This study investigated grammatical gender processing in school-age Spanish-English bilingual children using a visual world paradigm with a 4-picture display where the target noun was heard with a gendered article that was either in a context where all distractor images were the same gender as the target noun or in a context where all distractor images were the opposite gender than the target noun. We investigated 32 bilingual children who were exposed to Spanish since infancy and began learning English by (...) school entry. Along with the eye-tracking experiment, all children participated in a standardized language assessment and told narratives in English and Spanish, and parents reported on their child's current Spanish language use. The differential proportion fixations to target were analyzed in two time regions with linear mixed-effects models. Results show that prior to the target word being spoken, these bilingual children did not use the gendered articles to actively anticipate upcoming nouns. In the subsequent time region, it was shown that there are differences in the way they use feminine and masculine articles, with a lack of use of the masculine article and a potential facilitatory use of the feminine article for children who currently use more Spanish than English. This asymmetry in the use of gendered articles in processing is modulated by current Spanish language use and trends with results found for bilingual and second-language learning adults. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

A globe-spanning investigation into the Transhumanist movement, considering the tech billionaires, scientific luminaries, and DIY body-hackers attempting to prolong, improve, and ultimately transcend the limits of human life.

In this editorial, we argue that midwives should focus on climate change, a link which has been underexplored.

In this chapter, Sifferd analyzes the grounds for moral and legal desert. She bridges the gap between compatibilist accounts of our moral and legal responsibility, and she argues that neither moral nor criminal responsibility demand impossible or superhuman abilities. Sifferd’s capacitarian view of agency embraces our mechanistic natures yet can still ground robust mental causation, a key requirement for criminal culpability. She also notes the ways in which the capacity for reasons-responsiveness is developed and maintained over time, and she claims (...) that diachronic agency can instantiate meaningful self-control and self-formation with moral and legal rules in mind. Sifferd concludes that rapists do in some cases deserve criminal punishment. Her ultimate position is that basic desert is necessary but not sufficient for criminal punishment of rape. (shrink)

The goal of this paper is to examine the impact of leadership and promotion regulatory focus on employees’ willingness to engage in unethical pro-organizational behavior . Building from a person–situation interactionist perspective, we investigate the interaction of leadership style and how leaders frame messages, as well as test a three-way interaction with promotion focus. Using an experimental design, we found that inspirational and charismatic transformational leaders elicited higher levels of UPB than transactional leaders when the leaders used loss framing, but (...) not gain framing. Furthermore, followers’ promotion regulatory focus moderated this relationship such that the effect held for followers with low promotion focus, but not for individuals with high promotion focus. Our findings extend the understanding of UPB, offer theoretical mechanisms to explain when this behavior occurs, and contribute to leadership theory and research on ethical decision making. (shrink)

Providing a novel interpretation of Nietzsche's philosophical method, Nietzsche, Truth and Transformation addresses the philosophical problem of on what basis, if knowledge is always from a perspective, one can criticise modern humanity and culture, and how such critique can be actively responded to.

Can we coherently conceive of an agent whose practical rationality is limited to merely instrumental reasoning? I argue that we cannot. Existing arguments to this effect have focused on what is required in order to have reasons to take means to our ends-or on what is required in order to be bound by the so-called ‘instrumental principle’. By contrast, I argue that consideration of the special kind of concept-use characteristic of instrumental reasoning reveals that a merely instrumentally rational agent would (...) not be so much as able to identify means to ends in the first place. I then elucidate this line of thought by testing it against three different conceptions of merely instrumentally rational agency found in the literature. I conclude by highlighting a risk associated with remaining agnostic concerning the possibility of merely instrumentally rational agents: namely, that we arrive at a false conception of our own capacity to identify means to ends as somehow isolated from our conceptions of the good. (shrink)

Famous for their enigmatic ambiguity, the fragmentary texts of the Presocratic philosopher Heraclitus have puzzled and fascinated readers for over two millennia ...

In this first-ever history of contemporary liberal theory, Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain.d Britain.

William James’ celebrated lecture on “The Will to Believe” has kindled spirited controversy since the day it was delivered. In this lively reappraisal of that controversy, Father O’Connell contributes some fresh contentions: that James’ argument should be viewed against his indebtedness to Pascal and Renouvier; that it works primarily to validate our “over-beliefs” ; and most surprising perhaps, that James envisages our “passional nature” as intervening, not after, but before and throughout, our intellectual weighing of the evidence for belief.

The paper distinguishes between weak and strong epistemic possibility and argues that the notion of strong epistemic possibility is the key to solving some of the most vexing puzzles about the semantics of epistemic modality.

