ABSTRACTBuilding on Google's efforts to scan millions of books, this article introduces methodology using a database of annual word frequencies of the 40,000 most frequently occurring words in the American literature between 1800 and 2009. The current paper uses this methodology to replicate and identify terror management processes in historical context. Variation in frequencies of word usage of constructs relevant to terror management theory are investigated over a time period of 209 years. Study 1 corroborated previous TMT findings and demonstrated (...) that word use of constructs related to death and of constructs related to patriotism and romantic relationships significantly co-vary over time. Study 2 showed that the use of the word “death” most strongly co-varies over time with the use of medical constructs, but also co-varies with the use of constructs related to violence, relationships, religion, positive sentiment, and negative sentiment. Study 3 foun... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:VIOLENCE AND NONVIOLENCE IN HINDU RELIGIOUS TRADITIONS Francis X. Clooney, SJ. Boston College Outline I.Violence, Sacrifice and Ritual 1. Some basic attitudes toward the killing of animals 2.Resolving the problem of sacrificial violence by internalization 3.Substitutions 4.Renunciation and nonviolence: an elite pathway 5.Violence andnonviolenceinrelation to vegetarianism: Hans Schmidt's theses?. Traditional Hindu Theorizations of Violence in Mimamsa Ritual Theory and Vedanta Theology 1. The ritual (...) analysis (at Mimamsa Sutra 1.1.2) of the Shyena rite which is performed in order to harm enemies 2.The Vedanta analysis (at Uttara Mimamsa Sutra 3.1.25) of ritual violence in relation to the prohibition of violence??. Violence in the Life of the State HOFrancis X. Clooney, S.J. 1. The royal power to punish (danda) 2.The synthesis of the ideals of brahmin and king a..The distribution and management of violence in the Laws ofManu (1st century CE) b. Policy toward warfare in the Arthashastra of Kautilya 3.The collapse of the brahmanical synthesis—and the emergence of a (seemingly) more nonviolent Hinduism 4.A comment on Gandhi (1 869-1948) and the contemporary emergence of post-Gandhian Hindu perspectives IV.Alternate Views from Outside the Sanskritic Tradition 1. Tamil Wisdom on Violence and Nonviolence: a.Tirukkural (c. 2nd century CE) b.Cilappatikaram (5th century CE) 2.Blood and Goddesses 3.From a Village Perspective a. Some Trouble with Cows b.Mahasweta Devi and the Literary Exposure of Violence V.The Question of a Christian Perspective on the Hindu Treatment of Violence and Religion: Are Victims Necessary? Some Presuppositions: • The following reflections, complex as they are, are governed by a reluctance to simplify Hindu teaching. I seek to avoid the view that the Hindu traditions had only one view of violence and nonviolence. • I use the term "Hindu" loosely and as a shorthand, without claiming that there is a single Hindu tradition, or a single creed shared by all Hindus, or a single attitude toward violence. But neither do I claim that there are simply many traditions without any common elements which justify the appellation "Hindu." • I am reluctant to idealize the Hindu traditions as if nonviolence must necessarily be taken as the epitome ofHindu thought. India's traditions are complex, and require complex treatment. • A serious artificiality of this paper is that I treat Hinduism without simultaneously lookinginto Buddhist andJain materials, though both were traditions with important and enduring commitments to nonviolence. Particularly with respect to the renunciant, marginal components of traditions, one ought not to make overly neat or decisive distinctions Violence and Nonviolence in Hindu Religious Traditions 1 1 1 between the Hindu, Buddhist, and Jain theories and practices related to violence and nonviolence. • I attempt to give preference to indigenous discussions ofissues related to violence and nonviolence; the context and mode of thinking are important, notjust the conclusions drawn. I therefore avoid simply mining Hindu texts for an answer to a contemporary question, "What is the Hindu attitude toward violence and nonviolence?" • In most ofwhat follows we must distinguish contexts where "violence" indicates "physical action which causes pain to some living being," from contexts where "violence" indicates "an intention, rooted in anger or malice, to hurt someone." I use the word "violence" for both in order to highlight the complex issues of distinction involved. In considering the Sanskrit formulations, one likewise has to distinguish himsa as "causing pain" from himsa as "intending to harm." • It is often difficult to date ancient texts, and even when one narrows down a date—within 200-300 years—its significance still depends on other, often equally broadly stated dates. Nevertheless, I do offer dates throughout, as summarized here: •ancient Vedic sacrificial practices, from before 1200 BCE •Vedic ritual analyses and reformulations of sacrifices as ritualized acts, in the Brahmanas, from after 1000 BCE •the Upanishadic exploration of the deeper meanings of ritual and interiorized alternatives to ritual, from after 900 BCE •the Buddha, c. 500 BCE •key texts in the theorization of royal power, The Laws of Manu (beginning of Common Era) and Arthashastra (c. 150 CE) •the Tamil wisdom text Tirukkural (100 CE) •Goddess texts as evidenced in Sanskrit formulations, from after 500 CE... (shrink)

