Defensive Harm and Measured Aggression

2021 ◽  
pp. 54-77
Author(s):  
Derk Pereboom

Chapter 3 concerns how we might justify effectively dealing with those who pose dangerous threats supposing they do not deserve to be harmed. Wrongly posing a threat, by contrast with deserving harm for posing the threat, is proposed as the core condition for what I call robust liability to defensive killing, a liability that agent A has just in case A poses a threat to agent B as a result of which B and third parties are prima facie morally permitted to intentionally kill A to defend B from that threat. A non-retributive measured aggressive stance appropriately facilitates taking defensive action. Such an emotional stance, if it presupposes only that its target wrongly poses a threat, accords with skepticism about free will, and is also better for those called upon to confront injustice than the alternatives.

Author(s):  
Derk Pereboom

This book provides an account of how we might address wrongdoing given challenges to anger and retribution that arise from ethical considerations and from concerns about free will. It contends that we should dispense with basically deserved pain and harm, and with associated retributive sentiments. Without such desert, how might we understand blame? Blame can be conceived as taking on a non-retributive stance of moral protest, whose function is to secure forward-looking goals such as moral reform and reconciliation. Is it possible to justify effectively dealing with those who pose dangerous threats if they do not deserve to be harmed? Wrongfully posing such a threat, by contrast with deserving harm for posing the threat, is proposed as the core condition for the legitimacy of defensive harming. An account is then provided for addressing criminal behavior without a retributive justification for punishment, one in which the right of self-defense provides justification for measures such as preventative detention. How might we forgive if wrongdoers don’t basically deserve the pain of being resented, which forgiveness would then renounce? Forgiveness might instead be conceived as the renunciation of the stance of moral protest. But how might personal relationships function without retributive anger having a role in responding to wrongdoing? The stance of moral protest, together with non-retributive emotions, is argued to be sufficient. The book closes with a consideration of attitudes regarding the fate of humanity in a deterministic universe replete with wrongdoing, and defends the rationality of a transcendent hope for humanity.


Author(s):  
Olga R. Dietlin ◽  
Jeremy S. Loomis ◽  
Jenny Preffer

Genuineness, or authenticity, has long been established as the core attribute of excellent teachers. To reach their diverse learners, caring educators build genuine connections. Congruence has been described as the core condition for a meaningful learning and restorative growth, along with unconditional positive regard and empathetic understanding. While ample research has been generated on effectiveness in online education, few studies have focused on the notion and transferability of genuineness in the virtual classroom. This chapter presents a review of the interdisciplinary literature on authenticity, explores its link to diversity, and discusses the ways of cultivating authenticity online. It explores how faculty integrate the holistic self into course content, the virtual environment, and student interaction, and concludes with a review of best practices in course design and facilitation that convey authentic care for students online.


2011 ◽  
pp. 108-124
Author(s):  
Bruce Edmonds

Free will is described in terms of the useful properties that it could confer, explaining why it might have been selected for over the course of evolution. These properties are exterior unpredictability, interior rationality, and social accountability. A process is described that might bring it about when deployed in a suitable social context. It is suggested that this process could be of an evolutionary nature—that free will might “evolve” in the brain during development. This mental evolution effectively separates the internal and external contexts, while retaining the coherency between individual’s public accounts of their actions. This is supported by the properties of evolutionary algorithms and possesses the three desired properties. Some objections to the possibility of free will are dealt with by pointing out the prima facie evidence and showing how an assumption that everything must be either deterministic or random can result from an unsupported assumption of universalism.


Company Law ◽  
2020 ◽  
pp. 257-274
Author(s):  
Alan Dignam ◽  
John Lowry

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the legal aspects of transactions made with those outside the company (called outsiders or third parties), with emphasis on how they are determined to be legitimate and binding on the company. It also discusses the ultra vires doctrine and the three particular issues that make it a very tricky problem for the courts; the inclusion of the benefit of the company criterion to the ultra vires issue; the reform of ultra vires; and the application of the general principles of agency in determining whether the company is bound by a particular transaction. The chapter concludes by analysing reforms in the Companies Act 2006 concerning the authority of directors to bind the company or authorise others to do so.