Completely revised and updated, this classic introduction to moral theology in the Roman Catholic tradition speak clearly to anyone interested in understanding what it means to live the Christian life. Beginning with a concise definition of the roles of revelation and interpretation in the formation of moral theology, O'Connell explores the concept of a moral person, the shape and dynamics of a moral world, and the implications not only for the individual Christian but for the community as a whole.

Written by one of the world's preeminent authorities on Kierkegard, this biography is the first to reveal the delicate imbrication of Kierkegard's life and thought. To grasp the importance and influence of Kierkegaard's thought far beyond his native Denmark, it is necessary to trace the many factors that led this gifted but (according to his headmaster) 'exceedingly childish youth' to grapple with traditional philosophical problems and religious themes in a way that later generations would recognize as amounting to a philosophical (...) revolution. Although Kierkegaard's works are widely tapped and cited they are seldom placed in context. Nor is due attention placed to their chronology. However, perhaps more than the work of any other contributor to the Western philosophical tradition, these writings are so closely meshed with the background and details of the author's life that knowledge of this is indispensible to their content. Alastair Hannay solves these problems by following the chronological sequence of events and focusing on the formative stages of his career from the success of his first, pseudonymous work ^Either/Or through to The Sickness Unto Death and Practice in Christianity. This book offers a powerful narrative account which will be of particular interest to philosophers, literary theorists, intellectual historians, and scholars of religious studies as well as any non-specialist looking for an authoritative guide to the life and work of one of the most original and fascinating figures in Western philosophy. Alastair Hannay is Professor Emeritus in the department of philosophy at the University of Oslo. He is the co-editor of The Cambridge Companion of Kierkegaard (1998) and is also translator of several works by Kierkegaard in Penguin Classics. (shrink)

Have you lost a loved one? The loss can be inestimable, the grief excruciating. What helped you? Did someone say something comforting? Did someone offer a consolation, which you resented? Have you ever tried to comfort someone with a terminal illness or one who has lost a loved one? Knowing how to help or what to say that is not trite, insincere, or superficial can be difficult. The point of view of a grieving person is quite different from that of (...) those who wish to offer comfort. In a multicultural society such as ours, anticipating the beliefs of the grieving person can be even more difficult. This book explores the perspective of a grieving person. It considers the merits and potential harm of alternative comfort strategies. As a philosophical analysis of grief, it emphasizes an understanding of the beliefs that underlie grief and the usefulness or dangers of emotions. Because grief is so complex and sensitive, a narrow approach runs the risk of alienating the grieving person. The ideas in this book are expressed in a dialogue among three characters. Their discussion is broad and fundamental. Starting from the familiar consolation, “She’s no longer suffering” and the grieving person’s resentment toward the expression, the three friends articulate the value of life and the evils of death. Their discussion enriches their understanding of grief. Many consolations offered to mourners are poor arguments. Even the better ones do their work best in the context of a greater understanding of grief. (shrink)

Not all probability ascriptions that appear in scientific theories describe chances. There is a question about whether probability ascriptions in non-fundamental sciences, such as those found in evolutionary biology and statistical mechanics, describe chances in deterministic worlds and about whether there could be any chances in deterministic worlds. Recent debate over whether chance is compatible with determinism has unearthed two strategies for arguing about whether a probability ascription describes chance—that is, to speak metaphorically, two different strategies for figuring out where (...) the chances are: find the chances by focusing on chance’s explanatory role or find the chances by focusing on chance’s predictive role. These two strategies tend to yield conflicting results about where the chances are, and debate over which strategy is appropriate tends to end in stalemate. After discussing these two strategies, I consider a new view of chance’s explanatory role. I argue that one theoretical advantage of this new view is that allows us to make progress on the question of where the chances are by providing a principled way of determining which probability ascriptions describe chances. From the vantage of this new view, the correct application of both strategies involves figuring out where the chances are by figuring out where the probabilistic scientific explanations are and what those explanations are like. (shrink)

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical dependence relations in our world. Thus, we doubt that statistical dependence relations are the worldly basis of causal and explanatory directions. (shrink)

In May 2011, more than a decade after the International Association of Athletics Federations (IAAF) and the International Olympic Committee (IOC) abandoned sex testing, they devised new policies in response to the IAAF's treatment of Caster Semenya, the South African runner whose sex was challenged because of her spectacular win and powerful physique that fueled an international frenzy questioning her sex and legitimacy to compete as female. These policies claim that atypically high levels of endogenous testosterone in women (caused by (...) various medical conditions) create an unfair advantage and must be regulated. Against the backdrop of Semenya's case and the scientific and historical complexity of ?gender verification? in elite sports, we question the new policies on three grounds: (1) the underlying scientific assumptions; (2) the policymaking process; and (3) the potential to achieve fairness for female athletes. We find the policies in each of these domains significantly flawed and therefore argue they should be withdrawn. (shrink)

Philosophical Perspectives, Volume 35, Issue 1, Page 170-188, December 2021.

