Book Review. . ???aop.label???. doi: 10.1080/00048402.2014.929720.

The contributors to The Moral of the Story, all preeminent political theorists, are unified by their concern with the instructive power of great literature. This thought-provoking combination of essays explores the polyvalent moral and political impact of classic world literatures on public ethics through the study of some of its major figures-including Shakespeare, Dante, Cervantes, Jane Austen, Henry James, Joseph Conrad, Robert Penn Warren, and Dostoevsky. Positing the uniqueness of literature's ability to promote dialogue on salient moral and intellectual (...) virtues, editor Henry T. Edmonson III has culled together a wide-ranging exploration of such fundamental concerns as the abuse of authority, the nature of good leadership, the significance of "middle class virtues" and the needs of adolescents. This collection reinvigorates the study of classic literature as an endeavor that is not only personally intellectually satisfying, but also an inimitable and unique way to enrich public discourse. (shrink)

A review of Peter Steele’s: The Whispering Gallery: Art into Poetry, in which Steele writes poems on and to paintings and the sculpture Black Sun (By Inge King) in the National Gallery of Victoria, Melbourne, Australia. Each work on which there is a poem is reproduced. In this book Steele writes more to the ‘contour’ of the topic-work than he did in Plenty. His poems – as ever sidenoted – are tensed between the topicality of the work of art (...) in question, and Kant’s aesthetic which involves ‘the free play of the cognitive faculties’. In ths tension lies the particular pleasure of Steele’s poetry. (shrink)

For several decades, public political discourses on ‘welfare dependency’ have failed to recognise that welfare states are not the source of economic dependence, but rather reconfigure economic dependencies in a specific way. This article distinguishes four senses of ‘economic dependence’ that can help to clarify what is missing from these discourses, and what is at stake in political and legal decisions about how we may economically depend upon one another. While feminist, republican and egalitarian philosophical work has examined the problems (...) of dependence on states, in families and in markets, the present approach adds a further dimension to our cultural and political concerns with economic dependence: it argues that it is reasonable and useful to consider the economic dependence of the economically powerful. Doing so requires a clarification of the ‘varieties of dependence’ that exist in contemporary societies and economies, and the recognition that legal and political choices regarding social and economic justice are often about choosing between varieties of dependence, not about escaping dependence entirely. (shrink)

: Understanding Helmholtz's philosophy of science requires attention to his experimental practice. I sketch out such a project by showing how experiment shapes his theory of perception in three ways. One, the theory emerged out of empirical and experimental research. Two, the concept of experiment fills a critical conceptual gap in his theory of perception. Experiment functions not merely as a scientific technique, but also as a general epistemological strategy. Three, Helmholtz's experimental practice provides essential clues to the interpretation of (...) his theory of perception. A case study from experimental investigation of hearing shows how he designed such studies in accordance with the epistemological commitments of the theory of perception. Yet, while the theory was important to his experiments, the soundness of the experimental strategy was epistemically independent of those commitments. Secondly, the case study illustrates how Helmholtz consistently held that causal inferences underwrite reference to a real, but indirectly experienced external world. (shrink)

While positive information in the context of clinical care can lead to placebo effects, negatively framed information can have negative or nocebo effects. Extant literature documents how doctor–patient encounters are fertile ground for suboptimal interactions leading to negative experiences for ethnoracial minority patients. In their _JME_ paper, Blease presents a critical perspective on the potential for patients’ access to their doctors’ clinical notes, ‘open notes’, to engender nocebo effects. 1 In this commentary, we affirm the central claim that nocebo effects (...) could emerge ‘via negative wording or framing of health information expressed by clinicians in documentation’. The advent of electronic health records (EHR) allowed patients the unprecedented opportunity to access personal clinical documentation, giving them a window into decision making around their health. This shift is undoubtedly complex, and thus warrants a more fulsome rendering of the unique challenges faced by ethnoracial minority patients. Herein, we highlight three... (shrink)

