Criminal law and the proceedings surrounding it work, at least in theory, much like an author works when writing a play or a novel. Both the lawyer and the writer follow traditional formulae that allow them to create and express a vision of reality. When done well, the reality created is virtually seamless. This, however, is the point at which law and literary works diverge. Although we embrace creativity in literary endeavors, we would prefer that the foundation of our legal (...) system be something more substantial. Unfortunately, where US. criminal HIV exposure statutes are concerned, there appears to be little if any concrete connection between proscribed behaviors and what we know about HIV transmission risk. Twenty-four states in the U.S. make it a criminal offense for a person who has HIV to expose another to the virus through consensual sexual activities. The relationship between the activities prohibited by these laws and actual risk of virus transmission is tenuous at best. (shrink)

Criminal law and the proceedings surrounding it work, at least in theory, much like an author works when writing a play or a novel. Both the lawyer and the writer follow traditional formulae that allow them to create and express a vision of reality. When done well, the reality created is virtually seamless. This, however, is the point at which law and literary works diverge. Although we embrace creativity in literary endeavors, we would prefer that the foundation of our legal (...) system be something more substantial. Unfortunately, where US. criminal HIV exposure statutes are concerned, there appears to be little if any concrete connection between proscribed behaviors and what we know about HIV transmission risk. Twenty-four states in the U.S. make it a criminal offense for a person who has HIV to expose another to the virus through consensual sexual activities. The relationship between the activities prohibited by these laws and actual risk of virus transmission is tenuous at best. (shrink)

Twenty-four U.S. states have enacted HIV exposure laws that prohibit HIV-positive persons from engaging in sexual activities with partners to whom they have not disclosed their HIV status. There is little standardization among existing HIV exposure laws, which vary substantially with respect to the sexual activities that are prohibited without prior serostatus disclosure. Logical analysis and mathematical modeling were used to explore the HIV prevention effectiveness of two types of HIV exposure laws: “strict” laws that require HIV-positive persons to disclose (...) their serostatus to prospective partners prior to any sexual activity and “flexible” laws that require seropositive status disclosure only prior to high-risk sex . These laws were compared relative to each other and to a no-law alternative. The results of these analyses indicate that, under most circumstances, both strict and flexible exposure laws can be expected to reduce HIV transmission risk relative to the no-law alternative, with flexible exposure laws producing the greater reduction in risk. This study demonstrates how logical analysis and mathematical modeling techniques can make an important contribution to the construction of a rational basis for decisions about a highly contested public health policy issue. (shrink)

Twenty-four U.S. states have enacted HIV exposure laws that prohibit HIV-positive persons from engaging in sexual activities with partners to whom they have not disclosed their HIV-status. From a public health perspective, HIV serostatus exposure laws can be viewed as structural interventions that seek to limit the spread of HIV by acting at the policy level. A central premise of these laws is that informed partners are more likely to protect themselves by declining sex, by substituting less risky activities for (...) higher-risk ones, or by using condoms, than are uninformed partners. However, the effectiveness of these laws at preventing HIV transmission is not known.There is little standardization among existing HIV exposure laws, which vary substantially with respect to the sexual activities that are prohibited without prior serostatus disclosure. Among the strictest laws are those in Arkansas, Michigan, New Jersey, and Ohio which mandate disclosure prior to almost any type of sexual contact. (shrink)

In his comments on the film version of Schindler’s List, James B. Pinkerton, writing in New York Newsday, blames Hegel - and Hegel above all others - for Nazism. He charges Hegel with undermining “the last bulwark of liberty and safety we have in a world populated by the imperfect: the rule of law.” Pinkerton further suggests, “One can perhaps build a respectable ideology out of a Hegelianism … but it’s much easier to just write ‘totalitarianism’ on such (...) a political blank check.”. (shrink)

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that (...) makes conspirators criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

Is observational indiscriminability non-transitive? This was once an accepted truth, and it was used by philosophers like Armstrong and Dummett to argue against the existence of appearances (sense data, sensory items). It was objected, however, early on by Jackson and Pinkerton, and more recently by vagueness contextualists like Raffman and Fara, that the case for non-transitivity is flawed. The reason is the context dependence of appearance. I argue here that if we take context dependence properly into account, we still (...) have (a modified version of) non-transitivity, and that therefore we still face the problem of appearances. (shrink)