In light of recent interest among political theorists in the idea of political realism, Judith Shklar’s liberalism of fear has come to be associated with anti-Rawlsian thought. This paper seeks to show that, on the contrary, Shklar’s specific formulation of political realism, unlike more recent variations, was not motivated by a critique of Rawls. This paper will address three concerns: first, it will show what exactly Shklar’s initial realism was responding to; second, it will consider the implications of this realism (...) for thinking about liberal democracies; third, it will attempt, briefly, in light of this, to make sense of her relationship with Rawls and, in turn, through a comparison with Bernard Williams’s thought, her relationship to anti-Rawlsian political realism. (shrink)

Professional sport in the United States has widely adopted biometric technologies, dramatically expanding the monitoring of players’ biodata. These technologies have the potential to prevent injuries, improve performance, and extend athletes’ careers; they also risk compromising players’ privacy and autonomy, the confidentiality of their data, and their careers. The use of these technologies in professional sport and the consumer sector remains largely unregulated and unexamined. We seek to provide guidance for their adoption by examining five areas of concern: validity and (...) interpretation of data; increased surveillance and threats to privacy; risks to confidentiality and concerns regarding data security; conflicts of interest; and coercion. Our analysis uses professional sport as a case study; however, these concerns extend to other domains where their use is expanding, including the consumer sector, collegiate and high school sport, the military, and commercial sectors where monitori... (shrink)

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical (in)dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical (in)dependence relations in our world (conceived of either as frequency patterns or as relations among chances). Thus, we doubt that statistical (in)dependence relations are the worldly basis of causal and explanatory directions. (shrink)

In April 2018, the International Association of Athletics Federations released new regulations placing a ceiling on women athletes’ natural testosterone levels to “ensure fair and meaningful competition.” The regulations revise previous ones with the same intent. They require women with higher natural levels of testosterone and androgen sensitivity who compete in a set of “restricted” events to lower their testosterone levels to below a designated threshold. If they do not lower their testosterone, women may compete in the male category, in (...) an intersex category, at the national level, or in unrestricted events. Women may also challenge the regulation, whether or not they have lowered their testosterone, or quit sport. Irrespective of IAAF’s stated aims, the options forced by the new regulations are impossible choices. They violate dignity, threaten privacy, and mete out both suspicion and judgement on the sex and gender identity of the athletes regulated. (shrink)

According to David Lewis’s Principal Principle, our beliefs about the objective chances of outcomes determine our rational credences in those outcomes. Lewis influentially argues that any adequate metaphysics of objective chance must explain why the Principal Principle holds. Since no theory of chance is widely agreed to have met this burden, I suggest we change tack. On the view I develop, a central aspect of the Principal Principle holds not because of what objective chances are but rather because of the (...) explanatory role that objective chances play for the rational agents who believe in them. (shrink)

The Peterloo Massacre was more than just a Manchester event. The attendees, on whom Manchester industry depended, came from a large spread of the wider textile regions. The large demonstrations that followed in the autumn of 1819, protesting against the actions of the authorities, were pan-regional and national. The reaction to Peterloo established the massacre as firmly part of the radical canon of martyrdom in the story of popular protest for democracy. This article argues for the significance of Peterloo in (...) fostering a sense of regional and northern identities in England. Demonstrators expressed an alternative patriotism to the anti-radical loyalism as defined by the authorities and other opponents of mass collective action. (shrink)

Background: The current study was designed to examine whether ethnic-racial identity moderated the relationship between disordered eating and primary ethnic identification.Methods: Three hundred and ninety-eight undergraduate women were recruited from a large university in Hawai‘i. Participants completed the Eating Disorder Examination Questionnaire, the ERI measure, and reported their primary ethnicity as an index of ethnicity.Results: There was a significant correlation between eating concerns and centrality, r = 0.127, p < 0.05. Moderation analyses indicated that only ERI centrality moderated the predictive (...) effect of ethnicity on the importance of eating concerns, b = 0.05, t = 2.37, p = 0.018.Conclusions: The results suggest that the relationship between self-reported primary ethnicity and EDEQ scores is greater when ethnicity is more central to the individual's identity or when the in-group affect is important to an individual. Findings underscore the need for further research on the underlying mechanisms that account for the differing ways that ERI may affect eating concerns. (shrink)