The people of Gaza endure physical traumas, and psychological and social wounds directly linked to the combination of military occupations and the closing of its border, essentially forcing and trapping them in despair. The destruction of healthcare infrastructure in particular, has methodically added strain on an already hopeless situation, severely affecting the availability and accessibility of essential healthcare services for the population, which further perpetuates the cycle of peoples suffering. Such suffering has escalated to extreme proportions in 2023. As the (...) violence and attacks continue with flagrant disregard of the Geneva and Hague conventions, the Rome Statute, occupational law, and international and humanitarian law, amid outcries from the international community, we see hospitals, that are traditionally regarded as sanctuaries of humanity transform into corridors of horror. (shrink)

The reasonable human nature appears in the Enlightenment’s philosophy as a reduction of the human being and its manifestations to a complex of natural impulses when all former norms of perception, reflections, inclinations, actions and the moral principles, which lie in their basis, are canceled in the free human self-experimenting. The monarchy idea depreciates when its citizens turn in the public good’s proponents on the basis of a blind republican consent about the egoism’s limitation (Robespierre) and a prosopo-peia of freedom (...) that gives to a nation the self-government illusion. The reconsideration of the revolutionary moment as a self-affirmation of romantic spirit is connected for Tolstoy with the “world will” novel poetics opening evolutionary moment in the affective and reflexive dynamics of the hero’s consciousness, the limiting witness of the narrator and the author’s horizon of progressive movement to the historical process’s purpose that creates the belief in the need of coexistence with other participating consciousnesses. The revolutionary and evolutionary reflection of Tolstoy is related to the monoteis-tic prosopopoeia of divine kenosis. From an artistic representation of signifying articulations of the evolutionary world the teacher’s reflection of Tolstoy is born. For Tolstoy revolution is the moment of the senseless violence aiming to eliminate the common evil of the world. The conceptual basis of literary culture as an art and ideological formatting of reactive consciousnesses for Tolstoy is an infinite aspiration to the human self-limitation. (shrink)

This article provides an overview of current knowledge about the relationship between mental illness, violence, homicides, and suicides, with a view towards crafting sensible public policy options for reducing gun violence towards self or others. With this knowledge as a backdrop, the limitations of the federal National Instant Background Check System as both over-inclusive and under-inclusive in identifying people with mental illness who pose potential risks are discussed. Finally, the article describes emerging approaches for identifying and removing firearms (...) from persons who pose potential risks of gun violence towards self or others, including Extreme Risk Protection Orders and other options. (shrink)

There were more than 36,000 firearm-related deaths in the U.S. in 2015. Under federal law, a background check is required only for gun purchases from licensed dealers. Research suggests that some persons prohibited from owning a gun turn to private sellers, including those identified online, to attempt to obtain a firearm. State-level approaches to make it more difficult for high-risk persons to purchase or possess firearms include universal background check and gun violence restraining order laws. UBC laws, on the (...) books in 18 states as of the end of 2016, can reduce both homicide and suicide rates. After Colorado adopted a UBC law in 2013, the number of background checks conducted by private sellers for sales occurring at places other than gun shows steadily increased. GVRO laws give law enforcement and families the authority to petition a court to temporarily remove firearms from an individual who presents a danger to himself or others during times of crisis, regardless of whether that person has been diagnosed with a mental illness. California enacted a GVRO law in 2014. Data are emerging to suggest the effectiveness of GVRO-type laws at averting suicides and providing an entryway to services. (shrink)

