The Incompleteness of ‘Punishment as Fair Play’: A Response to Dagger

Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness of different kinds of crime.

Philosophy on steroids: why the anti-doping position could use a little enhancement

There is currently much concern over the use of pharmaceuticals and other biomedical techniques to enhance athletic performance—a practice we might refer to as doping. Many justifications of anti-doping efforts claim that doping involves a serious moral transgression. In this article, I review a number of arguments in support of that claim, but show that they are not conclusive, suggesting that we do not have good reasons for thinking that doping is wrong.

Punishment as Fair Play

This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection, is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of punishment; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order as a meta-cooperative practice—a conception that falls somewhere between contractual and communitarian conceptions—and draw on this account to show how the theory can overcome the objections.

Bodies against the law: Abu Ghraib and the war on terror

In this essay, I argue that the contemporary notion of law has been reduced to regulations and disciplinary codes that do not and cannot give meaning to our emotional lives and moral sensibilities. As a result, we have increasing numbers of what I call “abysmal individuals” who suffer from a split between law—broadly conceived as that which gives form and structure to social life—and personal embodied sensations of pain and pleasure. My attempt to understand the place of Abu Ghraib within American culture leads to an analysis of our valorization of innocence and ignorance that not only becomes the grounds on which we morally (if not legally) excuse abusive behavior as “fun,” but also becomes part of the justification for condoning some forms of violence while condemning others. In addition, I argue that the distinction between legitimate and illegitimate violence trades on underlying assumptions about the relationship between culture and nature, technology and bodies, wherein bodies are imagined as natural and outside of the realm of law.

No Regrets, or: Edith Piaf Revamps Decision Theory

I argue that standard decision theories, namely causal decision theory and evidential decision theory, both are unsatisfactory. I devise a new decision theory, from which, under certain conditions, standard game theory can be derived.

Enactive appraisal

Emotion theorists tend to separate “arousal” and other bodily events such as “actions” from the evaluative component of emotion known as “appraisal.” This separation, I argue, implies phenomenologically implausible accounts of emotion elicitation and personhood. As an alternative, I attempt a reconceptualization of the notion of appraisal within the so-called “enactive approach.” I argue that appraisal is constituted by arousal and action, and I show how this view relates to an embodied and affective notion of personhood.

A Conundrum Concerning Creation

In this paper, I expose a conundrum regarding divine creation as Leibniz conceives of such creation. What energizes the conundrum is that the concept of omnibenevolence—“consequential omnibenevolence”—that the Leibnizian argument for the view that the actual world is the best of all possible worlds presupposes, appears to sanction the conclusion that God has no practical reasons to create the actual world.

Being-There-With-and-For: Contemporary Psychoanalysis Characterizes Notions of Being Religious

Diverse religious communities and traditions share certain common notions among the ways of life they seek to cultivate, notions that contemporary psychoanalysis can illumine. This essay offers three contributions: (a) substantive—characterizing features of a way: being-there-with-and-for; (b) methodological—outlining genres of relating psychology and religion; (c) philosophical—discussing relations between epistemology and ontology (that is, between maps and territory).

A Note on the Nomic Possibility of a Dynamic Shift

In this note, I argue that a dynamically shifted world—i.e. a world identical to our own except for a fixed constant difference in the absolute acceleration of each object—is nomically impossible in a Newtonian world populated by finitely many objects. A dynamic shift however seems to be nomically possible in a world populated by infinitely many objects, but only in a broad sense of nomic possibility.

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Modest sociality and the distinctiveness of intention

Cases of modest sociality are cases of small scale shared intentional agency in the absence of asymmetric authority relations. I seek a conceptual framework that adequately supports our theorizing about such modest sociality. I want to understand what in the world constitutes such modest sociality. I seek an understanding of the kinds of normativity that are central to modest sociality. And throughout we need to keep track of the relations—conceptual, metaphysical, normative—between individual agency and modest sociality. In pursuit of these theoretical aims, I propose that a central phenomenon is shared intention. I argue that an adequate understanding of the distinctiveness of the intentions of individuals allows us to provide a construction of attitudes of the participants, and of relevant inter-relations and contexts that constitutes shared intention. I explain how shared intention, so understood, differs from a simple equilibrium within common knowledge. And I briefly contrast my views with aspects of views of John Searle and Margaret Gilbert.

Ways an actualist might be

I discuss Stalnaker’s views on modality. In particular, his views on actualism, anti-essentialism, counterpart theory, and the Barcan formulas.

A Politically Liberal Conception of Civic Education

Liberal political theory is widely believed to be an inadequate source of civic commitment and thus of civic education primarily because of its commitment to what is perceived as a pervasive individualism. In this paper, I explore the possibility that John Rawls’s later political philosophy may provide a response to this belief. I first articulate a conception of liberal politics derived from Rawls’s idea of reflective equilibrium that generates an overlapping consensus about political principles among those who hold a wide variety of cultural and personal conceptions of the good. Next I develop the aims for civic education in a society that employs such a politics. Then I suggest the elements of the public school curriculum appropriate for such a civic education, including a robust multicultural education, intellectual reflection on the society’s history, and philosophical training that enables children to understand the events and policies of their nation as following from general political principles. I also consider the kinds of classroom practice that seem necessary to provide the motivation to engage in the process of the emergence of an overlapping consensus, including opportunities to develop and to reflect on the principles that may be included in the current consensus and to understand the way in which those principles relate to children’s developing conceptions of the good. Finally, I compare this conception of civic education to those of other liberal theorists.