This chapter explores whether chemical castration can be justified as a form of criminal punishment. The author argues that castration via the drug medroxyprogesterone acetate (MPA), or some similar drug, does not achieve the punishment aims of retribution, deterrence, or incapacitation, but might serve as punishment in the form of rehabilitative treatment. However, current U.S. chemical castration statutes are too broad to be justified as rehabilitative. The state is warranted in targeting psychological states in criminal defendants for rehabilitative treatment where (...) such states (a) act as a primary cause of a criminal offender’s crime and (b) give rise to extraordinary worries that the offender will recidivate. Current statutes qualify criminal offenders for castration who do not have overwhelming sexual urges or other psychological states causally related to their crime that may be treated with MPA. Thus, even assuming the efficacy of MPA, such statutes are unjustifiable because they apply chemical castration to offenders for whom castration will have no rehabilitative effect. (shrink)

Does neo-Rawlsian political philosophy offer an adequate account of the social conditions of capitalism? In this paper, I present two arguments for thinking that it does not. First, I develop a historicist critique of liberal egalitarianism, arguing that it provides a vision of social reality that is intimately connected to the historical and ideological constellation that I call postwar liberalism, and as such cannot account for social reality since the neoliberal revolutions of the late twentieth century. Second, I explore arguments (...) in Marxist and critical social theory that cast liberal egalitarianism as partial, on account of its inadequate portrait of capitalist society. In surveying responses to these critiques, I argue that merely extending liberal egalitarianism into new domains to account for how contemporary circumstances have changed since the mid-twentieth century cannot address the problem of its partial view of the social world. Taking seriously the insights of critical social theory and the study of capitalism should lead to a challenge to liberal egalitarianism, not an extension of it. (shrink)

A great thinker once said that "all philosophy is merely footnotes to Plato."Through Plato, Father O'Connell provides us here with an introduction to all philosophy. Designed for beginning students in philosophy, Plato on the Human Paradox examines and confronts human nature and the eternal questions concerning human nature through the dialogues of Plato, focusing on the Apology, Phaedo, Books III-VI of the Republic, Meno, Symposium, and O'Connell presents us here with an introduction to Plato through the philosopher's quest (...) to define "human excellence" or arete in terms of defining what "human being" is body and soul, focusing on Plato's preoccupations with the questions of how and what it means to have a "good life" in relation to or as opposed to a "moral life.". (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

Certain anaphoric forms are widely supposed to give rise to ‘de se’ interpretations. Castanteda (1966a/b, 1967) argues that intensive reflexive anaphors such as ‘he himself’ and ‘she herself’ act as devices for the indirect report of essentially ‘first person’ contents when they occur with singular antecedents. In this paper, I argue that first and third person pronouns that occur as anaphors on c-commanding quantified antecedents (so-called ‘bound variable pronouns’) also give rise to de se interpretations. I draw out a problem (...) that this observation raises for a well-accepted account according to which bound pronouns occur as featureless variables. I argue that the best way to account for de se interpretations of bound first and third person pronouns is to abandon the view that pronouns lack features when bound. I offer a new account of bound pronominal anaphora which assigns the features of pronouns a crucial role in deriving bound readings. (shrink)

Current interpretations of the political theory of Judith Shklar focus to a disabling extent on her short, late article (1989); commentators take this late essay as representative of her work as a whole and thus characterize her as an anti-totalitarian, Cold War liberal. Other interpretations situate her political thought alongside followers of John Rawls and liberal political philosophy. Challenging the centrality of fear in Shklar's thought, this essay examines her writings on utopian and normative thought, the role of history in (...) political thinking and her notions of ordinary cruelty and injustice. In particular, it shifts emphasis away from an exclusive focus on her late writings in order to consider works published throughout her long career at Harvard University, from 1950 until her death in 1992. By surveying the range of Shklar's critical standpoints and concerns, it suggests that postwar American liberalism was not as monolithic as many interpreters have assumed. Through an examination of her attitudes towards her forebears and contemporaries, it shows why the dominant interpretations of Shklarmigrare flawed. In fact, Shklar moved restlessly between these two categories, and drew from each tradition. By thinking about both hope and memory, she bridged the gap between two distinct strands of postwar American liberalism. (shrink)

