1 SARAH BUSS Department of Philosophy University of Michigan
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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 -
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. -
STEPHANIE LEARY CURRICULUM VITAE DEPARTMENT of PHILOSOPHY MCGILL UNIVERSITY Leacock Building, Room 942 855 Sherbrooke Street West Montreal, Quebec H3A 2T7
STEPHANIE LEARY CURRICULUM VITAE DEPARTMENT OF PHILOSOPHY MCGILL UNIVERSITY Leacock Building, Room 942 855 Sherbrooke Street West Montreal, Quebec H3A 2T7 www.stephanie-leary.com [email protected] AREAS OF SPECIALIZATION Metaethics, Metaphysics AREAS OF COMPETENCE Normative Ethics, Epistemology, Philosophy of Language, Moral Psychology EDUCATION Rutgers University, New Brunswick, NJ 2010-2016 Ph.D. Philosophy (October 2016) Dissertation Title: On the Grounds of Normativity University of Washington, Seattle, WA 2006-2009 B.A. Philosophy with honors, Magna Cum Laude Arizona State University, Tempe, AZ 2004-2005 EMPLOYMENT Assistant Professor August 2018- McGill University present Oscar R. Ewing Visiting Assistant Professor 2016 – 2018 Indiana University, Bloomington TEACHING INDIANA UNIVERSITY, BLOOMINGTON Phil 740: Graduate Seminar in Metaethics Spring 2018 Phil 140: Moral Theory and Contemporary Issues F2017/S2018 Phil 140: Morality and Reality: An Intro to Ethics Spring 2017 Hon 237: Honors Law and Society: Current Moral Fall 2016 and Social Issues RUTGERS UNIVERSITY Phil 108: Introduction to Ethics (partially online) Summer 2015 Phil 215: Introduction to Metaphysics Fall 2013 Phil 103: Introduction to Philosophy Summer 2013 T.A. for Holly Smith's Phil 108: Introduction to Ethics Spring 2013 T.A. for Martin Lin’s Phil 104: Introduction to Philosophy Fall 2012 Last updated 6/7/2018 1 PUBLICATIONS “Non-naturalism and Normative Necessities” (2017) Oxford Studies in Metaethics, 12: 76-105. “In Defense of Practical Reasons for Belief” (2017) Australasian Journal of Philosophy 95(3): 529-542. “Defending Internalists from Acquired Sociopaths” (2017) Philosophical Psychology 30 (7):878-895. “Choosing Normative Properties: A Reply to Eklund’s Choosing Normative Concepts” forthcoming in Inquiry “Grounding and Normativity” forthcoming in Michael Raven (ed.), Routledge Handbook for Metaphysical Grounding PRESENTATIONS “What is Moorean Non-naturalism?” Feb 2018 (*=refereed) Central APA Symposium on Metaphysics and Normativity “Grounding the Domains of Reasons” 1. -
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. -
RUTH CHANG Department of Philosophy Rutgers University 1 Seminary Place New Brunswick, NJ 08901 Email: [email protected] Tel: 732 932 9861 Fax: 732 932 8617
1 RUTH CHANG Department of Philosophy Rutgers University 1 Seminary Place New Brunswick, NJ 08901 Email: [email protected] Tel: 732 932 9861 Fax: 732 932 8617 CURRENT EMPLOYMENT Associate Professor (with tenure) Philosophy Department RUTGERS UNIVERSITY, New Brunswick, New Jersey EDUCATION UNIVERSITY OF OXFORD, Balliol College, Oxford, England D.Phil., Philosophy, Junior Research Fellow HARVARD LAW SCHOOL, Cambridge, Massachusetts J.D., cum laude DARTMOUTH COLLEGE, Hanover, New Hampshire A.B., summa cum laude ACADEMIC POSITIONS Associate Professor of Philosophy (with tenure), RUTGERS UNIVERSITY, New Brunswick, New Jersey, 2004- Assistant Professor, Philosophy Department, RUTGERS