This article further elaborates on the “pre-crime society” thesis as developed and examined by Arrigo and Sellers. Specifically, the article focuses on the ultramodern era of digital inter-connectivity and argues that productive psychic desire is held clinically captive. Ultra-modernity is populated by cyber-forms of human relating and of economic exchange that nurture hyper-securitization. We discuss how the maintenance of hyper-securitization supports a pre-crime society, and how hyper-securitization’s object of desire consists of sign-optics. We argue that the co-constitutive forces of (...) this desire represent the sign-exchange values of post-criminology. Post-criminology’s signifiers include, among others, “predictive policing”, “crime mapping”, and “actuarial penology.” Post-criminology’s signifieds produce captivity-generating bio-digital “laws” of human relatedness. Among others, these laws sanction the neurosis of de-vitalization and certify the psychosis of finalization. We explain how the unchecked excess neutralizations of de-vitalization and finalization cultivate clinical captivity. Clinical captivity is a social anxiety in which reciprocal consciousness, inter-subjectivity, and mutual power are limited in existence or are denied an existence. (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...) the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

Realist evaluation and Q Methodology are established approaches in social science. However, integration of Q methodology within a realist evaluation is scarce. This paper attempts to illustrate how Q methodology can support a realist evaluation. The paper attempts to capture the philosophical compatibility of the two approaches creating an argument for Q’s integration within realist evaluation. Through the case study selected the iterative methodological process is presented, capturing a snapshot of the findings from the evaluation. This illuminates how Q met (...) the philosophical aims of a realist evaluation to make sense of how and why and under what circumstances a programme or intervention works. It is argued that Q methodology is entirely suitable for capturing the three key stages in a realist evaluation of developing, testing, and refining programme theory. It is intended that this paper can contribute to inspire other realist evaluators and methodologists to make use of Q as a tool in their evaluation. (shrink)

Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the (...) effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We show that, even from a purely consequentialist perspective, disgorgement remedies may be normatively warranted, especially when involving sellers’ breach. Recent experimental evidence revealed that the preferences and reactions of ordinary people are in line with our evaluation of the effects of opportunistic breach. (shrink)

This article catalogs social processes contributing to construction of emotions across three time-scales, covering: natural selection; ontogenesis; and moment-by-moment transactions. During human evolution, genetic and cultural influences operate interdependently, not as separate forces working against each other. Further, leaving infants’ environment-open serves adaptive purposes. During ontogenesis, cultural socialization affects emotion development in various ways, not all of which depend on internalization of cultural meanings as emphasized in some earlier social constructionist accounts. Construction also operates over the moment-by-moment time-scale of real-time (...) interpersonal interactions, as emotions adjust to the constraints and affordances of immediate cultural environments. Claims that emotions are constructed, and that social processes contribute to their construction, are no longer contestable. Now the project is to specify how these processes operate and what materials they use. (shrink)

"Brian Orend's The Morality of War promises to become the single most comprehensive and important book on just war for this generation. It moves far beyond the review of the standard just war categories to deal comprehensively with the new challenges of the conflict with terrorism. It thoughtfully reviews every major military conflict of the past few decades, mining them for implications of the evolving tradition of just war thinking. It concludes with a critical engagement with the major alternatives (...) to just war thinking: pacifism and 'realism.' It is, in short, the most comprehensive and thoughtful assessment of all aspects of just war since Michael Walzer's classic Just and Unjust Wars." - Martin L. Cook, United States Air Force Academy. (shrink)

Authors have a lot of leeway with regard to what they can make true in their story. In general, if the author says that p is true in the fiction we’re reading, we believe that p is true in that fiction. And if we’re playing along with the fictional game, we imagine that, along with everything else in the story, p is true. But there are exceptions to these general principles. Many authors, most notably Kendall Walton and Tamar Szabó Gendler, (...) have discussed apparent counterexamples when p is “morally deviant”. Many other statements that are conceptually impossible also seem to be counterexamples. In this paper I do four things. I survey the range of counterexamples, or at least putative counterexamples, to the principles. Then I look to explanations of the counterexamples. I argue, following Gendler, that the explanation cannot simply be that morally deviant claims are impossible. I argue that the distinctive attitudes we have towards moral propositions cannot explain the counterexamples, since some of the examples don’t involve moral concepts. And I put forward a proposed explanation that turns on the role of ‘higher-level concepts’, concepts that if they are satisfied are satisfied in virtue of more fundamental facts about the world, in fiction, and in imagination. (shrink)

