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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, -
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. -
Samuel J. Kerstein Professor and Chair Department of Philosophy
Samuel J. Kerstein Professor and Chair Department of Philosophy University of Maryland 1106 Skinner Building 4300 Chapel Lane College Park, Maryland 20742 [email protected] 301-405-3119 http://www.philosophy.umd.edu/Faculty/SKerstein/ updated August 2020 EDUCATION 1988-1995 Columbia University, Department of Philosophy. Ph.D. Awarded with Distinction, 1995. M.Phil., 1991; M.A., 1990. Dissertation: Action, Hedonism, and Practical Law: An Essay on Kant. Supervised by Professor Thomas Pogge. 1987-88 Ecole des Hautes Etudes en Sciences Sociales (Paris). D.E.A. (Diplôme d'études approfondies), 1988. Thesis: “Le langage et la ‘construction’ du monde empirique dans la Philosophie des Formes Symboliques de Ernst Cassirer.” Advisor: L. Marin. 1983-87 Wesleyan University, (Middletown, Connecticut). B.A., 1987. Graduated Phi Beta Kappa with High Honors. AREAS OF SPECIALIZATION bioethics; ethics; Kant AREA OF COMPETENCE political philosophy PUBLICATIONS Books: How to Treat Persons (Oxford: Oxford University Press), 2013. Kant’s Search for the Supreme Principle of Morality (Cambridge: Cambridge University Press, 2002) (paper, 2005) Articles: “A Lack of Respect in Bioethics,” in Respect, Richard Dean and Oliver Sensen ed. (Oxford: Oxford University Press), invited and under review. “Hastening Death and Respect for Dignity: Kantianism at the End of Life,” Bioethics 33 2019: 591-600. “Treating Persons as Means,” The Stanford Encyclopedia of Philosophy (Summer 2019 Edition), Edward N. Zalta (ed.), URL = https://plato.stanford.edu/archives/sum2019/entries/persons-means/. “The Badness of Death for Us, the Worth in Us, and Priorities in Saving Lives,” in Saving People from the Harm of Death, Espen Gamlund & Carl Tollef Solberg ed. -
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. -
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. -
On Acting from Duty
ON ACTING FROM DUTY An Undergraduate Research Scholars Thesis by JORDAN MICHAEL FOSSEE Submitted to Honors and Undergraduate Research Texas A&M University in partial fulfillment of the requirements for the designation as an UNDERGRADUATE RESEARCH SCHOLAR Approved by Research Advisor: Dr. Linda Radzik May 2014 Major: Philosophy TABLE OF CONTENTS Page ABSTRACT .....................................................................................................................1 ACKNOWLEDGMENTS ...............................................................................................2 CHAPTER I. INTRODUCTION .........................................................................................3 Kant’s Concept of Duty .................................................................................3 II. THE ISSUE ....................................................................................................6 Stocker’s Implications for Acting from Duty ...............................................6 III. RESPONSES .................................................................................................11 Hursthouse and Virtue Ethics ........................................................................11 Baron’s Reply to Stocker ...............................................................................19 Herman and the Kantian Perspective .............................................................26 IV. CONCLUSION ..............................................................................................32 -
Master Reading List
MPL Master List (1) Common history Plato, Republic, Book I, 327a-354c; Book II, 357a-367e; Book IV 427d-445e; Book IX 576b- 592b. Plato, Protagoras, 309a-314c, 328d-333c, 349b-362a. Aristotle, Nicomachean Ethics, Books I, II, III.1-5, V, VII. Aristotle, Politics, Books I, II, III.6-9, 16. Thomas Aquinas, Summa Theologica, I-II, QQ. 90-97; II-II, Q. 57. A1-4; Q. 58, A.1-12. Thomas Hobbes, Leviathan, Chapters 6, 10-21, 26-29. John Locke, Second Treatise of Government John Locke, Letter Concerning Toleration Joseph Butler, Fifteen Sermons Preached at Rolls Chapel, Sermons 1-3, 11-12. Joseph Butler, A Dissertation of the Nature of Virtue J.J. Rousseau, The Social Contract David Hume, A Treatise of Human Nature, 1.1.1-4; 1.3.1-2,14; 2.1.1-6; 2.3.1-4; 3.1.1-2; 3.2.1-6; 3.3.1. David Hume, An Enquiry Concerning the Principles of Morals David Hume, “Of the Original Contract” Immanuel Kant, Groundwork for the Metaphysics of Morals, Chapters 1 and 2. Immanuel Kant, “On the Common Saying: That May be Correct in Theory but it is of No Use in Practice,” Part II. Immanuel Kant, “On a Supposed Right to Lie from Philanthropy.” Mary Wollstonecraft, A Vindication of the Rights of Women Jeremy Bentham, The Principles of Morals and Legislation, Chapters 1 and 13. John Austin, Lectures on Jurisprudence, Lectures V and VI. J.S. Mill, On Liberty, Chapters 1 and 2. J.S. Mill, The Subjection of Women J.S. -
