Samuel J. Kerstein Professor and Chair Department of Philosophy
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Philosophers' Brief
CAPITAL CASE No. 18-6135 In the Supreme Court of the United States ________________ JAMES K. KAHLER, Petitioner, v. STATE OF KANSAS, Respondent. ________________ On Writ of Certiorari to the Supreme Court of Kansas ________________ Brief of Philosophy Professors as Amici Curiae in Support of Petitioner ________________ EUGENE R. FIDELL (Counsel of Record) Feldesman Tucker Leifer Fidell LLP 1129 20th St., N.W., 4th Fl. Washington, DC 20036 (202) 256-8675 [email protected] Counsel for Amici Curiae QUESTION PRESENTED Do the Eighth and Fourteenth Amendments per- mit a State to abolish the insanity defense? i TABLE OF CONTENTS Page Interest of the Amici ................................................. 1 Summary of Argument ............................................. 1 Argument .................................................................. 2 I. THE MENTAL STATE ELEMENTS OF CRIMES ARE INSUFFICIENT FOR RESPONSIBILITY .............................. 2 II. SANITY IS NECESSARY FOR RESPONS- IBILITY AND SO ESSENTIAL TO BOTH THE DETERRENT AND RETRIBUTIVE AIMS OF CRIMINAL PUNISHMENT ........ 6 III.PRINCIPLES OF TOLERATION DO NOT SUPPORT DEFERENCE TO STATES THAT CHOOSE TO PUNISH THE MENTALLY ILL ......................................... 12 Conclusion ............................................................... 14 Appendix (List of Amici Curiae) ............................. 1a iii TABLE OF AUTHORITIES Cases: Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954) .................................................... 14 Ford v. Wainwright, -
Front Matter
Cambridge University Press 978-0-521-51525-2 - Perfecting Virtue: New Essays on Kantian Ethics and Virtue Ethics Edited by Lawrence Jost and Julian Wuerth Frontmatter More information PERFECTING VIRTUE In Western philosophy today, the three leading approaches to normative ethics are those of Kantian ethics, virtue ethics, and utilitarianism. In recent years the debate between Kantian ethicists and virtue ethicists has assumed an especially prominent position. The twelve newly commissioned essays in this volume, by leading scholars in both traditions, explore key aspects of each approach as related to the debate, and identify new common ground but also real and lasting differences between these approaches. The volume provides a rich overview of the continuing debate between two powerful forms of enquiry, and will be valuable for a wide range of students and scholars working in these fields. l aw r ence jost is Professor of Philosophy at the University of Cincinnati. He is the co-editor of Eudaimonia and Well-Being (2003). juli a n w uert h is Associate Professor of Philosophy at Vanderbilt University. He is the author of Kant on Mind, Action, and Ethics (2011). © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-51525-2 - Perfecting Virtue: New Essays on Kantian Ethics and Virtue Ethics Edited by Lawrence Jost and Julian Wuerth Frontmatter More information PERFECTING VIRTUE New Essays on Kantian Ethics and Virtue Ethics edited by LAWRENCE JOST University of Cincinnati JULIAN WUERTH Vanderbilt -
KANT-STUDIEN Philosophische Zeitschrift Der Kant-Gesellschaft
2015!·!BAND 106!· HEFT 1 KANT-STUDIEN Philosophische Zeitschrift der Kant-Gesellschaft HERAUSGEBER Manfred Baum, Wuppertal Bernd Dörflinger, Trier Heiner F. Klemme, Halle UNTER MITWIRKUNG VON H. E. Allison, Sacramento K. Ameriks, Notre Dame/Indiana G. Bird, Manchester R. Brandt, Marburg G. G. Brittan, Bozeman/Montana M. Caimi, Buenos Aires W. Carl, Göttingen K. Düsing, Köln J. Ferrari, Dijon G. Geismann, Berlin V. Gerhardt, Berlin B. Grünewald, Köln P. Guyer, Providence/Rhode Island D. Heidemann, Luxembourg N. Hinske, Trier P. Kitcher, New York P. Kleingeld, Groningen C. La Rocca, Genova K. Mainzer, München R. Meerbote, Rochester H. Oberer, Bonn E. W. Orth, Trier C. Piché, Montreal A. Pinzani, Florianópolis H. Robinson, Memphis P. Rohs, Münster W. Stark, Marburg G. Tomasi, Padova E. Watkins, San Diego A. W. Wood, Bloomington/Indiana Brought to you by | Buchhaltungsservicegesellschaft ver.di mbH Authenticated Download Date | 3/25/15 9:41 AM ABSTRACTED/INDEXED IN Arts and Humanities Citation Index; Current Contents / Arts and Humanities; Dietrich’s Index