This Article is a contribution to the torture debate. It argues that the abusive interrogation tactics used by the United States in what was then called the “global war on terrorism” are, unequivocally, torture under U.S. law. To some readers, this might sound like déjà vu all over again. Hasn’t this issue been picked over for nearly fifteen years? It has, but we think the legal analysis we offer has been mostly overlooked. We argue that the basic character of the (...) CIA’s interrogation of so-called “high-value detainees” has been misunderstood: both lawyers and commentators have placed far too much emphasis on the dozen or so “enhanced interrogation techniques” (EITs) short-listed in government “torture memos,” and far too little emphasis on other forms of physical violence, psychological stressors, environmental manipulations, and abusive conditions of confinement that are crucial to the question of whether the detainees were tortured. Furthermore, we dispute one of the standard narratives about the origins of the program: that it was the brainchild of civilian contractor psychologists because— in the CIA’s words—“[n]on-standard interrogation methodologies were not an area of expertise of CIA officers or of the US Government generally.” This narrative ignores the CIA’s role in devising these methods, in spite of the decades of prior CIA research and doctrine about forcing interrogation subjects into a state of extreme psychological debilitation, and about how to do so—by making them physically weak, intensely fearful and anxious, and helplessly dependent. By neglecting this history and focusing on the contractors and the EITs they devised, this narrative contributes to the misunderstanding that the torture debate is about EITs and nothing else. In effect, a “torture debate” about EITs and the torture memos neglects the purloined letter in front of our eyes: the abusive conditions the CIA inflicted on prisoners even when they were not subject to EITs, including abuses that the torture memos never bothered to discuss. Unpacking what this debate is really about turns out to be crucial to understanding that such interrogation methods are torture under existing U.S. law. The U.S. Torture Act includes a clause in its definition of mental torture that was intended to ban exactly the kind of interrogation methods the CIA had researched, out of concern that our Cold War adversaries were using them: mind-altering procedures “calculated to disrupt profoundly the senses or the personality.” That is precisely the “non-standard interrogation methodology” the CIA employed after 9/11. (shrink)

Somalia, Haiti, Bosnia, and Kosovo. All are examples where humanitarian intervention has been called into action. This timely and important new volume explores the legal and moral issues which emerge when a state uses military force in order to protect innocent people from violence perpetrated or permitted by the government of that state. Humanitarian intervention can be seen as a moral duty to protect but it is also subject to misuse as a front for imperialism without regard to international (...) law. In Humanitarian Intervention, the contributors explore the many questions surrounding the issue. Is humanitarian intervention permitted by international law? If not, is it nevertheless morally permissible or morally required? Realistically, might not the main consequence of the humanitarian intervention principle be that powerful states will coerce weak ones for purposes of their own? The current debate is updated by two innovations in particular, the first being the shift of emphasis from the permissibility of intervening to the responsibility to intervene, and the second an emerging conviction that the response to humanitarian crises needs to be collective, coordinated, and preemptive. The authors shed light on the timely debate of when and how to intervene and when, if ever, not to. Contributors: Carla Bagnoli, Joseph Boyle, Anthony Coates, Thomas Franck, Brian D. Lepard, Catherine Lu, Pratap Bhanu Mehta, Terry Nardin, Thomas Pogge, Melissa S. Williams, and Kok-Chor Tan. (shrink)

This is a short paper covering my own views on the methods and reasons behind the teaching of medical ethics. All the whys and wherefores are discussed and some conclusions reached. This paper is given from a junior doctor's viewpoint but could equally apply to many others.

Jennie Suk, At Home in the Law: How the Domestic Violence Revolution is Transforming Privacy, 204 pp. Jennie Suk, Assistant Professor at Harvard Law School...

Firearm violence is a major public health problem in the United States. In 2000, firearms were used in 10,801 homicides – two-thirds of all homicides in the U.S. – and 533,470 non-fatal criminal victimizations including rapes, robberies, and assaults. The social costs of gun violence in the United States are also staggering, and have been estimated to be on the order of $100 billion per year.Illegal gun carrying, usually concealed, in public places is an important risk factor for (...) firearm-related crime. In the 1980s and 1990s, police departments across the country began to develop and implement strategies to address illegal weapons carrying. Often these strategies have involved aggressive efforts to identify and physically search individuals suspected of illegally carrying a firearm. (shrink)

Firearm violence is a major public health problem in the United States. In 2000, firearms were used in 10,801 homicides – two-thirds of all homicides in the U.S. – and 533,470 non-fatal criminal victimizations including rapes, robberies, and assaults. The social costs of gun violence in the United States are also staggering, and have been estimated to be on the order of $100 billion per year.Illegal gun carrying, usually concealed, in public places is an important risk factor for (...) firearm-related crime. In the 1980s and 1990s, police departments across the country began to develop and implement strategies to address illegal weapons carrying. Often these strategies have involved aggressive efforts to identify and physically search individuals suspected of illegally carrying a firearm. (shrink)

Thinking about ethics -- Philosophical ethics -- Why not do wrong? -- Is the ethical a human construct or a factual realm? -- Do you just do what is right or do you try to predict the outcomes? -- Natural law and virtue ethics -- Ethics and the bible -- Learning from the wisdom of the world -- Humanism : do we need god to realize that people just matter? -- Ethical dilemmas -- Dilemmas in bed -- Dilemmas in business (...) -- Dilemmas in medicine -- Dilemmas involving violence and power -- Dilemmas in government and leadership -- Dilemmas and the future : the environment, animals, and plants -- Dilemmas in the cyber world -- Making a decision -- Becoming a morally serious person -- Taking an ethical position. (shrink)