There is a well-established social practice whereby we hold one another responsible for the things that we say. Speakers are held liable for the truth of the contents they express and they can be sanctioned and/or held to be unreliable or devious if it turns out what they say is false. In this paper chapter we argue that a better understanding of this fundamental socio-linguistic practice – of ascribing what we will term (following Borg (2019)) ‘linguistic liability’ – helps to (...) shed light on a core debate in semantics and pragmatics, concerning how and where to draw the line between different kinds of content. We suggest that attributions of linguistic liability form a heterogenous (rather than a homogenous) class and seek to show that different kinds of liability judgements are useful because they track divergent kinds of content – specifically the kinds that have come to prominence in recent theorising theorizing about the semantics/pragmatics divide. (shrink)

The conscious feeling of exercising ‘free-will’ is fundamental to our sense of self. However, in some psychopathological conditions actions may be experienced as involuntary or unwilled. We have used suggestion in hypnosis to create the experience of involuntariness in normal participants. We compared a voluntary finger movement, a passive movement and a voluntary movement suggested by hypnosis to be ‘involuntary.’ Hypnosis itself had no effect on the subjective experience of voluntariness associated with willed movements and passive movements or on time (...) estimations of their occurrence. However, subjective time estimates of a hypnotically-suggested, ‘involuntary’ finger movement were more similar to those for passive movements than for voluntary movements. The experience of anomalous control is qualitatively and quantitatively different from the normal conscious experience of a similar act produced intentionally. The experience of anomalous control may be produced either by pathology, or, in our case, by suggestion. (shrink)

Society is broken. We can design our way to a better one. In our increasingly interconnected world, self-interest and social-interest are rapidly becoming indistinguishable. If the oceans die, if society fractures, or if global warming spirals out of control, personal success becomes meaningless. But our broken system incentivizes behavior that only makes these problems worse. If true human rights progress is to be achieved today, it is time we dig deeper-rethinking the very foundation of our social system. In this engaging, (...) important work, Peter Joseph, founder of the world's largest grassroots social movement in the world-The Zeitgeist Movement-draws from economics, history, philosophy, and modern public-health research to present a bold case for rethinking activism in the 21st century. The conventional wisdom views poverty, social oppression, and the growing loss of public health as unfortunate and immutable side effects of our way of life. The New Human Rights Movement argues that these outcomes are, in fact, contrived-only natural to our outdated economic system. Social activists can never succeed in dramatically improving human life on this planet until they understand the structural reasons these problems exist. Arguing against the long-standing narrative of universal scarcity and other pervasive, legitimizing myths that defend the current state of affairs, The New Human Rights Movement ultimately presents the case for an updated economic approach. Joseph explores the potential of this grand social shift and how we can design our way to a post-scarcity world-a world where poverty doesn't exist and the human family has become truly sustainable. The New Human Rights Movement reveals the critical importance of a unified activism in this direction, through understanding and working to alter the inherent injustice of our current social system. This book not only warns against what is in store if we continue to ignore our broken society but also reveals the positive future possible if we succeed. Will you join the movement? (shrink)

Should wilderness be understood as primarily untrammeled or primarily natural? In this paper, we examine the conceptual and philosophical roots of untrammeled and natural in the context of the 1964 Wilderness Act and show how in some situations tension can arise between them, leading to a stewardship dilemma and subsequent debate over the future conservation role of wilderness. After showing that this debate is ultimately rooted in a false dichotomy, we offer a conceptual framework that presents managers with the tools (...) necessary to shepherd the wilderness idea through the changing environmental realities of the Anthropocene, and continue to allow wilderness to be both a cornerstone and touchstone for conservation in the 21st century. (shrink)