Author(s):  
Alan Dignam ◽  
John Lowry

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the remedies for breach of directors’ duties, and the liability of those who assist a director in the course of a breach of fiduciary duty. Finally, it considers three ways in which a director who is in breach of duty may be relieved from liability.


Author(s):  
Alan Dignam ◽  
John Lowry

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the remedies for breach of directors’ duties, and the liability of those who assist a director in the course of a breach of fiduciary duty. Finally, it considers three ways in which a director who is in breach of duty may be relieved from liability.


2019 ◽  
Vol 8 (10) ◽  
pp. 276
Author(s):  
Peonidis

I argue that under normal circumstances a state that is liberal and secular should not use its legal apparatus to suppress the publication of cartoons like those that triggered the deadly terrorist attack on the premises of Charlie Hebdo in 2015, if it is determined to abide by its core values. These values, which include religious neutrality, religious freedom, and unhindered freedom of criticism, imply that individual citizens are prima facie legally free to express their disapproval of particular religions or religious faith in general, through any non-violent means they consider appropriate, including parody and ridicule. This idea is open to various objections. Those focusing on the protection of religion as such can be easily dismissed, but the charge that defamation of religion causes offence to believers has to be taken seriously. Nevertheless, I defend the view that we need something stronger than taking offense to justifiably ban harsh religious criticism. In particular, I argue that, if the above sort of criticism prevents its recipients from exercising their basic rights or it incites third parties to engage in criminal activities against the above individuals, it should be subject to legal sanctions. However, this is not the case with the cartoons that appeared in Charlie Hebdo, since, as far as I can tell, no basic rights of French Muslims were violated, and no violent actions were committed against them as a result of their publication.


2017 ◽  
Vol 72. (3.) ◽  
pp. 316-316
Author(s):  
Tadija Milikić

The article strives to contribute to our grasp of Ockham’s concept of free will, notably from the perspective of the Belgian moral theologian Servais Pinckaers and his historical research in the field of Catholic morality. The first section of the article gives a brief insight into the historical context of Ockham’s moral–theological thought, while the remaining two sections which comprise the central part of the article, highlight the dismantling of the classic and the construction of a new moral system. Explained therein is the way in which Ockham’s voluntaristic concept of free will enables us to grasp moral obligation as the core and most crucial of moral issues, which determines the very essence of morality, and provides us with an understanding of moral reality in its entirety, that is, as a whole and also in its integral elements.


Author(s):  
Anna Rantasila ◽  
Heli Väätäjä ◽  
Joel Kiskola ◽  
Thomas Olsson ◽  
Aleksi Syrjämäki ◽  
...  

Online news comments are intended to cultivate an interdependent relationship between news organizations and their audiences. However, uncivil online comments have become a persistent problem that requires constant intervention through moderation. In this paper, to better understand these interventions, we analyze interviews of eleven managers of online comments of large Finnish news organizations. By exploring the views of journalistic managers of moderation, this study contributes new insights to the discussion about online content moderation, as previous research has focused more on social media platforms and moderators. Our results suggest that the managers have a complex relationship with comments. They would like to see more engaging comments but were also frustrated with the continuous need to moderate the comments. The managers also expressed concern that uncivil comments keep more constructive commenters from participating, thus harming the audience relationship. Organizations tend to outsource moderation to third parties or automated moderation, as moderation is often seen as time-consuming and outside of the core work of journalists. However, the managers were not satisfied with outsourced or automated moderation, mainly because of a lack in contextual knowledge, as also noted in previous research. Reflecting previous literature, our results suggest that some aspects of uncivil commenting may require alternative approaches to moderation altogether. For example, some managers suggested replacing comments with other means of interaction. To address the inherent contradictions in online news comment moderation, we advocate a view that focuses on cultivating and rewarding civil comments instead of deleting and punishing for uncivil comments.


Author(s):  
Samir Okasha

Philosophy of Biology: A Very Short Introduction outlines the core issues with which contemporary philosophers of biology grapple. Over the last forty years the philosophy of biology has emerged as an important sub-discipline of the philosophy of science. Addressing difficult conceptual issues that arise within the biological sciences, it also encompasses areas where biology has impinged on traditional philosophical questions, such as free-will, essentialism, and nature vs nurture. The book also explores topics such as the logic of Darwinian evolution; the concepts of function and design; the nature of species; and the debate over adaptationism.


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