Parce qu'il se développe à partir de la réalité factuelle, le droit, comme toutes les disciplines humaines, est confronté au réel et à sa représentation. Il ne peut appréhender le monde sans déjà le rendre présent. Il l'organise et le juge. Il en est une image. Or, cette image, l'apparence, désigne tout à la fois ce qui est visible, donc directement accessible aux sens, mais également ce qui est trompeur. Quelle attitude le droit doit-il alors adopter lorsque apparence et réalité (...) sont dissociées? Peut-il aller au-delà des apparences pour reconstituer une réalité plus complète ou même contraire? Or, le droit, comme l'art mais aussi comme les sciences dures, transforme la réalité car il est affaire de fabrication. Sa normativité lui permet de distribuer la pertinence des faits, en leur attachant mi effet juridique. La théorie de l'apparence constitue alors l'une des principales illustrations du rapport particulier que le droit entretient avec le réel : le droit parvient à ne plus opposer apparence et réalité pour les rendre complémentaires. La situation ostensible étant généralement l'image de la réalité, chacun lui accorde sa confiance. Cette confiance, qui conditionne l'action, ne subsiste que parce qu'il importe peu qu'apparence et réalité soient exceptionnellement dissociées. Foi est due à l'apparence n'est plus un simple dysfonctionnement marginal du rapport qui doit s'établir entre le fait et le droit, mais un principe général, indispensable au bon fonctionnement du système juridique. Le jeu normal de la règle est paralysé ; le fait apparent triomphe de la stricte logique juridique. La confiance s'affirme, aux dépens de la norme mais le droit, conformément à sa fonction première, s'oppose ainsi à la violence et à la suspicion. Il se soucie davantage de ses effets que de ses sources et se révèle alors de plus en plus pragmatique. La norme, définie paradoxalement comme le fait de confiance, n'est plus qu'un médiateur. (shrink)

Following the tragic shootings in Newtown, Aurora, Isla Vista and others, increased national attention has focused on the relationship between mental illness and gun violence. While some have called for enhanced regulation of firearm possession by persons with mental illness, others have argued that such actions would be ineffective and enhance stigma associated with mental illness while discouraging treatment seeking.

Sexual violence against women is an issue of urgency that arises in all cultures locally, nationally, globally and transnationally. This problem has broad dimensions in both the public and private domains, both cases that are reported or not reported to law enforcement. Factually, the trend of this problem has been identified as increasing every year in Maluku, Indonesia. Therefore, the church requires serious attention to prevention and systematic treatment to overcome it. This sensitivity and awareness are a manifestation of (...) the church’s sense of calling and responsibility for the restoration of human dignity. The pastoral sermon service model is the church’s strategic approach to handling this problem. This research aimed to develop a model of pastoral sermons for victims of sexual violence against women in Maluku. This research focused on identifying and exploring the tragic experiences and impacts of sexual violence against women. Furthermore, a cross-cultural pastoral model was created for victims of violence.Contribution: This article provided a new perspective from the post-modern homiletics to approach social issues. This new homiletical approach to dealing with the problem of women’s sexual violence is one of the main focuses of ‘Women’s Theological Studies’ in HTS. (shrink)

Firearm violence in the United States produces over 36,000 deaths and 74,000 sustained firearm-related injuries yearly. The paper describes the burden of firearm violence with emphasis on the disproportionate burden on children, racial/ethnic minorities, women and the healthcare system. Second, this paper identifies factors that could mitigate the burden of firearm violence by applying a blend of key ethical theories to support population level interventions and recommendations that may restrict individual rights. Such recommendations can further support targeted (...) research to inform and implement interventions, policies and laws related to firearm access and use, in order to significantly reduce the burden of firearm violence on individuals, health care systems, vulnerable populations and society-at-large. By incorporating a blended public health ethics to address firearm violence, we propose a balance between societal obligations and individual rights and privileges. (shrink)

Who does the state recognize as a lawful subject? The universal body of liberal legalism has historically been imagined as a specific kind of body: white, male, heterosexual, and propertied. Can we understand the recent appearance of state violence against black bodies on the public stage in terms of recognition? Sociopolitical recognition is tethered to a history of selective and differential visibility, which has positioned certain bodies as objects of recognition and granted others the power to confer recognition. Struggles (...) for recognition are also struggles for visibility. As suggested by this photograph of a black male kneeling with his hands in the air in the middle of the street in.. (shrink)