"Every other is truly other, but no other is wholly other." This is the claim that Aspects of Alterity defends. Taking up the question of otherness that so fascinates contemporary continental philosophy, this book asks what it means for something or someone to be other than the self. Levinas and those influenced by him point out that the philosophical tradition of the West has generally favored the self at the expense of the other. Such a self-centered perspective never encounters the (...) other qua other, however. In response, postmodern thought insists on the absolute otherness of the other, epitomized by the deconstructive claim "every other is wholly other." But absolute otherness generates problems and aporias of its own. This has led some thinkers to reevaluate the notion of relative otherness in light of the postmodern critique, arguing for a chiastic account that does justice to both the alterity and the similitude of the other. These latter two positions--absolute otherness and a rehabilitated account of relative otherness--are the main contenders in the contemporary debate.The philosophies of Emmanuel Levinas and Gabriel Marcel provide the point of embarkation for coming to understand the two positions on this question. Levinas and Marcel were contemporaries whose philosophies exhibit remarkably similar concern for the other but nevertheless remain fundamentally incompatible. Thus, these two thinkers provide a striking illustration of both the proximity of and the unbridgeable gap between two accounts of otherness.Aspects of Alterity delves into this debate, first in order understand the issues at stake in these two positions and second to determine which description better accounts for the experience of encountering the other.After a thorough assessment and critique of otherness in Levinas's and Marcel's work, including a discussion of the relationship of ethical alterity to theological assumptions, Aspects of Alterity traces the transmission and development of these two conceptions of otherness. Levinas's version of otherness can be seen in the work of Jacques Derrida and John D. Caputo, while Marcel's understanding of otherness influences the work of Paul Ricoeur and Richard Kearney.Ultimately, Aspects of Alterity makes a case for a hermeneutic account of otherness. Otherness itself is not absolute, but is a chiasm of alterity and similitude. Properly articulated, such an account is capable of addressing the legitimate ethical and epistemological concerns that lead thinkers to construe otherness in absolute terms, but without the "absolute aporias" that accompany such a characterization. (shrink)

A counterpossible is a counterfactual whose antecedent is impossible. The vacuity thesis says all counterpossibles are true solely because their antecedents are impossible. Recently, some have rejected the vacuity thesis by citing purported non-vacuous counterpossibles in science. One limitation of this work, however, is that it is not grounded in experimental data. Do scientists actually reason non-vacuously about counterpossibles? If so, what is their basis for doing so? We presented biologists (N = 86) with two counterfactual formulations of a well-known (...) model in biology, the antecedents of which contain what many philosophers would characterize as a metaphysical impossibility. Participants consistently judged one counterfactual to be true, the other to be false, and they explained that they formed these judgments based on what they perceived to be the mathematical relationship between the antecedent and consequent. Moreover, we found no relationship between participants’ judgments about the (im)possibility of the antecedent and whether they judged a counterfactual to be true or false. These are the first experimental results on counterpossibles in science with which we are familiar. We present a modal semantics that can capture these judgments, and we deal with a host of potential objections that a defender of the vacuity thesis might make. (shrink)