In the twenty-first century, the debate about life on other worlds is quickly changing from the realm of speculation to the domain of hard science. Within a few years, as a consequence of the rapid discovery by astronomers of planets around other stars, astronomers very likely will have discovered clear evidence of life beyond the Earth. Such a discovery of extraterrestrial life will change everything. Knowing the answer as to whether humanity has company in the universe will trigger one of (...) the greatest intellectual revolutions in history, not the least of which will be a challenge for at least some terrestrial religions. Which religions will handle the discovery of extraterrestrial life with ease and which will struggle to assimilate this new knowledge about our place in the universe? Some religions as currently practiced appear to only be viable on Earth. Other religions could be practiced on distant worlds but nevertheless identify both Earth as a place and humankind as a species of singular spiritual religious importance, while some religions could be practiced equally well anywhere in the universe by any sentient beings. Weintraub guides readers on an invigorating tour of the world's most widely practiced religions. It reveals what, if anything, each religion has to say about the possibility that extraterrestrial life exists and how, or if, a particular religion would work on other planets in distant parts of the universe. (shrink)

Although vicarious liability for the acts of co-conspirators is firmly entrenched in federal courts, no adequate theory explains how the act and intention of one conspirator can be attributed to another, simply by virtue of their criminal agreement. This Article argues that the most promising avenue for solving the Pinkerton paradox is an appeal to the collective intention of the conspiratorial group to commit the crime. Unfortunately, misplaced skepticism about the notion of a group will has prevented criminal scholars (...) from embracing the notion of a conspiracy's collective intention to commit a crime. However, positing group intentions requires only that the criminal law recognize the rational relationships between individuals who decide to collectivize reason to pursue a common criminal goal; no burdensome theory of corporate animals with unified minds is required. After exploring the different rational structures that a conspiracy can have, the Article outlines the circumstances when vicarious liability could be justified. Specifically, liability must be limited to participants in tightly knit conspiracies who engage in the kind of common deliberation that is capable of yielding collective intentions. A further consequence of this theory is that liability must be restricted to acts that fall within the scope of the criminal plan, not just acts that should have been reasonably foreseeable to members of the conspiracy. (shrink)

El desarrollo de la ciencia y la tecnología y de las competencias técnicas ha impulsado el desarrollo de las sociedad haciéndolas más complejas, causando que las aptitudes emocionales se conviertan en factores de éxito, ya que afectan el desempeño humano en todos los escenarios donde se desenvuelve, no obstante a pesar de las investigaciones en este área, actualmente no se cuenta con modelos que relacionen dichas aptitudes con el rendimiento organizacional, lo cual dio origen a esta investigación que busca determinar (...) el impacto de dichas competencias en la ejecución de proyectos en la empresa ENGISERV VENEZUELA C.A. Para realizar el estudio la metodología usada considero que se trata de una investigación de campo, no experimental y transversal. La población fue de 35 expertos en proyectos y la muestra se seleccionó por el método probabilístico aleatorio simple, Concluyéndose que las competencias emocionales afectan el rendimiento de los proyectos cerca 83,4%. Palabras Clave: Inteligencia emocional, competencias emocionales, rendimiento de proyectos. Referencias [1]J. García. «Caminos de la reflexión La teoría Orteguiana de las ideas y las creencias en el contexto de la escuela de Madrid».Edición 8, España: Biblioteca Nueva 2009. [2]D. McClelland. «Testing for Competencies rather than intelligence». American Psychologist. Edicion 1, NewYork, Harvard University 1973. [3]Levy-Leboyer, Claude. «Gestión de las Competencias».Edición 1, Ediciones Gestión 2000. Barcelona, España 1997. [4]R. Bisquerra. “Educación emocional y competencias básicas para la vida”. RIE, vol 21, pp. 1, 7-43. Junio 2003. [5]R. Fragoso "Inteligencia emocional y competencias emocionales en educación superior, ¿un mismo concepto?” RIES, vol. VI, no. 16, pp.110-125. Marzo 2015. [6]J. Sánchez “La competencia emocional en la escuela: una propuesta de organización dimensional y criterial”, RFEA. vol. 25, pp. 79-96, Abril 2010”. [7]Goleman, D. «Working with emotional intelligence». Bantam. 1998. [8]M. Vivas "La educación emocional: conceptos fundamentales." RUI, vol. 4, no. 2, pp.1-21. Agosto.2003. [9]W. Pinkerton. «Project management achieving project bottom-line success», Edicion 1, Pennsylvania Mc-Graw-Hill, 2003. [10]D. Goleman. «Inteligencia emocional en la empresa» Barcelona, España. Editorial Kairós, 2018. [11]C. Michelena. «Estrategias para la elaboración de un proyecto de investigación». Caracas: Insertos Médicos de Venezuela, 2004. [12]R. Sierra. «Técnicas de Investigación Social». Buenos Aires: Editorial Paraninfo.1992. [13]P. Baptista. C. Fernández y R Hernández. “Metodología de la investigación”. México DF: McGraw–Hill.2010. [14]M. Carbonero. “Formación inicial docente y competencias emocionales”: Educ. Pesqui. vol.45. pp.3-20 Abril, 2019. [15]American Management Association. «Leading with emotional intelligence», Nueva York, AMA 2012. (shrink)