UNIVERSITY, New Brunswick, New Jersey, 1998-2004 Assistant Professor, RUTGERS UNIVERSITY LAW SCHOOL, Camden, New Jersey (half-time with philosophy 1997-98) Visiting Assistant Professor, UNIVERSITY OF CHICAGO LAW SCHOOL, Chicago, Illinois, 1995-96 Visiting Assistant Professor, UNIVERSITY OF CALIFORNIA, Philosophy Department, Los Angeles, California, 1993-94 Junior Research Fellow, BALLIOL COLLEGE, Oxford University, Oxford, England, 1991-96 Lecturer in Philosophy, WORCESTER COLLEGE, Oxford University, Oxford, England, 1990-91 Lecturer in Philosophy, MAGDALEN COLLEGE, Oxford University, Oxford, England, 1990 2 PUBLICATIONS (i) Book: Making Comparisons Count (New York: Routledge, 2001), Studies in Ethics, series editor, Robert Nozick, 187pp. Also published in digital form at the Oxford University Research Archive (ORA) (http://ora.ox.ac.uk/). (ii) Edited Book: Incommensurability, Incomparability and Practical Reason (Cambridge: Harvard University Press, 1997) (iii) Articles and work in progress: 22. ‘Normativity’, Symposium on Raz’s From Normativity to Responsibility, ed., David Enoch, Jerusalem Legal Studies, ms 21. ‘In Defense of Weighing Reasons’, eds., Barry McGuire and Errol Lord, Weighing Reasons, Oxford University Press, ms 20. -
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. -
2021 APA Eastern Division Meeting Program
The American Philosophical Association EASTERN DIVISION ONE HUNDRED SEVENTEENTH ANNUAL MEETING PROGRAM VIRTUAL MEETING JANUARY 7 – 9, 2021 AND JANUARY 14 – 16, 2021 Use Coupon Code ZAPE21 to Save 30% (PB)/50% (HC) THROUGH FEBRUARY 16, 2021 ORDER ONLINE AT WWW.SUNYPRESS.EDU Critique in German Philosophy The Aesthetic Clinic From Kant to Critical Theory Feminine Sublimation in Contemporary María del Rosario Acosta López and Writing, Psychoanalysis, and Art J. Colin McQuillan, editors Fernanda Negrete The Primary Way The Disintegration of Community Philosophy of Yijing On Jorge Portilla’s Social and Political Chung-ying Cheng Philosophy, With Translations Foreword by Robert Cummings Neville of Selected Essays Carlos Alberto Sánchez and Jouissance Francisco Gallegos, editors A Lacanian Concept Néstor A. Braunstein Endangered Excellence Translation and Introduction by On the Political Philosophy of Aristotle Silvia Rosman Pierre Pellegrin Translated by Anthony Preus Epistemic Responsibility Lorraine Code A World Not Made for Us Topics in Critical Environmental Philosophy Manufactured Uncertainty Keith R. Peterson Implications for Climate Change Skepticism Recovering the Liberal Spirit Lorraine Code Nietzsche, Individuality, and Spiritual Freedom On Metaphysical Necessity Steven F. Pittz Essays on God, the World, Morality, and Democracy Adult Life Franklin I. Gamwell Aging, Responsibility, and the Pursuit of Happiness Carl Schmitt between John Russon Technological Rationality and Theology Modernity as Exception The Position and Meaning and Miracle -
Ethics at Harvard 1987–2007 Edmond J
