Nick Smith

Levinas and Adorno both refuse to translate their stringent ethical convictions into a programmatic social theory because translating their theories of non-identity into models of governance would necessarily perpetrate, en masse, the very subsumptive violence they denounce. Although Levinas and Adorno have come to provide ethical guidance to Continental philosophers, their outright refusal to be drawn into applied theory has caused innumerable difficulties for progressive theorists compelled by their critiques of instrumental reason but handcuffed by their skepticism toward practical reform. I do not mean to suggest that Adorno and Levinas were not personally engaged with political causes or that numerous interpreters have not extrapolated political content from their work, but rather that Levinas and Adorno expressly blocked the conversion of ethics into political and legal programs on ethical grounds. This paper outlines the procedural and substantive questions that I find most worrisome for a "Jurisprudence of Alterity" motivated by Levinas or Adorno.

This handbook provides detailed philosophical analysis of the life and thought of Socrates across fifteen in-depth chapters. Each chapter engages with a central aspect of the rich tradition of Socratic studies and, after surveying the state of scholarship, points the way forward to new directions of interpretation. A leading team of scholars present dynamic readings of Socrates, extracted from the historical context of Plato's dialogues, covering elenchus, irony, ignorance, definitions, pedagogy, friendship, politics and the daemon. Building on these core Socratic topics, this edition includes new accounts of Socrates in the work of philosopher and historian, Xenophon, the comic playwright, Aristophanes, as well as important scholarship on topics such as emotions, the afterlife, motivational intellectualism and virtue intellectualism. Fully revised and updated, the Bloomsbury Handbook of Socrates elucidates the complex landscape of Socratic thought and interpretation.

Scholars have wrestled with the very troubling but also rather long passage in the Protagoras in which Socrates offers an interpretation of a poem by Simonides (339e-347a). On the one hand, the way in which Socrates develops his interpretation leads to an outcome that makes it look as if Socrates attributes distinctly Socratic views to the poet, which had led a number of scholars to conclude that, albeit in a rather strange way, Socrates is trying to do something philosophically serious in his interpretation. On the other hand, the “philosophically serious” approach must confront several features of the Socratic interpretation that seem anything but serious. Immediately after concluding his interpretation, Socrates contends that the entire enterprise of poetical interpretation is “no different from the second-rate drinking parties of the agora crowd” (347c3-5) and dismisses such a form of entertainment as “childish frivolities” (347d6). In this paper, I argue that Socrates is presented by Plato as (i) doing something philosophically significant in this passage, and also (ii) providing an interpretation of Simonides that would appear to any intelligent reader as both comical (in places) and far-fetched in its conclusions, and also (iii) believing that the interpretation of poetry is an example of “childish frivolity.” Indeed, I claim that it is the third of these claims—which, after all, is the conclusion Socrates himself reaches by the time he is done—that Plato’s Socrates wants most of all for us to accept.

Much of our private and public ethical discourse occurs in the giving, receiving, or demanding of an apology, yet we suffer deep confusion regarding what an apology actually is. Most of us have never made explicit precisely what we expect from a full apology and therefore apologizing has become a vague and clumsy ritual. Full apologies can be morally and emotionally powerful, but, as with most valuable things, frauds masquerade as the genuine article. These semblances of apologies often deceive and manipulate, and such duplicity is common between lovers, families, litigants, and nations. In response to this, I propose nine elements that an apology must satisfy in order to be considered categorical. I believe we have such a categorical apology in mind when we seek a full apology. The standards for a categorical apology are rigorous and precise, and I hope to disentangle the distinct elements of apologies. A categorical apology is a rare and burdensome act, and under certain circumstances full apologies may not be possible regardless of how badly we may desire them. While the leading social science accounts by Aaron Lazare and Nicolas Tavuchis aptly demonstrate how apologies lubricate reciprocally egoist relationships, such theories ultimately prove unsatisfying because apologies achieve their highest meaning as morally rich acts. Both Tavuchis and Lazare offer merely descriptive accounts when a prescriptive argument seems necessary. No philosopher, however, has ever devoted a monograph to the topic and only a handful of papers on apologies have appeared in philosophy journals.

This paper makes the counterintuitive argument that apologetic offenders in both criminal and noncriminal contexts deserve reductions in punishment even according to retributive theories of justice. I argue here that accounting for post-offense apologetic meanings can make retributivism more fair and consistent much in the same way that considering pre-offense behavior such as culpable mental states like premeditation provide a more holistic and accurate view of the badness of the offense at issue. On my view, retributivists should endorse the general principle that categorically apologetic offenders deserve less punishment because certain kinds of contrition can revise the very nature of the offense and thereby make it less bad and deserving of less punishment. This claim is symmetrical with the popular view that unapologetic or remorseless offenders deserve more punishment.

