Abstract: A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant.This article revisits the concept of deterrence and defend a more plausible deterrence theory of punishment – the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality.
The Semantics of Racial Epithets
Abstract: Racial epithets are derogatory expressions, understood to convey contempt toward their targets. But what do they actually mean, if anything? While the prevailing view is that epithets are to be explained pragmatically, I argue that a careful consideration of the data strongly supports a particular semantic theory. I call this view Combinatorial Externalism. CE holds that epithets express complex properties that are determined by the discriminatory practices and stereotypes of their corresponding racist institutions. Depending on the character of the institution, the complex semantic value can be composed of a variety of components. The account has significant implications on theoretical, as well as, practical dimensions, providing new arguments against radical contextualism, and for the exclusion of certain epithets from First Amendment speech protection
Does the death penalty only deter ‘rational’ people?
Abstract: I argue that the death penalty has only limited deterrent effect. It cannot deter three types of offenders: (1) those who do not fear death; (2) those who are not rational and cannot take into consideration the consequences of their actions; (3) those who are confident that they won’t be caught. Thus, in order to deter potential murderers, we must consider new ways to deter these three types of offenders.
Ideal and Non-ideal Theory and the Problem of Knowledge
Abstract: This article analyses a hitherto neglected problem at the transition from ideal to non‐ideal theory: the problem of knowledge. Ideal theories often make idealising assumptions about the availability of knowledge, for example knowledge of social scientific facts. This can lead to problems when this knowledge turns out not to be available at the non‐ideal level. Knowledge can be unavailable in a number of ways: in principle, for practical reasons, or because there are normative reasons not to use it. This can make it necessary to revise ideal theories, because the principle of ‘ought implies can’ rules out certain theories, at least insofar as they are understood as action‐guiding. I discuss a number of examples and argue that there are two tendencies that will increase the relevance of this problem in the future: the availability of large amounts of sensitive data whose use is problematic from a normative point of view, and the increasing complexity of an interrelated world that makes it harder to predict the effects of institutional changes. To address these issues, philosophers need to cooperate with social scientists and philosophers of the social sciences. Normative theorising can then be understood as one step in a long process that includes thinkers from different disciplines. Ideal theory can respond to many of the charges raised against it if it is understood along these lines and if it takes the problem of knowledge and its implications seriously.
What is public art? Time, place, and meaning
Introduction: Public art is an oxymoron according to the standards of modernist art and aesthetic theory. Modern philosophical aesthetics focuses almost exclusively on subjective experience and a commodified work of art. Art is taken to be the product of an individual and autonomous act of expression, and its appreciation is, likewise, a private act of contemplation. By contrast, as a public phenomenon, art must entail the artist’s self-negation and deference to a collective community. It is interesting to observe that the recognized art of nearly all cultures, including that of the western European tradition prior to the late Renaissance, embraces just such a collective model, indulging the differences among individuals as variant manifestations of a common spirit. The celebrated treasures of Greece and Rome, as well as the Christian works of the Middle Ages and the age of the fresco that succeeded them, do not exalt the private vision of individual artists so much as they bespeak the shared values and convictions of cultural communities, and are accordingly to be found in those edifices and open places where people regularly gather to commemorate those same values and convictions. Privacy was for centuries a privative concept, demarcating the dissociated and limited experience of persons cut off from and below the level of full social humanity.
The potentiality problem
Abstract: Many people face a problem about potentiality: their moral beliefs appear to dictate inconsistent views about the signifcance of the potentiality to become a healthy adult. Briefy, the problem arises as follows. Consider the following two claims. First, both human babies and cats have moral status, but harms to babies matter more, morally, than similar harms to cats. Second, early human embryos lack moral status. It appears that the first claim can only be true if human babies have more moral status than cats. Among the properties that determine moral status, human babies have no properties other than their potentiality that could explain their having more moral status than cats. So human babies’ potentiality to become adult persons must explain their having more moral status than cats. But then potentiality must raise moral status generally. So early human embryos must have some moral status. It appears that the view that must underlie the first claim implies that the second claim is false.