This paper explores possible connections between gender and the willingness to engage in unethical business behavior. Two approaches to gender and ethics are presented: the structural approach and the socialization approach. Data from a sample of 213 business school students reveal that men are more than two times as likely as women to engage in actions regarded as unethical but it is also important to note that relatively few would engage in any of these actions with the exception of buying (...) stock with inside information. Fifty percent of the males were willing to buy stock with insider information. Overall, the results support the gender socialization approach. (shrink)

Dystonia is a movement disorder that can have a debilitating impact on motor functions and quality of life. There are 250,000 cases in the United States, most with childhood onset. Due to the limited effectiveness and side effects of available treatments, pediatric deep brain stimulation has emerged as an intervention for refractory dystonia. However, there is limited clinical and neuroethics research in this area of clinical practice. This paper examines whether it is ethically justified to offer pDBS to children with (...) refractory dystonia. Given the favorable risk-benefit profile, it is concluded that offering pDBS is ethically justified for certain etiologies of dystonia, but it is less clear for others. In addition, various ethical and policy concerns are discussed, which need to be addressed to optimize the practice of offering pDBS for dystonia. Strategies are proposed to help address these concerns as pDBS continues to expand. (shrink)

A synchronic probability is the probability at a time that an outcome occurs at that very time. Common sense invokes synchronic probabilities with values between 0 and 1, as do scientific theories such as classical statistical mechanics. Recently, philosophers have argued about whether any synchronic probabilities are best interpreted as objective chances. I add to this debate an underappreciated reason we might have to believe in synchronic chance; it might turn out that the best interpretation of our common sense and (...) scientific theories is one in which the macrophysical properties of physical systems are partly determined by synchronic chance distributions over microphysical properties of those systems. Additionally, I argue against the common charge that synchronic probability fails to satisfy various platitudes about chance—most notably Lewis’s Principal Principle. (shrink)

There is considerable concern that climate change will displace many people in developing countries from their homes. This article examines whether developed countries are morally obligated to assist people displaced by climate change in developing countries. The article argues that there may not be a moral duty to assist climate change migrants as a category. Nonetheless, developed countries may have duties to assist vulnerable people elsewhere and may be obligated to assist climate change migrants along with other vulnerable people. In (...) addition, there likely is a duty to assist a particular subset of climate change migrants, specifically the citizens of small island countries existentially threatened by climate change. The article concludes by assessing the implications of its moral analysis for the focus of law and policy. Instead of developing new treaties to assist climate change migrants as a number of academics and practitioners have recently proposed, law and policy should be concerned with assisting migrants at risk generally, and/or the citizens of small island countries existentially threatened by climate change. (shrink)

Despite its place in the humanities, the career prospects and numbers of women in philosophy much more closely resemble those found in the sciences and engineering. This book collects a series of critical essays by female philosophers pursuing the question of why philosophy continues to be inhospitable to women and what can be done to change it. By examining the social and institutional conditions of contemporary academic philosophy in the Anglophone world as well as its methods, culture, and characteristic commitments, (...) the volume provides a case study in interpretation of one academic discipline in which women's progress seems to have stalled since initial gains made in the 1980s. Some contributors make use of concepts developed in other contexts to explain women's under-representation, including the effects of unconscious biases, stereotype threat, and micro-inequities. Other chapters draw on the resources of feminist philosophy to challenge everyday understandings of time, communication, authority and merit, as these shape effective but often unrecognized forms of discrimination and exclusion. Often it is assumed that women need to change to fit existing institutions. This book instead offers concrete reflections on the way in which philosophy needs to change, in order to accommodate and benefit from the important contribution women's full participation makes to the discipline. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

Forward-looking aims tend to play a much less significant role than retribution in justifying criminal punishment, especially in common law systems. In this paper I attempt to reinvigorate the idea that there are important forward-looking justifications for criminal law and punishment by looking to social theories of responsibility. I argue that the criminal law may be justified at the institutional level because it is a part of larger responsibility practices that have the effect of bolstering our reasons-responsiveness by making us (...) sensitive to the potential reactive attitudes of a larger societal audience. I further claim that forward-looking effects may justify criminal law institutions even if retribution is the primary aim of assigning punishments to specific offenders. (shrink)

In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very likely to (...) lack substantial capacities necessary to be law-abiding. Our analysis supports the Model Penal Code test for legal insanity over the traditional M’Naghten test, because the Model Penal Code test allows either severely diminished cognitive or volitional capacities to warrant an excuse to criminal culpability. We will provide a nuanced account of the ways in which mental illness can erode executive function, as well as an explanation as to why severe diminishment of executive functions caused by mental illness, but not some other causes, is exculpatory. (shrink)