@FP= Although rehabilitation is often considered a type of punishment for criminal offenders, its objectives are therapeutic rather than punitive. While some theories of punishment claim that criminals deserve to suffer for their crimes, the rehabilitative ideal views criminal behavior more like a disease that should be treated with scientific methods available to cure the offender. Many convicts suffer from mental and physical illness, drug addiction, and limited opportunities for economic success and these problems increase the likelihood that they will engage in criminal activity. If we simply incarcerate the convict while she “pays her debt to society,” she will likely reenter it with all of the obstacles that drove her to crime still in place. She will also need to contend with additional difficulties: a criminal record will impact her employment opportunities, she will be older and still without marketable skills or education, her social relationships may have deteriorated while she was in jail, and she may have become further acclimated to criminal culture. Thus incarcerating offenders could actually make them more likely to commit offenses after they are released, and recidivism rates attest to this. A rehabilitative approach would attempt to treat the underlying cause of her transgressions so that she can return to society to become a full and productive citizen. In other words, instead of exacting revenge against criminals and making their lives worse, rehabilitation tries to help them.

In 2008 I published I Was Wrong: The Meanings of Apologies with Cambridge University Press. I Was Wrong provides a nuanced framework for the ethical meanings of apologies from individuals and collectives, considering along the way the historical and cultural traditions that inform modern acts of contrition. I have discussed I Was Wrong on NPR, CNN, BBC, CBC, Philosophy Talk, and various other national and international programs.I am now working on the follow-up book, tentatively titled Apologies in Law and also under contract with Cambridge University Press. Apologies in Law will apply the framework for the ethical meanings of apologies from I Was Wrong to acts of contrition in civil and criminal law. As a recently tenured J.D./Ph.D. experienced as a litigator in a major Manhattan law firm and as a staff attorney for the U.S. Court of Appeals, I hope to use my upcoming sabbatical to complete a draft of Apologies in Law. I will revise and polish the draft during the summer of 2009

Socrates is one of the most important yet enigmatic philosophers of all time; his fame has endured for centuries despite the fact that he never actually wrote anything. In 399 B.C.E., he was tried on the charge of impiety by the citizens of Athens, convicted by a jury, and sentenced to death. About these facts there is no disagreement. However, as the sources collected in this book and the scholarly essays that follow them show, several of even the most basic facts about these events were controversial in antiquity, and the questions persist today: How and why was Socrates brought to trial? Why did the jurors, members of the world's first democracy, find him guilty? When he was given an opportunity to escape execution, why did he refuse to do so and instead accept the punishment that he and his friends agreed was unjustly assigned to him? How exactly did Socrates die? Differences of opinion on these and other issues continue to arouse our curiosity and to challenge new generations of students and scholars. The Trial and Execution of Socrates: Sources and Controversies is the first work to collect in one place all of the major ancient sources on Socrates' death--those of both his critics and his defenders--as well as recent scholarly views. Part I includes new translations of Plato's Euthyphro, Apology, Crito, and the death scene from Phaedo, as well as other ancient sources that shed light on Socrates' trial and execution. Part II features some of the most influential recent scholarship on this historically momentous event with work by M. F. Burnyeat, Robert Parker, Mark L. McPherran, Thomas C. Brickhouse and Nicholas D. Smith, Richard Kraut, Christopher Gill, and Enid Bloch. Ideal for undergraduate surveys of ancient Greek philosophy and upper-level courses on Socrates and Socratic philosophy, this unique collection provides an unprecedented look into the many perplexing questions surrounding the trial and execution of this remarkable man.

In his writings Jim Marshall has helpfully emphasized such Wittgensteinian themes as the multiplicity of language games, the deconstruction of ‘certainty,’ and the contexts of power that underlie discursive systems. Here we focus on another important legacy of Wittgenstein's thinking: his insistence that human activity is rule‐governed. This idea foregrounds looking carefully at the world of education and learning, as against the empirical search for new psychological or other facts. It reminds us that we need to consider, in Peter Winch's words, ‘what it makes sense to say’ about certain educational phenomena, and how these meanings stand against understanding a wider form of life. This insight has important implications for doing educational research, and we examine some of these.