Hájek has recently presented the following paradox. You are certain that a cable guy will visit you tomorrow between 8 a.m. and 4 p.m. but you have no further information about when. And you agree to a bet on whether he will come in the morning interval (8, 12] or in the afternoon interval (12, 4). At first, you have no reason to prefer one possibility rather than the other. But you soon realise that there will definitely be a future (...) time at which you will (rationally) assign higher probability to an afternoon arrival than a morning one, due to time elapsing. You are also sure there may not be a future time at which you will (rationally) assign a higher probability to a morning arrival than an afternoon one. It would therefore appear that you ought to bet on an afternoon arrival. The paradox is based on the apparent incompatibility of the principle of expected utility and principles of diachronic rationality which are prima facie plausible. Hájek concludes that the latter are false, but doesn't provide a clear diagnosis as to why. We endeavour to further our understanding of the paradox by providing such a diagnosis. (shrink)

In a recent paper, Hájek presents the following alleged paradox. You are certain that a cable guy will visit you tomorrow between 8 a.m. and 4 p.m. but you have no further information about when. And you agree to a bet on whether he will come in the morning interval. At first you have no reason to prefer one possibility rather than the other. But you then realise that if you bet on the morning interval, there will certainly be a (...) future time at which you will assign higher probability to an afternoon arrival than a morning one. You are also sure that nothing similar will happen if you bet on an afternoon arrival, so it appears that you ought to do so. (shrink)

This latest volume of _The Philosopher's Annual_ presents the ten best articles published in the field during 2001. No limitations are placed on the articles' sources, subject matter or mode of treatment, providing for a diverse collection of engaging, high-caliber work that stands as a valuable sample of contemporary philosophy. This year's volume includes papers by Robert Bernasconi, Hans Halvorson, Christopher Hitchcock, Ignacio Jane, Brian Leiter, Liam Murphy and Thomas Nagel, Joel Pust, Alison Simmons, Jason Stanley and Timothy Williamson, and (...) Crispin Wright. (shrink)

Drawing on Charles Tilly’s work on inequality, democracy and cities, we explore the local level dynamics of democratization across urban settings in India, South Africa, and Brazil. In all three cases, democratic institutions are consolidated, but there is tremendous variation in the quality of the democratic relationship between cities and their citizens. We follow Tilly’s focus on citizenship as the key element in democratization and argue that explaining variance across our three cases calls for analyzing patterns of inequality through the (...) kind of relational lens used by Tilly and recognizing that patterns of contestation are shaped by shifting political relationships between the nation and the city. We conclude that Tilly’s theoretical frame is nicely sustained by the comparative analysis of cases very different from those that stimulated his original formulations. (shrink)

Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets in this paper are two (...) recent attempts, by Thomas Hurka and Michael Cholbi respectively, to defend the view that ‘levelling down’ (that is, reducing the punishment imposed on a criminal from the punishment he absolutely deserves to a less severe punishment in order to achieve proportionality relative to the criminals who have escaped the punishment they absolutely deserve) is, in the context of capital punishment, morally permissible. We argue that both Hurka and Cholbi fail to show why the arbitrariness and discrimination objection impugns the death penalty. (shrink)

The purpose of this valuable book is to consider recent cultural trends in bioethics from a Catholic perspective. Bioethics is intended for a lay audience interested in understanding bioethical issues from a Catholic perspective.

Journal of Social Philosophy, EarlyView.

Many people have the intuition that the failure to impose punishment on perpetrators of such serious human rights violations as murder, torture and rape that occurred in the course of violent conflict preceding a society’s transition from authoritarianism to democracy amounts to an injustice. This intuition is to an appreciable extent accounted for by the retributivist outlook of a high proportion of those who share it. Colleen Murphy, however, though she accepts that retributivism may justify punishment of offenders in stable (...) democracies, claims in her recent book on transitional justice that retributivism is inapplicable in the circumstances of transitional justice. I argue that the four arguments she provides in support of this claim are unsuccessful and that retributivism, assuming it to be a tenable rationale for punishment, justifies the subjection of perpetrators of at least some serious human rights abuses to sanctions in at least some transitional societies. (shrink)

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect are (...) all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)

I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...) practice’s amounting to mercy lends it justificatory support, while its qualifying as mercy under certain morally neutral definitions provides no basis for considering it justified. (shrink)