Introduction The bioethics literature reflects significant interest in and concern with the use of genetic and genomic information in various settings. Because psychiatric treatment and research raises unique ethical, legal, and social issues, we conducted a scoping review of the biomedical, bioethics, and psychology literature regarding the application of genetic and genomic tools to psychiatric disorders (as listed in the DSM-5) and two associated behaviors or symptoms to provide a more detailed overview of the state of the field. Objectives The (...) primary objective was to examine the available bioethics, biomedical, and psychology literature on applying genetic and genomic tools to psychiatric disorders (other than neurodevelopmental disorders) and two behaviors or symptoms sometimes associated with them (aggression or violence and suicidality) to identify the disorders to which these tools have been applied, the contexts in or purposes for which they have been applied, the ethical, legal, or social concerns associated with those uses, and proposed recommendations for mitigating those concerns. Methods We used Arksey and O’Malley’s scoping review framework: (1) identify the research question; (2) identify relevant studies; (3) select studies; (4) chart the data; and (5) collate, summarize, and report results (2005). We relied on Levac et al. to inform our application of the framework (2010). The PRISMA extension for scoping reviews checklist informed our reporting (2018). We searched three electronic databases MEDLINE (PubMed), Embase, and PsycInfo (EbscoHost) for peer-reviewed journal articles in English to identify relevant literature. One author screened the initial results and additional screening was done in consultation with other authors. A data extraction form using DSM-5 diagnostic categories (excluding neurodevelopmental disorders) was developed and two authors independently each reviewed approximately half of the articles. Inter-rater reliability was ensured by double-coding approximately 10% of the papers. An additional author independently coded 10% of the articles to audit the data. Results In 365 coded publications, we identified 15 DSM-5 diagnostic categories in addition to the two pre-selected behaviors or symptoms (aggression or violence and suicidality) to which genetic or genomic tools have been applied. We identified 11 settings in or purposes for which these tools were applied. Twenty-two types of ethical, legal, or social concerns associated with the application of genetic or genomic tools to these disorders or behaviors/symptoms were identified along with 13 practices or policies that could mitigate these concerns. Conclusion Genetic and genomic tools have been applied to a wide range of psychiatric disorders. These raise a range of ethical, legal, and social concerns. Additional research is warranted to better understand the concerns and effective ways to address them. Advancing the literature to identify relevant ethical, legal, or social concerns and solutions to those problems likely requires greater attention to specific applications of genetic or genomic tools to particular psychiatric disorders and associated behaviors/symptoms as well as broad stakeholder engagement. (shrink)

In Africa, the human person is the supreme force, the most powerful and dominant among all created beings. While this decreed power makes the lower beings subservient to humanity, it is only intended to be a source of harmony in the advancement of the hospitality and the joy of the human species. Today, however, the traditional lifestyles of Africans are threatened with virtual extinction by insensitive development over which the indigenous peoples have no participation. Africa has not only acquiesced a (...) scientific technology that has developed its own laws far removed from the known system of nature, it has no self-limiting principle in terms of size, speed and violence to nature and humanity. Consequent upon this incongruity, the machine has replaced the human person thus degrading the ecology and resources necessary for harmonious living. This chapter argues that, African endogenous knowledge is strategic heritage resource to salvage the technologically abused environment for sustainable agro-ecological living. The chapter argues further that African endogenous knowledge system encodes environmental management and policies for resource development in Africa’s complex and ageing ecological system. In doing this, we engage in conversation about current and potential land sovereignty work in African Indigenous communities. This will achieve food security and improved nutrition, promote sustainable agriculture and improved economic status of the African indigenous farmer. We conclude that, in seeking the whole from the units of the earth resources through cultivation of the soil, the African derives high credit balance of spiritual good, virtuous life, self-reliance, courage and moral integrity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CRUCIFIXION: ACCIDENT OR DESIGN? Sebastian Moore, O.S.B. Downside Abbey Lastyear I was visited by an old friend from my Liverpool days. Mike and I had worked together with the young of the parish, and one summer the two of us took a couple of boys camping in France, a trial of patience which made us known to each other at some depth. He was in fact a passionately convinced (...) Catholic, and very pastoral with it. We had many and long theological discussions. On his recent visit to Downside, I was showing him and some friends round our church, when, à propos ofquite what I don't remember, he made a remark about the Catholic cult of suffering, and said, "and it's all because ofthe crucifixion, isn't it? Why don't we recognize that the crucifixion was an accident?" I didn't react, because I was dumbfounded at what seemed to be the denial ofthe mystery ofthe cross by a friend who I had no reason to believe had stopped being a Catholic. And I'm sure he hasn't. He would certainly have told me ifhe had. It has taken me over a year to figure out what is going on here, and this would not have been possible without intensive study of the work of René Girard. The only alternative to saying that the crucifixion was an accident is to say that it was "ordained by God." It is only as ordained by God that this horrible event could be presented to people as a divine affirmation that suffering is to be sought and espoused. Also, it is only as ordained by God that the crucifixion can be thought of as "appeasing God" in some way. Both the moral and the dogmatic implication ofthe crucifixion—that suffering is a good thing, and that God required a victim—are grounded in the notion that God required the crucifixion ofhis Son. And it is because this idea is quite unacceptable, unworthy of God and ofthe human mind made in God's image, that my friend concludes that the crucifixion was not required by God, not written into the eternal scheme ofthings, but an accident. 156Sebastian Moore Once the problem is clarified in these terms, more and more instances come to mind, of rejection, by Christians and others, of the whole divine ordination ofthe cross. Gore Vidal refers to Christianity as "that lugubrious religion." Mary Hunt, a prominent American Catholic feminist, introduced a workshop with the statement, "we are not about naked guys nailed to crosses, blood all over the place!" Where divine ordering is accepted the special painfulness and darkness ofthe idea is noted. Anselm refers to the doctrine as the Narnia Chronicles, to commend the notion, by referring to a dark law written into the nature ofthings beyond our comprehension. The children's suggestion that Asian should simply not comply with the Snow Queen's requirement is rejected by Asian with a mysterious impatience—the children justhaven't grown up, like the romantics who, according to Matthew Arnold, "did not know enough." Again, during a day on "the roots of violence" that I led here yesterday there was much questioning about the role ofGod die Father in the crucifixion. The problem is crystallized in the famous cry from the cross, "Why have you forsaken me?" To my confessedly lame suggestion that Jesus was "only quoting a psalm," someone remarked, "to quote that psalm at thatjuncture and not mean it, is somewhatmisleading!" Again it's the same problem. How can God be understood as ordaining the crucifixion, compatibly with the notion of God as all-loving which Christianity of course affirms? Hans Urs Von Balthasar, who is 90% pro-Girard, in the other 10% wants to hold on to something he calls "the wrath of God." Thus the seeming necessity of having God require and ordain the crucifixion is the main crisis of Christian belief. The six-year-old Willie, in Thomas Klise's amazing novel, The Last Western, puts the problem with childlike directness. He keeps interrupting catechism class with, "Why did God kill Jesus?" and is shushed by Sister. I recall that Illtyd Trethowan said to... (shrink)

