Archive of Events

Archive of Events

Location: Freiburg, Fürstenbergstr. 19
American criminal laws and criminal justice systems are harsher, more punitive, more afflicted by racial disparities and injustices, more indifferent to suffering, and less respectful of human dignity than those of other Western countries. The explanations usually offered—rising crime rates in the 1970s and 1980s, public anger and anxiety, crime control politics, neoliberal economic and social policies—are fundamentally incomplete. The deeper explanations are four features of American history and culture that shaped values, attitudes, and beliefs and produced a political culture in which suffering is fatalistically accepted and policy makers are largely indifferent to individual injustices. The four elements are the history of American race relations, the evolution of Protestant fundamentalism, local election of judges and prosecutors, and the continuing influence of political and social values that emerged during three centuries of Western expansion. The last, encapsulated in Frederick Jackson Turner’s “frontier thesis,” is interwoven with the other three. Together, they explain long-term characteristics of American criminal justice and the extraordinary severity of penal policies and practices since the 1970. [more]

Conceptual Engineering and the Law

Workshop
Conceptual engineering aims to replace imprecise, misleading, or contradictory concepts with more accurate ones. Rather than asking how a concept is being used, it questions whether it is right to use it that way. It offers a new way of understanding many of our disagreements: even when we mean different things by the words we argue about, we don’t always talk past each other. Sometimes, we engage in a fundamental dispute about what these words ought to mean, and by extension, about the best way to describe reality. [more]
A now-familiar thought (associated with the idea of “strong AI”) that in the not-too-distant future, AI may come to far surpass humans’ general cognitive capacities. Some famously worry that such AI pose an existential risk to humans, either due to indifference to human aims or a hostility to humans. This paper focuses on a different cluster of questions: a series of questions in the foundations of ethics raised by the possibility that we ask AI to engage in evaluative reasoning (e.g., about what is good and bad, right and wrong, etc.). There is a natural epistemic motive for asking strong AI to engage in evaluative reasoning: one might hope that strong AI could help us to make progress in addressing persistent evaluative controversies. However, suppose that strong AIs converge on evaluative conclusions that we are independently inclined to oppose. For example, AI might come to anti-anthropocentric evaluative conclusions (two examples: maybe they really prioritize certain cognitive capacities in their evaluations, treating us the way we treat mosquitos; or maybe they don’t, treating the interests of insects as on a par with that of highly rational beings). Alternatively, AI might come to radically consequentialist conclusions, that portray the evaluative significance of, e.g., our relations to our projects and loved ones as easily swamped. We take such dissatisfaction with (by hypothesis) epistemically highly credible evaluative conclusions to raise important questions about our attitudes towards the evaluative, even if we assume a strong sort of realism about evaluative thought and talk. It is familiar for metaethical antirealists to ask the question “why care about evaluative properties?” on the supposition that realism is true. And they often argue that this is a reason to reject realism. However, we think that the sorts of possibility we are canvassing instead makes salient two other ways of thinking about alienation from evaluative standards. First, it could push us to a conceptual ethics conclusion that we ought to adopt other (perhaps: more anthropocentric) evaluative concepts. Second, it might instead push us toward a deep alienation from the evaluative: that is, we might simply embrace that the our existing evaluative concepts capture what really and truly matters, and find that we simply don’t want our lives or world to be structured by what really and truly matters, if it involves sufficient sacrifice of what we care about. In light of these issues, we then reflect on how to best think about what “the” alignment problem in AI really is, suggesting that there are in fact multiple different “alignment” problems that are worth wrestling with, and that it is a difficult evaluative question which one to prioritize in thinking about AI ethics, and why. [more]

Citizenship and Fragmentation in Criminal Law

Workshop

About the Nature and Value of Conceptual Legal Scholarship

Freiburg Lectures on Staatswissenschaft and Philosophy of Law
The lecture pursues two goals. First, Christian Bumke aims to compare how German legal doctrine and a pluralistic approach, known as the “New Private Law Theory” in the USA, can be used to think about and work with the law. Bumke will argue that, while there are considerable differences between the two, they can be understood as two variants of the same general approach towards legal scholarship, which he calls “conceptual legal scholarship”. His second goal consists in developing a reflection on methodol­ogy. For this purpose, he examines the differences within con­cep­tual legal scholarship. He wishes to show that very different academic activities are pursued both within legal doctrine and New Private Law scholarship. Bumke will make a distinction between two different types of conceptual legal scholarship. On the one hand, there are approaches that aim to explain a certain legal phenomenon; on the other hand, one finds approaches that aim to understand the law’s normative content. He will argue that differentiating between the two perspectives is important because they respond to different expectations and have to conform to different standards. [more]

Sanktionen im Sozialrecht – Existenzminimum und Menschenwürde im Spannungsverhältnis zu Mitwirkungspflichten und fiskalischen Interessen

Guest Lecture

Why Outcomes Matter (And How They Do)

Guest Lecture
The problem of outcome responsibility, in criminal law, is the problem of providing a normative foundation for criminal-law practices that make outcomes relevant to criminal liability and sentencing – sometimes (as in the law of attempts) with relevant differences between intended and negligently-risked outcomes. My talk develops a conception of agency that can provide theoreti­cal underpinning for these practices. As a first step, I defend the widely accepted view that producing an outcome (either as an in­tended or as a negligently-unlucky one) makes a difference: so long as the outcome can be imputed to the agent, it qualifies what the agent is responsible for. The object of assessment (“what D has done”) changes from “X activity” (minus the outcome) to “X activity with outcome”. Potentially much more contentious is the second step in my argument: the claim that how the outcome matters for our responsibility is affected by the question whether the outcome is the product of our intentions or whether it is the product of risks we have negli­gently created. This analysis explains many contentious features of the criminal law. However, it puts pressure on the justification for outcome-dependent crimes of negligence as such. For how can, on the assumption that we have a much less tight connection to negligently-risked outcomes than to intended ones, the criminal law’s prac­tice of making the occurrence of the outcome the linchpin for most offences of criminal negligence, be defended? [more]

Lab Experiments – An Overlooked Tool in the Box of Criminology

Guest Lecture
Good fences make good neighbours. The “naturalistic fallacy” is a particularly solid fence. It not only claims that the normative disci­plines need not worry about facts. It would actually be a category error if they care. Although at its core the law is a normative disci­pline, it has not always been that hostile towards facts. But it used to have a rather loose attitude towards empirics. Often, any factual statement “that matters” has been accepted as a legitimate ele­ment of legal reasoning. A social scientist would likely disagree. A factual claim is not the same as empirical evidence, most im­portantly since correlation is not causation. Criminology defines itself as the social science concerned with crime and punishment. This invites a division of labour: to the extent that a normative conclusion in the area of criminal law rests on an empirical claim, it is for criminology to deliver the evidence. Yet what counts as evidence? To a relevant degree, this is not only a question of epistemology. It also is a matter of disciplinary culture. Historically, criminology defines itself as applied sociology. This historical root is a productive one. But it has led the discipline to largely ignore an im­portant source of evidence: experiments under the controlled conditions of the lab. Interestingly, in empirical legal studies, this method is much more established than in criminology, despite the fact that empirical legal studies are much more recent. The talk will explain why lab experiments could be helpful for criminology, and accordingly for the empirical grounding of criminal law, and will illustrate the power with experiments on crime and punishment. [more]
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