There is a need for empirically based research on social and ethical challenges related to informed consent processes, particularly in studies focusing on adolescent sexual and reproductive health. In a pilot study of a school-based pregnancy prevention intervention in rural Zambia, the majority of the guardians who were asked to consent to their daughters’ participation, refused. In this paper we explore the reasons behind the low participation in the pilot with particular attention to challenges related to the community engagement and (...) informed consent process. The pilot was implemented in two schools and examined the acceptability of a package of interventions including economic support to families to keep their girls in school, pocket money for girls, youth club meetings on reproductive health, and community meetings to sensitize the community. Focus group discussions were conducted with girls who participated in the pilot, boys in their class and with parents. Individual semi-structured interviews were conducted with teachers, peer educators and community health workers involved in the coordination of the intervention as well as with religious and traditional leaders. Data were analyzed through thematic analysis. The findings indicate that inadequate use of recognized community communication channels during the community engagement process and dissemination of information about the pilot resulted in limited understanding of the pilot concept by the community. This surfaced through uncertainty and fear that the intervention may result in loss of control over daughters, worries about why money was provided unconditionally to girls, and suspicion of links to satanism. The sense of insecurity appeared to be exacerbated by low literacy levels, poverty, fear of loss of bride wealth, perceived disregard for local perceptions of social status, and scanty trust in the actors implementing the pilot. Inadequate use of locally appropriate channels in the dissemination of information created room for interpretation and facilitated development of mistrust, undermining the conditions for community engagement and actual informed consent. A key lesson learnt is the importance of taking seriously the complexity of local values and structures that may impact people’s capability to consent or not consent to a study in an informed manner. (shrink)

This paper addresses the relationship between amnesty granted to perpetrators of serious human rights abuses and retributivism. It rebuts arguments advanced by Dan Markel and Lucy Allais in support of their claim that the granting of conditional amnesty—amnesty in exchange for perpetrators’ confessing to, and disclosing the details of, their wrongdoing—by the South African Truth and Reconciliation Commission (TRC) was consistent with retributivism. Markel contends that conditional amnesty was perfectly in line with recipients’ desert, while Allais submits that the TRC (...) secured as much retribution as was possible in the circumstances of South Africa’s democratic transition. The argument of the paper is that while retributivists have good reasons to view conditional amnesty as justified, the reasons provided by Markel and Allais are not among them. (shrink)

Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.

In this paper I consider arguments advanced by supporters of corporal punishment and argue that they have failed to show that this practice is justified on either consequentialist or retributivist grounds. Not only are there alternative punishments that bring about as much (if not more) benefit at a lower cost, but corporal punishment poses a risk of psychological harm to children and violates children’s rights. I conclude that corporal punishment is morally impermissible and that it ought to be criminalized.

I assess the force of a justification for post-conflict amnesties that is aimed at overcoming the most common objection to their conferral: that they entail retributive injustice. According to this justification, retributivists ought to consider amnesties to be justified because they are analogous to plea bargains, and because retributivists need not consider plea bargains to be unacceptable. I argue with reference to the 2001 Timor-Leste immunity scheme that amnesties conditional upon perpetrators’ not only admitting guilt and confessing but also making (...) reparations may count as plea bargains. I show that plea bargains providing sentence discounts in return for guilty pleas, allowing offenders who accept these bargains to be punished in the absence of trials, and plea bargains offering leniency in punishment in exchange for offenders pleading guilty and providing testimony or other incriminating evidence against superiors or accomplices, may be consonant with versions of retributivism that allow less than the full measure of an offender’s deserved punishment to be exacted where necessary to maximise or expand deserved punishment overall. I argue that amnesties that are also plea bargains may be considered justified by plea bargain-defending retributivists. So too may amnesties conferred in exchange for perpetrators’ admitting guilt and providing incriminating testimony or other evidence against their superiors and accomplices, some of which count as plea bargains, since they too could in some cases maximise or expand deserved punishment. (shrink)

My purpose in this paper is to enquire into whether law can forgive. This line of inquiry must be distinguished from other possible avenues of investigation into the relation between law and forgiv...