Acts of violence arising from hatred, racism, and bigotry have no place in a world of civility. The brutal attacks on Muslim worshippers at two mosques in Christchurch, New Zealand, leaving 51 dead and 49 injured, can never be justified. Through adopting Van Dijk's ideological square of 'Us. vs. Them' [3], the present study uncovers the impact statements of the attacks' survivors and victims' families, denouncing the severity of the event and expressing the shattering effects of the attacks on (...) self, society, and humanity at large. Over a period of three days, about 90 people delivered their statements in the High Court in Christchurch. The data were compiled through YouTube videos and news articles that reported the testimonies. The findings showed that the overall discursive strategy used in the impact statements is that of positive self-presentation and negative other-presentation. Such presentations are realized by focusing on the positive aspects of the ingroup members represented by the attacks' survivors, victims' families, and people of New Zealand on the one hand, and the negative characteristics of the out-group members represented by the terrorist, on the other. As the paper sends a strong message for accepting 'otherness' and rejecting antagonism, it is of significance to readers and researchers in inter-faith dialogue, human rights, equality, freedom, and justice. (shrink)

Controlling access to the Internet by means of filtering softwarehas become a growth industry in the U.S. and elsewhere. Its usehas increased as the mandatory response to the current plagues ofsociety, namely, pornography, violence, hate, and in general,anything seen to be unpleasant or threatening. Also of potentialconcern is the possible limitation of access to Web sites thatdiscuss drugs, without distinguishing advocacy from scientificand informed analysis of addiction. With the rise of an effectivecreationist movement dedicated to the elimination of evolutionarytheory (...) in the curriculum, it is to be expected that attempts willbe made to limit access to sites presenting such theories, incertain jurisdictions in the U.S. The current preferred method ofchoice to limit access is to filter content either by blockingaccess to specific Web sites, referred to by their URLs, or byusing a large set of keywords to prevent accessing sites thatcontain one or more of these words. Another more insidious schemeis to encourage or even require every Web site to rate itscontent along a number of dimensions, including violence,language, sexual explicitness, and nudity. Then individualbrowsers can be programmed to return references only to thosesites that fall below a pre-specified profile. The dangers forfree speech inherent in such schemes will be discussed. Effortsto produce legislation in the U.S. to mandate the use offiltering or rating programs will be described, as will somerecent court decisions involving their use in libraries. (shrink)