ABSTRACT Quine insisted that the satisfaction of an open modalised formula by an object depends on how that object is described. Kripke's ‘objectual’ interpretation of quantified modal logic, whereby variables are rigid, is commonly thought to avoid these Quinean worries. Yet there remain residual Quinean worries for epistemic modality. Theorists have recently been toying with assignment-shifting treatments of epistemic contexts. On such views an epistemic operator ends up binding all the variables in its scope. One might worry that this yields (...) the undesirable result that any attempt to ‘quantify in’ to an epistemic environment is blocked. If quantifying into the relevant constructions is vacuous, then such views would seem hopelessly misguided and empirically inadequate. But a famous alternative to Kripke's semantics, namely Lewis' counterpart semantics, also faces this worry since it also treats the boxes and diamonds as assignment-shifting devices. As I'll demonstrate, the mere fact that a variable is bound is no obstacle to binding it. This provides a helpful lesson for those modelling de re epistemic contexts with assignment sensitivity, and perhaps leads the way toward the proper treatment of binding in both metaphysical and epistemic contexts: Kripke for metaphysical modality, Lewis for epistemic modality. (shrink)

A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this (...) common understanding. (shrink)

There are three conventionally held views about the relationship between mankind and nature in the Roman villa: man is master over the natural landscape; villas were positioned at vantage points so that the downward gaze of a dominus reinforced his domination; gardens offered opportunities to bring order upon nature. This article argues to the contrary that Manilius Vopiscus’ villa in Statius’ Siluae 1.3 presents a harmonious relationship between key natural features, the villa architecture and the villa proprietor himself. Nature sometimes (...) takes precedence, while the villa complements and integrates with the environment. This allows us to appreciate the nuances in Statius’ overall presentation of the relationship between mankind and nature in Book 1 and in other poems in the Siluae. (shrink)

The phenomenon of action in which the mind moves the body has puzzled philosophers over the centuries. In this new edition of a classic work of analytical philosophy, Brian O'Shaughnessy investigates bodily action and attempts to resolve some of the main problems. His expanded and updated discussion examines the scope of the will and the conditions in which it makes contact with the body, and investigates the epistemology of the body. He sheds light upon the strangely intimate relation of (...) awareness in which we stand to our own bodies, doing so partly through appeal to the concept of the body-image. The result is a new and strengthened emphasis on the vitally important function of the bodily will as a transparently intelligible bridge between mind and body, and the proposal of a dual aspect theory of the will. (shrink)

Normative Externalism argues that it is not important that people live up to their own principles. What matters, in both ethics and epistemology, is that they live up to the correct principles: that they do the right thing, and that they believe rationally. This stance, that what matters are the correct principles, not one's own principles, has implications across ethics and epistemology. In ethics, it undermines the ideas that moral uncertainty should be treated just like factual uncertainty, that moral ignorance (...) frequently excuses moral wrongdoing, and that hypocrisy is a vice. In epistemology, it suggests we need new treatments of higher-order evidence, and of peer disagreement, and of circular reasoning, and the book suggests new approaches to each of these problems. Although the debates in ethics and in epistemology are often conducted separately, putting them in one place helps bring out their common themes. One common theme is that the view that one should live up to one's own principles looks less attractive when people have terrible principles, or when following their own principles would lead to riskier or more aggressive action than the correct principles. Another common theme is that asking people to live up to their principles leads to regresses. It can be hard to know what action or belief complies with one's principles. And now we can ask, in such a case should a person do what they think their principles require, or what their principles actually require? Both answers lead to problems, and the best way to avoid these problems is to simply say people should follow the correct principles. (shrink)

Almost entirely ignored in the linguistic theorising on names and descriptions is a hybrid form of expression which, like definite descriptions, begin with 'the' but which, like proper names, are capitalised and seem to lack descriptive content. These are expressions such as the following, 'the Holy Roman Empire', 'the Mississippi River', or 'the Space Needle'. Such capitalised descriptions are ubiquitous in natural language, but to which linguistic categories do they belong? Are they simply proper names? Or are they definite descriptions (...) with unique orthography? Or are they something else entirely? This paper assesses two obvious assimilation strategies: (i) assimilation to proper names and (ii) assimilation to definite descriptions. It is argued that both of these strategies face major difficulties. The primary goal is to lay the groundwork for a linguistic analysis of capitalised descriptions. Yet, the hope is that clearing the ground on capitalised descriptions may reveal useful insights for the on-going research into the semantics and syntax of their lower-case or 'the'-less relatives. (shrink)