This book encourages renewed attention by contemporary epistemologists to an area most of them overlook: ancient philosophy. Readers are invited to revisit writings by Plato, Aristotle, Pyrrho, and others, and to ask what new insights might be gained from those philosophical ancestors. Are there ideas, questions, or lines of thought that were present in some ancient philosophy and that have subsequently been overlooked? Are there contemporary epistemological ideas, questions, or lines of thought that can be deepened by gazing back upon some ancient philosophy? The answers are 'yes' and 'yes', according to this book's 13 chapters, written by philosophers seeking to enrich contemporary epistemology through engaging with ancient epistemology. Key features: Blends ancient epistemology with contemporary epistemology, each reciprocally enriching each. Conceptually sensitive chapters by scholars of ancient epistemology. Historically sensitive chapters by scholars of contemporary epistemology. Clearly written chapters, guiding readers at once through central elements both of ancient and of contemporary epistemology.

_Philosophy Through Science Fiction_ offers a fun, challenging, and accessible way in to the issues of philosophy through the genre of science fiction. Tackling problems such as the possibility of time travel, or what makes someone the same person over time, the authors take a four-pronged approach to each issue, providing · a clear and concise introduction to each subject · a science fiction story that exemplifies a feature of the philosophical discussion · historical and contemporary philosophical texts that investigate the issue with rigor, and · glossary, plot profiles of pertinent science fiction stories and films, and questions for further reflection. _Philosophy Through Science Fiction_ includes stories from contemporary science fiction writers including Greg Egan and Mike Resnick, as well as from classic authors like Philip K. Dick and Robert Heinlein. Philosophy readings include historical pieces by René Descartes and David Hume, and contemporary pieces by John Searle and Mary Midgley.

Plato's Euthyrphro, Apology, andCrito portray Socrates' words and deeds during his trial for disbelieving in the Gods of Athens and corrupting the Athenian youth, and constitute a defense of the man Socrates and of his way of life, the philosophic life. The twelve essays in the volume, written by leading classical philosophers, investigate various aspects of these works of Plato, including the significance of Plato's characters, Socrates's revolutionary religious ideas, and the relationship between historical events and Plato's texts

In this follow up to I Was Wrong: The Meanings of Apologies, Nick Smith expands his ambitious theories of categorical apologies to civil and criminal law. After rejecting court-ordered apologies as unjustifiable humiliation, this book explains that penitentiaries were originally designed to bring about penance - something like apology - and that this tradition has been lost in the assembly line of mass incarceration. Smith argues that the state should modernize these principles and techniques to reduce punishments for offenders who demonstrate moral transformation through apologizing. Smith also explains the counterintuitive situation whereby apologies come to have considerable financial worth in civil cases because victims associate them with priceless matters of the soul. Such confusions allow powerful wrongdoers to manipulate perceptions to disastrous effect, such as when corporations or governments assert that apologies do not equate to accepting blame or require reform or redress.