philosophicus; European Science Foundation; IBR – Internationale Bibliographie der Rezensionen geistes- und sozialwissenschaftlicher Zeitschriftenliteratur; IBZ – Internationale Bibliographie geistes- und sozialwissenschaftlicher Zeitschriftenliteratur; Humanities International Complete; Répertoire bibliographique de la philosophie; The Philosopher’s Index. ISSN 0022-8877 ∙ e-ISSN 1613-1134 Alle Informationen zur Zeitschrift, wie Hinweise für Autoren, Open Access, Bezugsbedingungen und Bestellformulare, sind online zu fnden unter www.degruyter.com/ks. Die Kant-Studien werden in Zusammenarbeit und mit Unterstützung der Kant-Forschungsstelle der Johannes Gutenberg-Universität Mainz herausgegeben. Wir bitten, Manuskripte (zwei Exemplare) und Rezensionsexemplare für die Kant-Studien an die Anschrift der Redaktion zu senden. -
Compassion and Sympathy As Moral Motivation Moral Philosophy Has Long Taken an Interest in the Emotions
Compassion and Sympathy as Moral Motivation Moral philosophy has long taken an interest in the emotions. Ever since Plato’s defense of the primacy of reason as a source of motiva- tion, moral philosophers have debated the proper role of emotion in the character of a good person and in the choice of individual actions. There are striking contrasts that can be drawn among the main tradi- tions in moral philosophy as to the role they assign to the emotions, and to the particular emotions that they evaluate positively and nega- tively. Here are some examples. Utilitarianism is often presented as a the- ory which simply articulates an ideal of sympathy, where the morally right action is the one that would be favored by someone who is equally sympathetic to the pleasure and pains of all sentient beings. And, on another level, utilitarianism tends to evaluate highly actions motivated by sympathy and compassion, and to evaluate negatively actions motivated by malice and spite. Kantianism (or deontology, as it is often called) has a completely different structure and, conse- quently, a different attitude towards the emotions. It conceives of morality as the self-imposed laws of rational agents, and no emotion is thought to be involved in the generation of these laws. It is true that Kant himself does find a special role for the emotion—if that is the right word—of respect for rational agents and for the laws they impose on themselves. But Kant seems to regard respect as a sort of effect within us of our own inscrutable moral freedom, and not as the source of moral legislation. -
The American Philosophical Association PACIFIC DIVISION EIGHTY-EIGHTH ANNUAL MEETING PROGRAM
The American Philosophical Association PACIFIC DIVISION EIGHTY-EIGHTH ANNUAL MEETING PROGRAM WESTIN GASLAMP QUARTER AND U.S. GRANT HOTEL SAN DIEGO, CALIFORNIA APRIL 16 – 20, 2014 : new books for spring HUMOR AND THE GOOD LIFE REPRODUCTION, RACE, IN MODERN PHILOSOPHY AND GENDER IN PHILOSOPHY Shaftesbury, Hamann, Kierkegaard AND THE EARLY LIFE SCIENCES Lydia B. Amir Susanne Lettow, editor (February) (March) PHILOSOPHIZING AD INFINITUM LEO STRAUSS AND THE CRISIS infinite Nature, infinite Philosophy OF RATIONALISM Marcel Conche Another Reason, Another Enlightenment Laurent Ledoux and Corine Pelluchon Herman G. Bonne, translators Robert Howse, translator Foreword by J. Baird Callicott (February) (June) NIHILISM AND METAPHYSICS HABITATIONS OF THE VEIL The Third Voyage Metaphor and the Poetics of Black Being Vittorio Possenti in African American Literature Daniel B. Gallagher, translator Rebecka Rutledge Fisher Foreword by Brian Schroeder (May) (April) THE LAWS OF THE SPIRIT LACan’s etHics and nietzscHe’s A Hegelian Theory of Justice CRITIQUE OF PLATONISM Shannon Hoff Tim Themi (April) (May) AFTER LEO STRAUSS EMPLOTTING VIRTUE New Directions in Platonic A Narrative Approach Political Philosophy to Environmental Virtue Ethics Tucker Landy Brian Treanor (June) (June) LIVING ALTERITIES FEMINIST PHENOMENOLOGY Phenomenology, Embodiment, and Race AND MEDICINE Emily S. Lee, editor Kristin Zeiler and (April) Lisa Folkmarson Käll, editors (April) LUCE IRIGARAY’s PHenomenoLOGY OF FEMININE BEING Please visit our website for information Virpi Lehtinen on our philosophy journals. (June) SPECIAL EVENTS Only registrants are entitled to attend the reception on April 17 at no additional charge. Non-registrants, such as spouses, partners, or family members of meeting attendees, who wish to accompany a registrant to this reception must purchase a $10 guest ticket; guest tickets are available at the reception door as well as in advance at the registration desk. -