1 SARAH BUSS Department of Philosophy University of Michigan
SARAH BUSS Department of Philosophy University of Michigan Ann Arbor, MI 48109 [email protected] EDUCATIONAL AND PROFESSIONAL HISTORY 1. Higher Education: Yale University, New Haven, CT PhD in Philosophy, 1989 Yale University, New Haven, CT BA in Philosophy, Summa Cum Laude, Distinction in the Major, 1981 2. Professional Positions: Professor, Department of Philosophy, University of Michigan, 2013- Associate Professor, Department of Philosophy, University of Michigan, 2007- 2013 Associate Professor, Department of Philosophy, The University of Iowa, 2007 Assistant Professor, Department of Philosophy, The University of Iowa, 1999- 2006 Visiting Assistant Professor, Department of Philosophy, The University of Iowa, 1997-1999 Assistant Professor, Department of Philosophy, Princeton University, 1989-97 3. Fellowships and Awards: Michigan Humanities Award (for academic year, 2014-15) John Dewey Award, LSA, University of Michigan in recognition of undergraduate teaching Mellon Fellowship, Dissertation Support, Woodrow Wilson Foundation, 1988-89 Prize Teaching Fellowship, Yale, 1987-88 Mary E. Ives Fellowship, for superior academic performance, Yale, 1986-87 Isabella and George Duncan Fellowship, for superior academic performance, Yale, 1985-86 Mary Cady Tew Prize, for scholastic excellence, Yale, 1984 Mellon Fellowship in the Humanities, 1983-86 Phi Beta Kappa, 1979 SCHOLARSHIP 1. Articles and Books: “Some Reflections on the Relation Between Reason and the Will,” in Routledge Handbook on Practical Reason, ed. by Ruth Chang and Kurt Sylvan, forthcoming -
APA Pacific Division 2018 Meeting Program
The American Philosophical Association PACIFIC DIVISION NINETY-SECOND ANNUAL MEETING PROGRAM WESTIN SAN DIEGO GASLAMP QUARTER SAN DIEGO, CALIFORNIA MARCH 28 – 31, 2018 new books LESSING AND THE ENLIGHTENMENT His Philosophy of Religion and Its Mention coupon code APAP18 and receive a 20% discount on all pb & Relation to Eighteenth- a 40% discount on all hc only Offer good until 5/1/18 Order online: Century Thought www.sunypress.edu Or by phone: 877.204.6073 or 703.661.1575 Henry E. Allison STATEMENT CONFUCIANISM THE EXPERIENCE ON THE TRUE AND AMERICAN OF TRUTH RELATIONSHIP OF PHILOSOPHY Gaetano Chiurazzi THE PHILOSOPHY Mathew A. Foust Translated by OF NATURE TO THE Robert T. Valgenti REVISED FICHTEAN UNDERSTANDING DOCTRINE THE ANALECTS THE METAPHYSICS An Elucidation OF CONFUCIUS OF THE of the Former A New Translation of PYTHAGOREAN F. W. J. Schelling Lunyu with Annotations THEOREM Translated and with an Peimin Ni Thales, Pythagoras, Introduction by Dale E. Snow Engineering, Diagrams, PLATO’S STATESMAN and the Construction IMAGINATION, Dialectic, Myth, and Politics of the Cosmos MUSIC, AND John Sallis, editor out of Right Triangles THE EMOTIONS Robert Hahn A Philosophical Study SELF-REALIZATION Saam Trivedi THROUGH NEW FORMS CONFUCIAN OF REVOLT new in paperback LEARNING Essays on Kristeva’s A Contemporary Recon- Intimate Politics ZHUANGZI’S struction of Xunzi’s Ethics Sarah K. Hansen and CRITIQUE OF Siufu Tang Rebecca Tuvel, editors THE CONFUCIANS Blinded by the Human POETIC FRAGMENTS ESSAYS ON THE Kim-chong Chong Karoline von Günderrode FOUNDATIONS Translated and with OF ETHICS WHITEHEAD’S Introductory Essays by C. I. Lewis RELIGIOUS Anna C. -
Maxims in Kant's Moral Philosophy
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Faculty Publications - Department of Philosophy Philosophy, Department of 7-1994 Maxims in Kant's Moral Philosophy Nelson T. Potter Jr. University of Nebraska - Lincoln, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/philosfacpub Part of the Continental Philosophy Commons, and the Ethics and Political Philosophy Commons Potter, Nelson T. Jr., "Maxims in Kant's Moral Philosophy" (1994). Faculty Publications - Department of Philosophy. 13. https://digitalcommons.unl.edu/philosfacpub/13 This Article is brought to you for free and open access by the Philosophy, Department of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Faculty Publications - Department of Philosophy by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Potter in Philosophia (July 1994) 23(1-4): 59-90. Copyright 1994, Bar-Ilan University. Used by permission. MAXIMS IN KANT'S MORAL PHILOSOPHY NELSON POTIER It has been noticed in the English-language literature concerning Kant's ethics, at least since Marcus Singer's extended discussion in later chapters of Generalization in Ethics! that the concept of a maxim plays a central role in the application of the categorical imperative, and that it is, for that reason, if not for others, worth detailed attention. In the present essay I wish to consider the Kantian concept ofmaxim in a broader context. The present paper builds its interpretation