The article examines a series of trials involving the November 1938 destruction of the synagogue in Lörrach, Germany, held between 1947 and 1949. The alleged ringleader of the pogrom was acquitted, as were some of his codefendants. These acquittals, together with the probationary terms offered to several of the defendants, suggest that the South Baden authorities had found they could censure Nazi violence toward Jews through criminal indictment and conviction, while simultaneously reintegrating compromised individuals – some of them now (...) burdened with a criminal record for crimes of violence against Jews – into the new West German polity. The article examines the case in light of Émil Durkheim’s normative-integrative theory of criminal law/criminal deviance, suggesting that the history of the trials requires qualification of Durkheim’s theory as applied to human rights abuses by agents of the nation-state. (shrink)

One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially corruptible. (...) On this account, Machiavelli says that a State can only maintain its authority through a continuous return to the originary moment, viz. to the revival of the experiences of "fear", "terror" and "punishment" lived in the originary event of the foundation. For that reason, in the origin of law is also the violence, whose combined function is to provide legitimacy to its exercise by the State apparatus as the only form to preserve political life from ruin.Uma das mais famosas e inovadoras teses de Maquiavel é a afirmação de que as boas leis nascem dos conflitos sociais, segundo o exemplo romano das oposições entre plebe e nobres. Os conflitos são capazes de produzir ordem por conter a força constritiva própria da necessidade, que impede a ambição de reinar. Contudo, a lei não neutraliza o conflito, mas apenas lhe dá uma ordenação. A lei está, pois, exposta à história, à contínua mudança, o que significa dizer que é potencialmente corruptível. Por causa desta possibilidade, Maquiavel afirma que um Estado somente mantém sua autoridade por meio de um retorno contínuo ao momento da origem, isto é, à revivência da experiência do "medo", do "terror" e da "punição" do acontecimento originário da fundação. Assim, na origem da lei está a violência, cuja função é proporcionar a legitimação de seu exercício pelo aparato estatal como única forma de preservar da ruína a vida política. (shrink)

Conceptualized outside the theoretical framing of both liberal as well as critical approaches, this book re-imagines the law by exploring the contradictions and polarities of in terms of its relationship with violence. It encompasses and interweaves themes and ideas as diverse as death penalty, community might, state sovereignty on the one hand, to animal rights, sexual consent, children's agency and LGBT rights, on the other. While acknowledging that law is fundamentally and inherently tied to violence, the objective of (...) this eclectic collection is to respond to and engage with the violence of law by exploring alternate ways of conceptualizing, reading, practising, and making the law. (shrink)

Scenes of violence and incisions into the flesh informeethe demand for law. The scene of little girls being held down in practices of female circumcision has been a defining and definitive image that demands the attention of human rights, and the intervention of law. But the investment in protecting women and little girls from such a cut is not all that it seems.eeLaw's Cuteeon theeeBody of Human Rights: Female Circumcision, TortureeeandeeSacred Flesheeconsiders how such imageseecome to inform laweeand the investment (...) of advocates of law in an imagination of this scene. Drawing on psychoanalytic andeepostcolonialeetheory, and accompanying ideas in political theology, Juliet Rogers examines the language, imagery and excitement that accompanies recenteeinitiatives to legislate against what is called 'female genital mutilation'. The author compliments this examination witheea consideration of the scene of torture exposed in images from Abu Ghraib and Guantanamo Bay.eeRogers argues that the modes ofeefascination and excitement that accompanyeesceneseeof torture and female circumcisioneebetray the fantasy of aeepolitical conditioneeagainst which the subject of liberal law is imagined; this is subjectivityeein aeestate of non-mutilation, non-prohibition or, in a psychoanalytic idiom, non-castration.eeTo support the fantasy of this subject,eethe mutilated subject, the authors suggests, is rendered as flesh cut from the democratic nation state, deserving of only selective human rights, or none at all. (shrink)

This article explores the gender dynamics of ‘causing or allowing a child to die’, contrary to the Domestic Violence, Crime and Victims Act 2004, section 5. This offence was intended to allow for prosecution where a child had been killed and it was uncertain who had killed him/her, but also to allow for prosecution of non-violent defendants who failed to protect him/her. More women than men have been charged and convicted of this offence signifying a reversal of usual patterns (...) of prosecution and conviction. This analysis interrogates how section 5 criminalises women who have experienced domestic abuse. Drawing on a case observation, reported cases and media reports of cases, I suggest this offence derives from and perpetuates patriarchal constructs of motherhood. Grounded in a feminist approach building on women’s concrete experiences of law, I conclude that section 5 should be amended so that it is only used where it cannot be ascertained which defendant actively harmed a child. (shrink)