December 2001
MARCIA BARON CURRICULUM VITAE January 2020 Department of Philosophy Sycamore Hall 026 Indiana University 1033 E. 3rd St. Bloomington, IN 47405 Education: University of North Carolina Ph.D. (Philosophy) 1982 M.A. (Philosophy) 1978 Oberlin College B.A. with high honors (Majors: Philosophy and Spanish) 1976 Professional Positions: Honorary Professor, University of St. Andrews 2014-2017 Professor, University of St. Andrews 2012-2014 Rudy Professor, Indiana University, Bloomington 2004- Professor, Indiana University, Bloomington 2001- Visiting Scholar, Dartmouth College Summers 2005 and 2007 Visiting Professor, University of Auckland (New Zealand) Summer 1999 Professor, University of Illinois, Urbana-Champaign 1996-2001 Visiting Research Fellow, University of Melbourne (Australia) Summer 1995 Associate Professor, University of Illinois, Urbana-Champaign 1989-96 Visiting Associate Professor, University of Chicago Spring 1990 Visiting Assistant Professor, University of Michigan Spring 1987 Visiting Assistant Professor, Stanford University Spring 1985 Assistant Professor, University of Illinois, Urbana-Champaign 1983-89 Visiting Assistant Professor, UIUC 1982-83 Assistant Professor, Virginia Polytechnic Institute and State University 1982-83 Instructor, Virginia Polytechnic Institute and State University 1981-82 Instructor, Illinois State University Spring 1980 Areas of Specialization: Ethics, Philosophy of Criminal Law Area of Competence: History of Ethics, Political Philosophy, Philosophical Issues in Feminism Academic Awards and Honors: Short-term faculty exchange award from IU with University of Bayreuth for June-July, 2019 Erasmus Program Guest Professorship, University of Pavia, Italy, March 2013 Awarded a year-long NEH fellowship for 2010 Awarded one semester of release time from College Arts and Humanities Institute (CAHI), Indiana University, for Fall 2009 Joseph Rodman Visiting Professorship, University of Western Ontario, October 2005 President, Central Division of the American Philosophical Association, 2002-2003 Vice-President, 2001-2002. -
1 April, 2006 Vita Allen W. Wood Academic Address: Philosophy
April, 2006 Vita Allen W. Wood Academic Address: Philosophy Department, Bldg 90 Stanford University Stanford, CA 94305-2155 Telephone 650-723-2587 Fax 650-723-0985 E-mail: [email protected] Education: B. A., Reed College, 1964; Major: Literature and Philosophy (Thesis: "Nietzsche and Christianity"). M. A., Philosophy, Yale University, 1966. Ph. D., Philosophy, Yale University, 1968 (Thesis: "Kant's Moral Religion"). Academic Employment: Teaching Assistant in Philosophy, Yale University, 1966-1967. Assistant Professor of Philosophy, Cornell University, 1968-1972. Visiting Assistant Professor of Philosophy, University of Michigan, 1973. Associate Professor of Philosophy, Cornell University, 1973-1980. Professor of Philosophy, Cornell University, 1980-1996. Visiting Professor of Philosophy, University of California at San Diego, 1986. Professor of Philosophy, Yale University, 1996-1999 Visiting Professor of Philosophy, Yale University, 1999-2000. Professor of Philosophy, Stanford University, 1999-2001 Ward W. and Priscilla B. Woods Professor, Stanford University, 2001-present. Isaiah Berlin Visiting Professor, Oxford University, 2005 Academic Honors: William F. Stout Scholarship, Reed College, 1960-64 Woodrow Wilson Fellowship, Yale University, 1964 Yale-Wilson Fellowship, Yale University, 1965-66 Woodrow Wilson Dissertation Fellowship, 1967 Sterling Fellowship, 1967 Cornell Society for the Humanities Summer Fellowship, 1970 John Simon Guggenheim Fellowship, 1983 Fulbright Fellowship, 1983 (declined) Alexander von Humboldt Fellowship, 1983 (declined) National Endowment for the Humanities Fellowship, 1992 American Academy of Arts and Sciences, 2002 Publications: 1 Books: Kant's Moral Religion. Ithaca: Cornell University Press,1970. Kant's Rational Theology. Ithaca, Cornell University Press, 1978. Karl Marx. London: Routledge and Kegan Paul, 1981. Hegel's Ethical Thought. New York: Cambridge University Press, 1990. -
Kant on Human Dignity: a Conversation Among Scholars