Philosophical dialogue has the power to improve interdisciplinary scientific research. The Toolbox Dialogue Initiative (TDI) conducts workshops that foster philosophical dialogue among interdisciplinary researchers. This chapter focuses on 20 of these workshops, all of which used the Toolbox STEM (Science, Technology, Engineering, and Mathematics) instrument and were conducted with interdisciplinary research teams of scientists. We analyze data from some of these workshops and demonstrate that philosophical dialogues conducted using the Toolbox method have two salutary effects. First, they lead to a (...) significant increase in belief formation about philosophical topics relevant to interdisciplinary science. Scientists sometimes do not have preconceived commitments on issues in philosophy of science, and Toolbox workshops tend to prompt them to adopt views on these topics. Second, these philosophical …. (shrink)

These interviews with Hélène Cixous offer invaluable insight into her philosophy and criticism. Culled from newspapers, journals, and books, _White Ink_ collects the best of these conversations, which address the major concerns of Cixous's critical work and features two dialogues with twentieth-century intellectuals Michel Foucault and Jacques Derrida. The interviews in _White Ink_ span more than three decades and include a new conversation with Susan Sellers, the book's editor and a leading Cixous scholar and translator. Cixous discusses her work (...) and writing process. She shares her views on literature, feminism, theater, autobiography, philosophy, politics, aesthetics, religion, ethics, and human relations, and she reflects on her roles as poet, playwright, professor, woman, Jew, and, her most famous, "French feminist theorist." Sellers organizes _White Ink_ in such a way that readers can grasp the development of Cixous's commentary on a series of vital questions. Taken together, the revealing performances in _White Ink_ provide an excellent introduction this thinker's brave and vital work—each one an event in language and thought that epitomizes Cixous's intellectual and poetic force. (shrink)

Pt. I. Zeno and the metaphysics of quantity. Zeno's paradox of measure -- Tractarian nominalism -- Logical atoms and combinatorial possibility -- Strict coherence, sigma coherence, and the metaphysics of quantity -- pt. II. Coherent degrees of belief. Higher-order degrees of belief -- A mistake in dynamic coherence arguments? -- Dynamic coherence and probability kinematics -- Updating, supposing, and MAXENT -- The structure of radical probabilism -- Diachronic coherence and radical probabilism -- pt. III. Induction. Carnapian inductive logic for Markov (...) chains -- Carnapian inductive logic and Bayesian statistics -- Bayesian projectability. (shrink)

Do adolescents have the decisional capacity of adults? Or, are they in crucial ways still immature, that is, are they deficient decisionmakers? This questi.

This chapter provides a general overview of the issues surrounding so-called semantic monsters. In section 1, I outline the basics of Kaplan’s framework and spell out how and why the topic of “monsters” arises within that framework. In Section 2, I distinguish four notions of a monster that are discussed in the literature, and show why, although they can pull apart in different frameworks or with different assumptions, they all coincide within Kaplan’s framework. In Section 3, I discuss one notion (...) that has spun off into the linguistics literature, namely “indexical shift”. In Section 4, I emphasize the connection between monsters and the compositionality of asserted content in Kaplan’s original discussion. Section 5 discusses monsters and the more general idea of re-interpretation or meaning-shift. Section 6 closes with a brief survey of where monsters may dwell, and pointers to avenues for future research. (shrink)

How might the social sciences best be employed in the study of law, especially in light of today's legal climate of anti-foundationalism? Realistic Socio-Legal Theory addresses this question thoroughly and precisely. Drawing upon philosophical pragmatism to construct an epistemological and methodological foundation, this book formulates a framework for a realistic approach to socio-legal theory. Brian Z. Tamanaha contrasts the strengths of his realistic approach with those of the major schools of socio-legal theory through application to many key issues in (...) the field. He explores the problematic state of socio-legal studies, the relationship between behavior and meaning, the notion of legal ideology, the nature of the concept of law, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. Tamanaha's discussion is always clear and concise as he articulates a social theory of law that draws equally from legal theory and socio-legal studies. His book has much to offer those interested in the gathering and organization of knowledge about law and legal phenomena. (shrink)