Vulnerability acts as a touchstone in this issue as we find our contributors reflecting on its intersection with gender and sexuality in different ways. Saeidzadeh draws out the significance of misrecognition in her consideration of responses to transsexuality in Iran, while Doonan highlights the potential pitfalls of relying on situational vulnerability in her critique of anti-trafficking legal discourse in the US. Lindsey considers the legal potential of situational vulnerability as a tool to address the ‘persistent failure to take action against (...) abuse’ in the UK. Durojaye and Oluduro contribute to the recent revitalisation in asking ‘the woman question’ by drawing on African law and literature to flesh out the development of a gender-sensitive, substantive equality approach from the jurisprudence of the African Commission on Human and Peoples’ Rights as it addresses vulnerability to violence. The reviewers continue this international conversation as they address recent contributions on sexuality, family formation and social security. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of compliance and implementation. (...) Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

In France, John Baptist Say has the merit of producing a very superior work on the subject of Political Economy. His arrangement is luminous, ideas clear, style perspicuous, and the whole subject brought within half the volume of [Adam] Smith's work. Add to this considerable advances in correctness and extension of principles.

The three texts addressed in this review essay challenge us to question and creatively re-imagine the representation of material spaces at the centre of the colonial project: oceans, islands, ships and archives. Elizabeth McMahon deconstructs the island and its metaphorics, charting the relationship of geography, politics and literature through the changing status of islands, as imagined by colonists, beginning in the Caribbean and ending in Australia. Renisa Mawani destabilises colonial geography by re-animating the ocean and presents, amongst others, the ship (...) and the ocean, as both method and juridical form. Writing against the ‘free sea’, Mawani addresses the imperial reliance on control of the ocean and the intensive juridification of the sea. Stewart Motha re-imagines law’s aggressive acts of adjudication, and challenges its originary fictions by exploring the logic, aesthetics and violence of legal processes that preserve and disavow the past at the same time. Each monograph considers the imaginaries, fictions and material geographies of colonialism, alongside how these imaginaries have been used as sites of counter-claim and resistance by those subjected to their technologies. (shrink)

This is a first attempt at consolidating and extending the lists of biographies of historians of science compiled by George Sarton, Aldo Mieli and François Russo. In doing so, a systematic examination has been made of the Dictionary of scientific biography, and of the relevant parts of the Isis cumulative bibliography and Kenneth May's Bibliography and research manual of the history of mathematics. Material for a supplement is being collected. Readers are invited to send additional material along with their comments.

In ‘Force of Law’, Derrida’s discussion of the ‘unstable’ distinction between law and justice exemplifies the deconstructive double bind and makes this a very significant text in virtue of its juridical, political and ethical import. The first section focuses on Derrida’s deployment of the polysemous term ‘force’. ‘Force’ refers to the enforceability of the law but also to the performative and interpretative foundational violence at the moment when a new order of legality is instituted. In the second section, I (...) argue that Derrida’s insistence on the differential relation between law and justice and on the corollary deconstructibility of the law leads to a critique of the current legal system and its axiomatics. I show that deconstruction appeals to unconditional justice in order to call for an excessive responsibility on the part of the legal system, to broaden the category of subject of law, and to have an impact on the lives of others in the margins of the established political order. (shrink)

This essay attempts to elaborate a political theory of capital’s violence. Recent analyses have adopted Karl Marx’s notion of the “primitive accumulation of capital” for investigating the forcible methods by which the conditions of capital accumulation are reproduced in the present. I argue that the current scholarship is limited by a certain functionalism in its theorization of ongoing primitive accumulation. The analytic function accorded to primitive accumulation, I contend, can be better performed by the concepts of “capital-positing violence” (...) and “capital-preserving violence.” In coining these new concepts, I first refine the conceptual core of primitive accumulation as the coercive capitalization of social relations of reproduction, which falls into sharpest relief in the violent history of colonial capitalism. I then elucidate this conceptual core with reference to Carl Schmitt’s account of European colonial expansion and Walter Benjamin’s reflections on law-making and law-preserving violence. The resultant concepts of capital-positing and capital-preserving violence, I conclude, can illuminate both the historical and the quotidian operations of the politico-juridical force that has been constitutive of capitalism down to our present moment. (shrink)

Since the end of the absolute monarchy in Thailand on June 24, 1932, the rulers and the ruled have been locked into struggle, often violent, over what form the polity and the people’s participation in it should take. This essay examines this struggle, the imagination of justice, and the inability to consolidate democracy, or even a stable government, through the lens of the monarchy, which has remained beyond accountability. Violence committed to preserve the monarchy forecloses democracy and fosters a (...) form of what can be called modern absolutist monarchy, when some lives are visibly placed beyond the law’s protection from violence and others are made dispensable by being made subject to repressive enforcement of the law. The emergence in 2020 of a daring challenge to the position of the monarchy beyond the law refracts both the dangers it poses to democracy and the urgency of imagining a new Thai polity. (shrink)

The integration of digital phenotyping in psychiatry promises unprecedented insights into mental health, particularly in college settings where mental well-being is a growing concern. The COVID-19...