Can we harm and benefit in creating?
Abstract: The non-identity problem concerns actions that affect who exists in the future. If such an action is performed, certain people will exist in the future who would not otherwise have existed: they are not identical to any of the people who would have existed if the action had not been performed. Some of these actions seem to be wrong, and they seem to be wrong in virtue of harming the very future individuals whose existence is dependent on their having been performed. The problem arises when it is argued that the actions do not harm these people – because the actions do not make them worse off than they would otherwise be.1 Consider: Radioactive Waste Policy: We are trying to decide whether to adopt a permissive radioactive waste policy. This policy would be less inconvenient to us than our existing practices. If we enact the newly-proposed policy, then we will cause there to be radioactive pollution that will cause illness and suffering. However, the policy will have such significant effects on public policy and industry functioning, that different people will exist in the future depending on whether we enact the policy. Two things should be emphasized. First, the illness and suffering caused will be very serious: deformed babies, children with burns from acid rain, and adults dying young from cancer. Second, the policy will affect who will exist in the future because our present practices invade people’s everyday lives, for example by affecting recycling practices in the home; these practices will change if the policy is adopted. Furthermore, whether we adopt the policy will determine which plants are built where, what jobs are available, and what trucks are on the road. These effects will create small differences in everyone’s lives which ultimately affect who meets whom and who conceives with whom, or at least when people conceive. This affects who exists in the future.
Creation Ethics: The Moral Status of Early Fetuses and the Ethics of Abortion
Introduction: There has been considerable discussion of the moral status of early fetuses and the ethics of the choice whether to abort a pregnancy. But one tenable view about the moral status of early fetuses has been regularly ignored. As a consequence, a very liberal view about the ethics of abortion is more attractive than has previously been thought. Let us use the term ‘early fetus’ as follows: (1) ‘early fetus’: a fetus before it has any intrinsic properties that themselves confer moral status on the fetus. I assume that there is a nonnegligible period of time in which fetuses are early fetuses in my sense; it may be as short as a few weeks or as long as several months, depending on which intrinsic properties can them- selves confer moral status. One plausible view says that an early fetus is a fetus before it has any conscious experience and before it can properly be described as the subject of experience.
Does moral ignorance exculpate?
Abstract: Non-moral ignorance can exculpate: if Anne spoons cyanide into Bill’s coffee, but thinks she is spooning sugar, then Anne may be blameless for poisoning Bill. Gideon Rosen argues that moral ignorance can also exculpate: if one does not believe that one’s action is wrong, and one has not mismanaged one’s beliefs, then one is blameless for acting wrongly. On his view, many apparently blameworthy actions are blameless. I discuss several objections to Rosen. I then propose an alternative view on which many agents who act wrongly are blameworthy despite believing they are acting morally permissibly, and despite not having mismanaged their moral beliefs.1
Free enrichment or hidden indexicals?
Abstract: A current debate in semantics and pragmatics is whether all contextual effects on truth-conditional content can be traced to logical form, or ‘unarticulated constituents’ can be supplied by the pragmatic process of free enrichment. In this paper, I defend the latter position. The main objection to this view is that free enrichment appears to overgenerate, not predicting where context cannot affect truth conditions, so that a systematic account is unlikely (Stanley, 2002a). I first examine the semantic alternative proposed by Stanley and others, which assumes extensive hidden structure acting as a linguistic trigger for pragmatic processes, so that all truth-conditional effects of context turn out to be instances of saturation. I show that there are cases of optional pragmatic contributions to the proposition expressed that cannot plausibly be accounted for in this way, and that advocates of this approach will therefore also have to appeal to free enrichment. The final section starts to address the question of how free enrichment is constrained: I argue that it involves only local development or adjustment of parts of logical form, any global developments being excluded by the requirement for the proposition expressed to provide an inferential warrant for the intended implications of the utterance.