Designed by Ciano Design Photography by Harvard News Office, Carol Maglitta, Stu Rosner and Martha Stewart Printed by Kirkwood Printing Ethics at Harvard 1987–2007 Edmond J. Safra Foundation Center for Ethics Designed by Ciano Design Photography by Harvard News Office, Carol Maglitta, Stu Rosner and Martha Stewart Printed by Kirkwood Printing Ethics at Harvard 1987–2007 Edmond J. Safra Foundation Center for Ethics Ethics at Harvard 1987–2007 Edmond J. Safra Foundation Center for Ethics Dennis F. Thompson University Faculty Committee Christine M. Korsgaard Director Arthur I. Applbaum Philosophy Arthur I. Applbaum Government-KSG Lisa Lehmann Director of Graduate Fellowships Joseph L. Badaracco, Jr. Medicine Jane Mansbridge Staff Business Martha Minow Government-KSG Jean McVeigh Law Frank Michelman Administrative Director Michael J. Sandel Law Shelly Coulter Government Mark H. Moore Financial Consultant Thomas M. Scanlon Government-KSG Stephanie Dant Philosophy Lynn Sharp Paine Assistant to the Director Dennis F. Thompson Business Erica Jaffe Government Thomas R. Piper Assistant to Professor Applbaum Robert D. Truog Business Melissa Towne Medicine Mathias Risse Staff and Research Assistant Government-KSG Kimberly Tseko Faculty Associates Marc J. Roberts Publications and Derek Bok Special Events Coordinator Public Health Interim President Nancy Rosenblum Allan M. Brandt Government Deborah E. Blagg History of Science James Sabin Dan W. Brock Writer, Ethics at Harvard 1987-2007 Medicine Medicine Elaine Scarry Alfred D. Chandler, Jr. English Business Frederick Schauer Norman Daniels Government-KSG Public Health Amartya Sen Leon Eisenberg Economics and Philosophy Medicine Tommie Shelby Catherine Z. Elgin Philosophy and African Education American Studies Einer R. Elhauge Carol Steiker Law Law Richard H. -
Ruth Chang [email protected] Ruthchang.Net
RUTH CHANG [email protected] RUTHCHANG.NET ACADEMIC POSITIONS Chair and Professor of Jurisprudence Professorial Fellow, University College 2019- UNIVERSITY OF OXFORD Oxford, UK Professor of Philosophy 2014-19 RUTGERS UNIVERSITY New Brunswick, NJ Visiting Professor 2014 NYU ABU DHABI UNIVERSITY Abu Dhabi, UAE Visiting Research Professor, Research School of the Social Sciences 2010 AUSTRALIAN NATIONAL UNIVERSITY Canberra, Australia Associate Professor 2004-14 RUTGERS UNIVERSITY New Brunswick, NJ Assistant Professor, Philosophy Department 1998-04 RUTGERS UNIVERSITY (1/2 Law, Camden 1997-98) New Brunswick, NJ Visiting Assistant Professor 1994-95 UNIVERSITY OF CHICAGO LAW SCHOOL Chicago, IL Visiting Assistant Professor 1993-94 UNIVERSITY OF CALIFORNIA Los Angeles, CA Junior Research Fellow, Balliol College 1991-93, 1995-96 UNIVERSITY OF OXFORD Oxford, UK Lecturer in Philosophy, Worcester College 1990-91 UNIVERSITY OF OXFORD Oxford, UK Lecturer in Philosophy, Magdalen College 1990 UNIVERSITY OF OXFORD Oxford, UK EDUCATION UNIVERSITY OF OXFORD D.Phil., Philosophy, 1998 Balliol College, Oxford, UK Junior Research Fellow P.O Box 81 University College New York, NY 10013 Oxford OX1 4BH United States United Kingdom HARVARD LAW SCHOOL J.D., cum laude, 1988 Cambridge, Massachusetts DARTMOUTH COLLEGE A.B., summa cum laude, Philosophy, 1985 Hanover, New Hampshire PUBLICATIONS Books § Making Comparisons Count (2001), New York: Routledge, Studies in Ethics, series ed. Robert Nozick, 187 pp. Also published digitally at the Oxford University Research Archive (ORA) (http://ora.ox.ac.uk/). § Incommensurability, Incomparability and Practical Reason (1997), editor, with an introduction, Cambridge: Harvard University Press. § Come Prendere Decisioni Difficili (2019), Rome: Castelvecchi. (In Italian). (Based on article, ‘Hard Choices’. -
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.