Bill Wringe

This chapter applies insights from the expressive theory of punishment to the case of the punishment of war criminals by international tribunals. Wringe argues that although such cases are not paradigmatic cases of punishment, the denunciatory account can still cast light on them. He argues that war criminals can be seen as members of an international community for which international tribunals can act as a spokesperson. He also argues that in justifying the punishment lof war criminals we should pay especial attention to the expressive function of the trial.

Ambivalence—where we experience two conflicting emotional responses to the same object, person or state of affairs—is sometimes thought to pose a problem for cognitive theories of emotion. Drawing on the ideas of the Stoic Chrysippus, I argue that a cognitivist can account for ambivalence without retreating from the view that emotions involve fully-fledged evaluative judgments. It is central to the account I offer that emotions involve two kinds of judgment: one about the object of emotion, and one about the subject's response.

When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one relatively minor respect, Strauss-Kahn’s defenders were correct. They were correct to argue that the parading of Strauss-Kahn before the press, in handcuffs - the so-called perp walk - constituted a form of punishment; and thus that it contravened the principle that criminal punishments should only be administered after a fair trial. So-called ‘expressive’ theorists of punishment hold that a form of harsh treatment can only constitute a form of punishment if it has an expressive role. Within the expressive family, we can distinguish between views on which the primary target of the communication to be the society of which either offender, or victim, or both are members—what I call ‘Denunciatory Views’, and views which take the principle target of penal communication to be the offender—such as Antony Duff’s Communicative View. I shall argue that on both a minimal account of punishment and on either kind of expressive view, ‘perp walks’ are a form of punishment

n this paper, I examine the charge that Gopnik and Meltzoff’s ‘Child as Scientist’ program, outlined and defended in their 1997 book Words, Thoughts and Theories is vitiated by a form of ‘cognitive individualism’ about science. Although this charge has often been leveled at Gopnik and Meltzoff’s work, it has rarely been developed in any detail. I suggest that we should distinguish between two forms of cognitive individualism which I refer to as ‘ontic’ and ‘epistemic’ cognitive individualism (OCI and ECI respectively). I then argue - contra Ronald Giere – that Gopnik and Meltzoff’s commitment to OCI is relatively unproblematic, since it is an easily detachable part of their view. By contrast, and despite their explicit discussion of the issue, their commitment to ECI is much more problematic.

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall argue that there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role.

Recent philosophical discussions of our capacity to attribute mental states to other human beings, and to produce accurate predictions and informative explanations of their behavior which make reference to the content of those states have focused on two apparently contrasting ways in which we might hope to account for these abilities. The first is that of regarding our competence as being under-girded by our grasp of a tacit psychological theory. The second builds on the idea that in trying to get a grip on the mental lives of others we might be able to draw on the fact that we are ourselves subjects of mental states in order to simulate their mental processes. Call these the theory view and the simulation view. In this paper I wish to discuss an argument—which I shall call Collapse—to the effect that if our capacities can be explained in the way that the simulationist supposes then they can also be explained along lines that the advocate of the theory view favours. I am not the first person with simulationist sympathies to have addressed this argument. However, my response is somewhat less concessive than others in the literature: while they attempt to soften its force by attempting to reformulate the simulationist view in a way that evades the conclusion of the argument, I attempt to meet it head on and to show that it does not even succeed in refuting the version of simulationism which it takes as its target.

Many authors hold that collectives, as well as individuals can be the subjects of obligations. Typically these authors have focussed on the obligations of highly structured groups, and of small, informal groups. One might wonder, however, whether there could also be collective obligations which fall on everyone – what I shall call ' global collective obligations '. One reason for thinking that this is not possible has to do with considerations about agency : it seems as though an entity can only be the subject of obligations if it is an agent. In this paper, I try to show that the argument from agency is not a good reason for being sceptical about the existence of global collective obligations : it derives whatever plausibility it has from the idea that claims about obligation need to be addressable to some agent. My suggestion is that we should accept this principle about the addressability of obligations, but deny that the addressee of an obligation need be the subject of that obligation. The collective obligations of unstructured collections of individuals, including global collective obligations, meet the addressability requirement insofar as they require something of the individuals who make up the collective

Many Epicurean arguments for the claim that death is nothing to us depend on the ‘Experience Constraint’: the claim that something can only be good or bad for us if we experience it. However, Epicurus’ commitment to the Experience Constraint makes his attitude to will-writing puzzling. How can someone who accepts the Experience Constraint be motivated to bring about post mortem outcomes?We might think that an Epicurean will-writer could be pleased by the thought of his/her loved ones being provided for after his/her death. Warren has argued that this does not dissolve the puzzle, since it involves a hope which the Epicurean should take to be empty just as the fear of death is empty. However, if it is a necessary condition of an emotion’s being empty that it involve accepting a claim which is not only false but also harmful it is not clear that this hope is indeed ‘empty’: there is a crucial disanalogy between fearing death and hoping for the prosperity of one’s children here. And if emptiness does...

In this paper I argue that the work of the unorthodox Stoic Posidonius - as reported to us by Galen - can be seen as making an interesting contribution to contemporary debates about the nature of emotion. Richard Sorabji has already argued that Posidonius' contribution highlights the weaknesses in some well-known contemporary forms of cognitivism. Here I argue that Posidonius might be seen as advocating a theory of the emotions which sees them as being, in at least some cases, two-level intentional phenomena. One level involves judgments, just as the orthodox Stoic account does. But Posidonius thinks that emotions must also include an element sometimes translated as an "irrational tug". I suggest that we see the "irrational tug" as involving a second level of intentional, but non-conceptual representation. This view satisfies two desiderata: it is a view which would have been available to Posidonius and which is compatible with the views reported to us; and it is a view which is independently attractive. It also makes Posidonius' position less far removed from that of orthodox Stoics than it might otherwise do, while remaining genuinely innovative.