Epistemological theories of knowledge and justification draw a crucial distinction between one's simply havinggood reasons for some belief, and one's actually basingone's belief on good reasons. While the most natural kind of account of basing is causal in nature--a belief is based on a reason if and only if the belief is properly caused by the reason--there is hardly any widely-accepted, counterexample-free account of the basing relation among contemporary epistemologists. Further inquiry into the nature of the basing relation is therefore (...) of paramount importance for epistemology. Without an acceptable account of the basing relation, epistemological theories remain both crucially incomplete and vulnerable to errors that can arise when authors assume an implausible view of what it takes for beliefs to be held on the basis of reasons. Well-Founded Beliefbrings together seventeen essays written by leading epistemologists to explore this important topic in greater detail. The collection is divided thematically to cover a wide range of issues related to the epistemic basic relation. The first section of essays covers the nature of the basing relation and attempts to articulate defensible accounts of what it takes to believe on the basis of a reason. Section II explores the kind of things that can be reasons on the basis of which we hold beliefs. Finally, the last section addresses the basing relation as it bears on particular problems in epistemology, such as skepticism, the analysis of knowledge, and the contingencies of our epistemic upbringing. (shrink)

Neo- pragmatists Richard Rorty and Stanley Fish have recently argued that philosophy has no consequences for legal practice (except, in the case of Fish, insofar as it carries rhetorical force). They have asserted not only that philosophy cannot provide absolute metaphysical foundations for legal practice, but also that philosophy cannot be used to criticise law. This essay examines Fish and Rorty's reasons for denying the practical force of philosophy. Although I agree with Rorty and Fish's non-foundationalism, I argue that in (...) practice lawyers employ discursive categories and concepts that can be described as philosophical. I suggest also that philosophy has a critical function and that the characterization of philosophy offered by these theorists amounts to a conservative assertion of the formal completeness and substantive justice of existing liberal legal systems. Against Fish and Rorty, I argue and selectively demonstrate that lawyers can usefully draw upon 'public ironists' such as Nietzsche, Foucault and Derrida to criticise and improve upon extant legal practices. S. Afr. J. Philos. Vol.22(1) 2003: 82-97. (shrink)

Most philosophers who have expressed a view about whether forgiveness is compatible with forgivers’ continuing to punish, or support the punishment of, people who have wronged them hold that forgiveness is compatible with punishing or favouring punishment of wrongdoers. I argue that whether forgiveness entails forbearing punishment depends on which of two senses of forgiveness is operative. On the first, sentiment-based sense of forgiveness as consisting essentially in a change of heart on the part of a victim, a victim can, (...) I submit, forgive while continuing to punish or to support the punishment of a person who has wronged her. On the second sense of forgiveness as consisting in debt remission whether or not accompanied by a change of heart, the state’s remission of the entirety of criminal offenders’ punishment qualifies as forgiveness and, moreover, the state could not forgive offenders in this sense while continuing to punish them. (shrink)

This paper has three parts. You are to do all three parts. Read the instructions for each part carefully. Each part is worth 100 marks. The total value is 300 marks.

The aim of this article is to determine whether fixed courses of judicial corporal punishment and non-abusive corporal punishment of children amount to torture. I assess the reasons that have been offered for distinguishing fixed courses of JCP from torture and argue that none is successful. I argue that non-consensual JCP that inflicts severe pain is appropriately classifiable as torture, but that JCP that inflicts mild pain and entirely consensual JCP are not torturous. I consider whether any of the reasons (...) offered for distinguishing JCP from torture can distinguish non-abusive CPC from torture given certain important differences between CPC and JCP. I submit that none of these reasons is successful. I consider other possible reasons for distinguishing non-abusive CPC that inflicts severe pain from torture and argue that none is successful. I conclude that fixed courses of non-consensual JCP which inflict severe pain and non-abusive CPC that inflicts severe pain are correctly classifiable as torture. (shrink)