ABSTRACT:What more can be said about COVID-19 and the social determinants of health? This article describes neglected perspectives that derive from the history of social epidemiology, a field that identifies the social etiology of disease and variations in disease incidence among people differentially located in the social structure. The "discovery" of social determinants of diseases like COVID-19 is nothing new for epidemiology: debate over how to analyze structural determinants versus individual-level risk factors persisted throughout the 19th and 20th centuries. By (...) the late 20th century, research had highlighted fundamental causes of health disparities, such as social conditions and structural racism; these are structural factors, embedded in the social fabric of life. Measurement of structured inequalities within systems faces complex and challenging problems, as research aims to better account for these lived realities at different levels of analysis and as multiple factors merge to influence outcomes (revealed in intersectionality theory). At each of these intersections, there are opportunities for bioethicists to consider their ethical implications. It is imperative to understand the social and ethical roots of our present conversations about health inequalities, in order to partner intelligently with researchers on the forefront of advocating for change. (shrink)

Does appraisal co-ordinate emotional responses? Are emotions usually reached via mental representations of relational meaning? This comment considers alternative causal routes in order to assess the centrality of appraisal in the explanation of emotion. Implicit and explicit meaning extraction can certainly help steer the course of emotion-related processes. However, presupposing that appraisals represent the driving force behind all aspects of emotion generation leads to inclusive formulations of appraisal or restrictive formulations of emotion.

The latest volume in the Oxford Readings in Philosophy series, this work brings together some of the best and most influential recent philosophical scholarship on Nietzsche. Opening with a substantial introduction by John Richardson, it covers: Nietzsche's views on truth and knowledge, his 'doctrines' of the eternal recurrence and will to power, his distinction between Apollinian and Dionysian art, his critique of morality, his conceptions of agency and self-creation, and his genealogical method. For each of these issues, the papers show (...) Nietzsche's continuing philosophical importance. Giving a clear and accessible overview, while retaining an analytical philosophical approach throughout, this volume is essential reading for all students of Nietzsche. (shrink)

The essays in this volume trace the fluid movement between phenomenological and religious descriptions of the capable self that emerges across Ricoeur's oeuvre ...

The De Malo represents some of St. Thomas Aquinas' most mature thinking on goodness, badness, and human agency. Together with the second part of the Summa Theologiae, it is one of his most sustained contributions to moral philosophy and theology. Aquinas examines the full range of questions associated with evil: its origin, its nature, its variety, its relation to good, and its compatibility with the existence of an omnipotent, benevolent God. This edition offers the Leonine Commission's authoritative edition of the (...) Latin text with a new, clear, and readable English translation by Richard Regan with an extensive introduction and notes by Brian Davies. (shrink)

In the target article, “Revive and Refuse: Capacity, Autonomy, and Refusal of Care After Opioid Overdose,” Kenneth D. Marshall and collaborators (2024) highlight important complexities in the care...

The dictum ‘“ought” implies “can”’ has a status in moral philosophy in some respects like that of ‘a good player needs good co-ordination’ in talk about ball-games. Clearly, you say something important but not conclusive about proficiency in playing a ball-game when you say that it requires good co-ordination: similarly, you say something important but not conclusive about obligation when you say that it implies a certain possibility or power or ability. Each dictum is a reminder: the one about such (...) courses of physical instruction, the other about such exhortations to duty, as are worth persevering with. It would be hopeless to keep on teaching a boy the moves and tricks of rugby football if he could never co-ordinate well enough to get his eye in, so to speak. Correspondingly, it would be meaningless to recommend that someone ought to do something the specification of which involved a contradiction, and pointless to suggest that he ought to do something which, for quite general reasons, was not, and was certain to remain not, within his power. So each dictum expresses a bluff, no-nonsense wisdom which we should count on before involving ourselves in certain more detailed commitments. But probably this is as far as the comparison between the two sayings can well be taken. (shrink)