Kant on Human Dignity: A Conversation among Scholars Author: John Victor Enslin Persistent link: http://hdl.handle.net/2345/3807 This work is posted on eScholarship@BC, Boston College University Libraries. Boston College Electronic Thesis or Dissertation, 2014 Copyright is held by the author, with all rights reserved, unless otherwise noted. Boston College The Graduate School of Arts and Sciences Department of Philosophy KANT ON HUMAN DIGNITY: A CONVERSATION AMONG SCHOLARS a dissertation by JOHN VICTOR ENSLIN, S.J. submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy May 2014 © copyright by JOHN VICTOR ENSLIN, S.J. 2014 Kant on Human Dignity: A Conversation among Scholars John V. Enslin, S.J. Dissertation Director: Prof. Ronald Tacelli, S.J. Abstract This dissertation aims to examine the notion of ‘human dignity’ in Kant by means of a conversation with three Kantian scholars. One cannot understand Kant’s notion of human dignity without placing it in the context of his moral thought. For this reason we look in Chapter One at the philosopher Roger Sullivan. His major work Immanuel Kant’s moral theory includes a highly detailed treatment of human dignity. I shall present an analysis of his understanding within the context of his methodology and his general approach to Kant’s moral philosophy. We look in Chapter Two at Susan Shell’s ‘Kant on Human Dignity.’ In addition to this, we consider Shell’s methodology and some of her work on the early Kant where we find the roots of Kant’s conception of dignity. Chapter Three addresses Oliver Sensen’s novel interpretation of Kant’s use of the term ‘dignity.’ Utilizing the tools of Analytical Philosophy, he enters into dialogue with Kantian interpreters, suggesting that their understanding of dignity in Kant harbours elements at odds with Kant’s thought and that they thus fail to grasp the radical nature of Kant’s notion. -
The International Encyclopedia of Ethics
Dear Contributors to the International Encyclopedia of Ethics, We have now reached an important milestone on the road to completing the International Encyclopedia of Ethics (IEE). We now have authors for all topics! Congratulations to everyone on this achievement, and thanks to you for your participation in this monumental project. Contracts are still in the process of being sent out contributors, but as of now all topics have authors assigned to them. This is by far the biggest and likely most important project I've worked on in my 11 years with Blackwell / Wiley-Blackwell. Attention to the importance of ethics is rapidly on the rise. In a host of professional settings and academic disciplines there are calls for improved awareness of and adherence to ethical standards, and a solid understanding of ethical theory continues to be an increasingly important part of education and professional training. I am very pleased to be involved in the creation of this comprehensive and authoritative resource, and I'm impressed by and grateful to everyone who has committed to bringing this unprecedented project off. We now enter a new phase in the publishing process. Because of the magnitude of this project, the press has to muster the energy of our production, marketing, and sales staffs at least 24 months before the encyclopedia will appear. That requires that we all work within a realistic but firm timetable for submission, review, and revision of entries. Everyone’s effort is required to bring this important work to fruition. So I urge, implore — and even beg — you to deliver your essays on time. -
Virtue Ethics, Kantian Ethics, and the “One Thought Too Many” Objection Marcia Baron
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by St Andrews Research Repository Virtue Ethics, Kantian Ethics, and the “One Thought Too Many” Objection Marcia Baron I. Claims by proponents of virtue ethics that virtue “ethics is a rival to deontological and utilitarian approaches, as interestingly and challeng- ingly different from either as they are from each other,”1 have met with some skepticism. Kantians (and others) have wondered whether virtue ethics and Kantian ethics are as deeply opposed as some virtue ethicists claim, and if not, whether it might be possible to have a Kantian virtue ethics.2 Such reflections were helpful in advancing the debate at a time when virtue ethicists did not provide a very clear picture of just what virtue ethics was, and often presented it primarily in terms of its opposition to Kantian ethics3 and sometimes also to utilitarianism (or, more broadly, consequentialism). The challenges spurred virtue ethicists on to clarify and refine their conception of virtue ethics. In addition, the bar was raised for discussions of Kantian ethics, for as Kantians (myself among them) pointed out various ways in which Kantian ethics seemed to be compatible with virtue ethics4 (seemed, because we couldn’t tell 1 Rosalind Hursthouse, 1999, On Virtue Ethics, Oxford: Oxford University Press, p. 2. 