In a paper published in 2006, I argued that the best way of defending something like our current practices of punishing war criminals would be to base the justification of this practice on an expressive theory of punishment. I considered two forms that such a justification could take—a ‘denunciatory’ account, on which the purpose of punishment is supposed to communicate a commitment to certain kinds of standard to individuals other than the criminal and a ‘communicative’ account, on which the purpose of the punishment is to communicate with the perpetrator, and argued for a denunciatory account which I developed at some length. In this paper I would like to reconsider the plausibility of a communicative account. One difficulty that such accounts face is that the punishment of war criminals often involves the inflicting of harsh treatment on them by individuals who are members of states other than their own. On a communicative account this is problematic: on such an account—or at least on the version of it proposed by Duff (2000)—it is essential that those who are punish and those who punish them belong to a single community. When this requirement is not satisfied harsh treatment does not constitute punishment. Duff has argued that the problem can be solved by regarding all human beings as members of a single moral community: here I argue that this suggestion is unsatisfactory and propose an alternative. One consequence of my account is that if it is correct there may limitations on the range of kinds of war criminal that can legitimately be punished by international tribunals.

Saul Smilansky holds that there is a widespread intuition to the effect that pre-punishment – the practice of punishing individuals for crimes which they have not committed, but which we are in a position to know that they are going to commit – is morally objectionable. Smilanksy has argued that this intuition can be explained by our recognition of the importance of respecting the autonomy of potential criminals. (Smilansky, 1994) More recently he has suggested that this account of the intuition only vindicates it if determinism is false, and argues that this presents a problem for compatibilists, who, he says, are committed to thinking that the truth of determinism makes no moral difference (Smilansky, 2007).In this paper I argue that the intuitions Smilansky refers to can be explained and vindicated as consequences of the truth of a communicative conception of punishment. Since the viability of the communicative conception does not depend on the falsity of determinism, our intuitions about pre-punishment do not clash with (what Smilanksy calls) compatibilism. And if the communicative theory of punishment is – as Duff (2001) suggests – a form of retributivism, the account also meets New's (1992) challenge to retributivists to explain what is wrong with pre-punishment

It has often been argued, by philosophers and more recently by developmental psychologists, that our common-sense conception of the mind should be regarded as a scientific theory. However, those who advance this view rarely say much about what they take a scientific theory to be. In this paper, I look at one specific proposal as to how we should interpret the theory view of folk psychology--namely, by seeing it as having a structure analogous to that of a Lakatosian research program. I argue that although the Lakatosian model may seem promising--particularly to those who are interested in studying the development of children's understanding of the mind--the analogy between Lakatosian research programs and folk psychology cannot be made good because folk psychology does not possess anything analogous to the positive heuristic of a Lakatosian research program. I also argue that Lakatos' account of theories may not be the best one for developmental psychologists to adopt because of the emphasis which Lakatos places on the social embeddedness of scientific theorising

There is a common intuition that genocide is qualitatively distinct from, and much worse than, mass murder. If we concentrate on the most obvious differences between genocidal killing and other cases of mass murder it is difficult to see why this should be the case. I argue that many cases of genocide involve not merely individual evil but a form of collective action manifesting a collective evil will. It is this that explains the moral distinctiveness of genocide. My view contrasts with one put forward by Claudia Card, though we both agree that the notion of ‘‘social death’’ plays a significant role here.

It is natural to think of political philosophy as being concerned with reflection on some of the ways in which groups of human beings come together to confront together the problems that they face together: in other words, as the domain, par excellence, of collective action. From this point of view it might seem surprising that the notion of collective obligation rarely assumes centre-stage within the subject. If there are, or can be, collective obligations, then these must surely constrain the ways in which we can act collectively. Indeed, one might even suspect that considerations about collective obligations ought to play a central role in demarcating the form that any legitimate form of political organization ought to take. Elsewhere I have argued that we have good reasons for accepting the existence of global collective obligations - in other words, collective obligations which fall on the world’s population as a whole.(Wringe 2006, 2010, forthcoming, under review) For example, the existence of such obligations provides a plausible solution to a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. Call such an obligation the ‘Obligation to Promote Satisfactory Global Institutions.’ I shall also examine a significant challenge to this line of argument, which I call the ‘Pluralist Challenge’ One might suppose that the ‘Obligation to Promote Satisfactory Global Institutions’ could be met by providing strategic support to attempts to modify and extend existing international institutions. After all, creating new institutions is a difficult matter: perhaps it would be better, especially where stringent obligations are concerned, to concentrate on those institutions which we already have. On the other hand, existing international institutions are subject to a range of significant moral and ethical criticisms. It would simply be naïve to suppose that their existence of such institutions is based on an international consensus about what justice requires; and it is not clear how we could motivate individuals who have severe ethical reservations about the existence of such institutions, or why we should wish to. This suggests that those who think that there are global collective obligations, and that such obligations should play an important role in shaping how we think of international distributive justice are faced with a significant dilemma: either support a program of extending and strengthening existing institutions in a way which risks entrenching some existing forms of injustice; or commit oneself to a program of attempting to build new institutions which will have to compete with those institutions we have already and which are unlikely to be in a position to meet help us to discharge our collective obligations at any point in the near future. Neither option seems satisfactory. I shall argue that our response should be to look for plausible ethical constraints on how international institutions should be developed, and suggest that these constraints are likely to take a cosmopolitan form.