Censure Theory <Emphasis Type="Italic">Still</Emphasis> Best Accounts for Punishment of the Guilty: Reply to Montague

In an article previously published in this journal, Phillip Montague critically surveys and rejects a handful of contemporary attempts to explain why state punishment is morally justified. Among those targeted is one of my defences of the censure theory of punishment, according to which state punishment is justified because the political community has a duty to express disapproval of those guilty of injustice. My defence of censure theory supposes, per argumentum, that there is always some defeasible moral reason for the state to proportionately punish the guilty, and then demonstrates that censure theory best entails and explains this intuition. Montague does not question the intuition, but instead argues that three rival theories of punishment, including his societal-defence view, account for it to no worse a degree than my censure theory. In this article I defend my initial argument, noting resources for its defence that Montague does not appreciate and that, I maintain, provide those who believe that there is always pro tanto injustice in the state failing to proportionately punish the guilty reason to adopt censure theory over all competitors, including Montague’s societal-defence theory.

Lacking <Emphasis Type="Italic">lack</Emphasis>: a reply to Joldersma

First I would like to thank Clarence Joldersma for his review of our Poststructuralism, Philosophy, Pedagogy (Marshall, 2004-PPP). In particular, I would thank him for his opening sentence: “[t]his book is a response to a lack.” It is the notion of a lack, noted again later in his review, which I wish to take up mainly in this response. Rather than defending or elaborating our particular contributions to PPP—the latter would be a great indignity to my colleagues as I would not write over them—I will take the opportunity to develop the theme of a lack, as I believe that Joldersma has raised a very important issue. But first I will respond briefly to some of Joldersma’s general and opening statements about the book, and my philosophical position in particular.

Blair on Rodin: Rejoinder

The article is a brief response to Jacob Blair’s critique of David Rodin’s argument in War and Self-Defense that there are circumstances in which war conceivably could be justified not as self-defence, but as law enforcement or punishment. It argues that while Rodin’s position potentially is less dilemmatic than Blair suggests, Blair nevertheless usefully highlights tensions within it. Blair’s own argument in favour of ar as law-enforcement is suggestive, but in no way conclusive.

Intentionalism and Change Blindness

According to reductive intentionalism, the phenomenal character of a conscious experience is constituted by the experience's intentional (or representational) content. In this article I attempt to show that a phenomenon in visual perception called change blindness poses a problem for this doctrine. Specifically, I argue that phenomenal character is not sensitive, as it should be if reductive intentionalism is correct, to fine-grained variations in content. The standard anti-intentionalist strategy is to adduce putative cases in which phenomenal character varies despite sameness of content. This paper explores an alternative antiintentionalist tack, arguing, by way of a specific example involving change blindness, that content can vary despite sameness of phenomenal character.

A Mencian Version of Limited Democracy

The compatibility between Western democracy and other cultures, and the desirability of democracy, are two important problems in democratic theory. Following an insight from John Rawls’s later philosophy, and using some key passages in Mencius, I will show the compatibility between a ‘thin’ version of liberal democracy and Confucianism. Moreover, elaborating on Mencius’s ideas of the responsibility of government for the physical and moral well-being of the people, the respectability of the government and the ruling elite, and the competence-based limited political participation, I shall explore the Mencian criticisms of some ‘thick’ democratic ideas. Through the discussion in this paper, I hope to show the relevance of Confucianism to contemporary political philosophy and society.

Valuing Knowledge: A Deontological Approach

The fact that we ought to prefer what is comparatively more likely to be good, I argue, does, contrary to consequentialism, not rest on any evaluative facts. It is, in this sense, a deontological requirement. As such it is the basis of our valuing those things which are in accordance with it. We value acting (and believing) well, i.e. we value acting (and believing) as we ought to act (and to believe). In this way, despite the fact that our interest in justification depends on our interest in truth, we value believing with justification on non-instrumental grounds. A deontological understanding of justification, thus, solves the Value of Knowledge Problem.

Causal Powers, Realization, and Mental Causation

Sydney Shoemaker has attempted to save mental causation by a new account of realization. As Brian McLaughlin argues convincingly, the account has to face two major problems. First, realization does not guarantee entailment. So even if mental properties are realized by physical properties, they need not be entailed by them. This is the first, rather general metaphysical problem. A second problem, which relates more directly to mental causation is that Shoemaker must appeal to some kind of proportionality as a constraint on causation in order to avoid redundant mental causation. I argue that, in addition, a “piling problem” arises, since causal powers seem to be bestowed twice. Then, I try to sketch an alternative view of the relation between causal powers and properties—a reductionist view—which fares better on some accounts. But it may have to face another and, perhaps, serious problem, the “problem of the natural unity of properties”. Finally, I will pose a question about the relation between causal powers and causation.

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