2 The same issue can be raised concerning utilitarianism, but my focus here will be on Kantian ethics. 3 They sometimes spoke instead of “deontological ethics” or “deontology”, apparently intending this to be equivalent to or to include Kantian ethics. -
STEPHEN DARWALL Department of Philosophy, Yale University, P.O
STEPHEN DARWALL Department of Philosophy, Yale University, P.O. Box 208306, New Haven, CT 06520-8306 (203) 432-1672 (office) • (734) 709-8803 (cell) • [email protected] • www.yale.edu/darwall EDUCATION B.A., YALE UNIVERSITY, 1968, magna cum laude, Phi Beta Kappa, Honors in Philosophy Ph.D., UNIVERSITY OF PITTSBURGH, 1972 EMPLOYMENT YALE UNIVERSITY Andrew Downey Orrick Professor, 2008- (Chair, 2013-2017) UNIVERSITY OF MICHIGAN John Dewey Distinguished University Professor Emeritus, 2008- John Dewey Distinguished University Professor, 2007-2008 John Dewey Collegiate Professor, 2000-2007 Professor, 1984- (Chair, 1988-1993, 1999-2002, Associate Chair, 1987-88, Director of Graduate Studies, 1985-86, 95-96) Visiting Associate Professor, 1982 UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Professor, 1983-84 Associate Professor, 1977-83 (Acting Chair, 1981) Assistant Professor, 1972-77 (Assistant Chair, 1976-77) TELLURIDE ASSOCIATION/UNIVERSITY OF MICHIGAN Summer program for academically-talented high school students from across the nation: “J. S. Mill: Ethics, Aesthetics, and Society,” Summer 1998 HONORS, GRANTS, AND AWARDS Fellow, American Academy of Arts and Sciences, 2001- Past President, American Philosophical Association, Central Division, 2004-05 President, American Philosophical Association, Central Division, 2003-04 Vice-President, American Philosophical Association, Central Division, 2002-2003 Stanley Grean Distinguished Visiting Professor of Philosophy, Ohio University, Spring, 2003 Nominee for Vice-President, American Philosophical -
On Autonomy and Self-Binding Charlie Coil University of Arkansas, Fayetteville
University of Arkansas, Fayetteville ScholarWorks@UARK Theses and Dissertations 8-2018 Abandoning the Dream of Omnipotence: On Autonomy and Self-Binding Charlie Coil University of Arkansas, Fayetteville Follow this and additional works at: http://scholarworks.uark.edu/etd Part of the Applied Behavior Analysis Commons, Behavioral Economics Commons, and the Comparative Philosophy Commons Recommended Citation Coil, Charlie, "Abandoning the Dream of Omnipotence: On Autonomy and Self-Binding" (2018). Theses and Dissertations. 2893. http://scholarworks.uark.edu/etd/2893 This Dissertation is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of ScholarWorks@UARK. For more information, please contact [email protected], [email protected]. Abandoning the Dream of Omnipotence: On Autonomy and Self-Binding A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Philosophy by Charles Coil, Jr. University of Arkansas Master of Arts in Philosophy, 2009 August 2018 University of Arkansas This dissertation is approved for recommendation to the Graduate Council. ______________________________ Eric Funkhouser, PhD Dissertation Director ______________________________ ______________________________ Jacob Adler, PhD Tom Senor, PhD Committee Member Committee Member Abstract I offer a prolegomenon to the philosophical study of a uniquely human activity—the self- binding act. This philosophical interest directly connects with the Enlightenment project of centralizing personal autonomy and individual freedom as primary values of personhood. Self- binding represents an easily referenced action that introduces a possible clash between autonomy and freedom on the one hand seen as in conflict with other ancient basic human values like self- control and avoiding akrasia.