Apologies can be profoundly meaningful, yet many gestures of contrition - especially those in legal contexts - appear hollow and even deceptive. Discussing numerous examples from ancient and recent history, I Was Wrong argues that we suffer from considerable confusion about the moral meanings and social functions of these complex interactions. Rather than asking whether a speech act 'is or is not' an apology, Smith offers a highly nuanced theory of apologetic meaning. Smith leads us though a series of rich philosophical and interdisciplinary questions, explaining how apologies have evolved from a confluence of diverse cultural and religious practices that do not translate easily into secular discourse or gender stereotypes. After classifying several varieties of apologies between individuals, Smith turns to apologies from collectives. Although apologies from corporations, governments, and other groups can be quite meaningful in certain respects, we should be suspicious of those that supplant apologies from individual wrongdoers.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Plato on Parts and Wholes: The Metaphysics of StructureNicholas SmithVerity Harte. Plato on Parts and Wholes: The Metaphysics of Structure. Oxford: Clarendon Press of Oxford University Press, 2002. Pp. x + 311. Cloth, $45.00.In this book, Verity Harte seeks to provide an account of Plato's view of mereology. According to Harte, Plato presents two distinct models about the relation of part to whole, but actually only ever accepts one of these two models. Plato presents one model in the Parmenides, Theaetetus, and one passage in the Sophist. In this model, which Harte compares to a conception of part and whole recently advanced by David Lewis, the whole is simply identical to its collective parts and Plato attends to this model only to call attention to its problems. Harte explicates Plato's presentation of this model in the last section of Chapter 1 and in Chapter 2 of her book. The second model—the only one Plato actually accepts, according to Harte—Plato initially outlines in the Parmenides, but then explicates in finer detail in the Sophist, Philebus, and Timaeus. In this conception, wholes are now understood as "structures, the identity of whose parts is determined only in the context of the whole they compose" (3). Harte presents her evidence for Plato's endorsement of this model in Chapters 3 and 4, and then draws conclusions in Chapter 5.The book has several significant virtues, including especially clarity of exposition, and care and thoroughness in the review of the relevant texts from Plato's later dialogues. But this same care and attention to detail does not at all extend to any of Plato's discussions of part and whole in earlier works, and Harte's peremptory refusal to consider the relevant passages in these other works is puzzling, at best.Indeed, Harte bothers to identify only two such passages from earlier works, and then only to explain why they and other passages like them do not merit further attention: the Republic's famous division of the soul into three parts in Book IV and the consideration of virtue as a whole and the several virtues as parts of that whole in the Protagoras. Harte acknowledges that Plato explicitly supplies, in the Protagoras discussion, two different sorts of relations of part and whole, in distinguishing the way in which parts of gold form a larger whole, and the way the parts of the face are related to the whole face (349d4-8), but seems oblivious to the clear implication that—at least when he wrote the Protagoras, and contrary to Harte's primary thesis—Plato recognized more than one way in which wholes could be composed of parts. But Harte dismisses the significance of both discussions by noting, first, that the "principle of opposition" given in the Republic by which Plato divides the soul provides "at most, a sufficient, and not necessary, condition on something having parts" and concludes that it thus "cannot be used to establish general claims about parts" (2). Harte never mentions that this same view of the partitioned soul seems to reappear in the Phaedrus and Timaeus—a dialogue in which the allegedly preferred conception of mereology is presented—and also passes over the Republic's representation of the tripartition of the kallipolis, and Plato's conception of the citizen as a part of a state. As for the Protagoras's discussion of the relationships between the virtues, Harte says only that "there is here no discussion of the nature of parts or of the relation between parts and whole" (2). She concludes that "in both works the focus of discussion is the examples themselves (the soul, the virtues) and not wholes of parts as such" (2). Harte fails to notice, however, that the arrangement of virtues into parts and wholes may also be found in the Laches (190a1-199e7), [End Page 333] Meno (78d7-e2), and especially the Euthyphro (12c2-d2), in which the relation of piety to justice as part to whole is likened to the relationships between reverence and fear and odd numbers and numbers, which are plainly not examples of part-whole relationships between virtues.Harte is well...

Plato's Republic has proven to be of astounding influence and importance. Justly celebrated as Plato's central text, it brings together all of his prior works, unifying them into a comprehensive vision that is at once theological, philosophical, political and moral. The essays in this volume provide a picture of the most interesting aspects of the Republic, and address questions that continue to puzzle and provoke, such as: Does Plato succeed in his argument that the life of justice is the most attractive one? Is his tripartite analysis of the soul coherent and plausible? Why does Plato seem to have to force his philosopher-guardians to rule when they know this is something that they ought to do? What is the point of the strange and complicated closing Myth of Er? This volume will be essential to those looking for thoughtful and detailed excursions into the problems posed by Plato's text and ideas.

The claim that the citizen's duty is to “persuade or obey” the laws, expressed by the personified Laws of Athens in Plato's Crito, continues to receive intense scholarly attention. In this article, we provide a general review of the debates over this doctrine, and how the various positions taken may or may not fit with the rest of what we know about Socratic philosophy. We ultimately argue that the problems scholars have found in attributing the doctrine to Socrates derive from an anachronistic and erroneous understanding of Socrates as a kind of libertarian.

In vertebrates it is often found that if one considers a group of genes clustered on a certain chromosome, then the homologues of those genes often form another cluster on a different chromosome. There are four explanations, not necessarily mutually exclusive, to explain how such homologous clusters appeared. Homologous clusters are expected at a low probability even if genes are distributed at random. The duplication of a subset of the genome might create homologous clusters, as would a duplication of the entire genome. Alternatively, it may be adaptive for certain combinations of genes to cluster, although clearly the genes must have duplicated prior to rearrangement into clusters. Molecular phylogenetics provides a means to examine the origins of homologous clusters, although it is difficult to discriminate between the different explanations using current data. However, with more extensive sequencing and mapping of vertebrate genomes, especially those of the early diverging chordates, it should soon become possible to resolve the origins of homologous clusters. BioEssays 21:697–703, 1999. © 1999 John Wiley & Sons, Inc.