“Father” Zachary Hale Comstock is a self‐professed prophet, religious zealot, and racist, who has kept his “heir” under lock and key in the floating city of Columbia. Booker DeWitt is a washed‐up, disgraced ex‐Pinkerton agent haunted by his participation in the Wounded Knee Massacre. He enters Columbia to rescue Elizabeth in exchange for having his gambling debts settled. After much bloodshed, Booker saves Elizabeth and kills Comstock. In the past, Booker attended a baptism to assuage his guilt over Wounded (...) Knee. In some worlds he rejected the baptism, got married, had a daughter, Anna, and ended up as an indebted alcoholic ex‐Pinkerton agent. In the Comstock world, Anna is renamed Elizabeth in order to conceal her true origins. BioShock Infinite paints a metaphysical picture that treats the many‐worlds interpretation of quantum mechanics as reality. (shrink)

Pursuing Justice, Second Edition, examines the issue of justice by considering the origins of the idea, formal systems of justice, current global issues of justice, and ways in which justice might be achieved by individuals, organizations, and the global community. Part 1 demonstrates how the idea of justice has emerged over time, starting with religion and philosophy, then moving to the justice as a concern of the state, and finally to the concept of social justice. Part 2 outlines the very (...) different mechanisms used by various nations for achieving state justice, including systems based on common law, civil law, and Islamic law, with a separate discussion of the US justice system. Part 3 focuses on four contemporary issues of justice: war, genocide, slavery, and the environment. Finally, Part 4 shows how individuals and organizations can go about pursuing justice, and describes the rise of global justice. This updated timely book helps students understand the complexities and nuances of a society's pursuit of justice. It provides students with the foundations of global justice systems, integrating Greek philosophies and major religious perspectives into a justice perspective, and contributes to undergraduate understanding of international justice bodies, NGOs, and institutions. New edition is completely updated and revised to achieve relevance for today's students Covers concepts of justice as well as ideas for pursuing and achieving justice Examines how our modern laws began, and traces their evolution to today's laws Presents concepts and issues in justice studies as well as a comparison of several systems of law Teaching resources include discussion questions and real-world examples. (shrink)

This essay brings psychoanalytic theory on trauma together with film and television criticism on rape narrative in an analysis of Michael Coel’s 2020 series I May Destroy You. Beyond the limited carceral framework of the police procedural, which dislocates the act of violence from the survivor’s history and context, Coel’s polyvalent, looping narrative metabolizes rape television’s forms and genres in order to stage and restage both trauma and genre again and anew. Contesting common conceptions of vulnerability and susceptibility that prefigure (...) a violent breach of autonomy, Coel’s series and her interviews about it invite an ethics of looking that embraces a curiosity in the unknowable and untreatable kernel of subjective experience and defies and resists a policing of the survivor’s thoughts and emotions. By emphasizing and exploring what psychoanalysis calls the “afterwardness” of trauma, Coel foregrounds her main character’s subjectivity prior to her victimization, widens the sphere of consequence beyond the victim and criminal justice system to the survivor’s larger community, and entreats that community to preserve a space for her to look and look again at everything, without judgment. (shrink)

It is argued that causal understanding originates in experiences of acting on objects. Such experiences have consistent features that can be used as clues to causal identification and judgment. These are singular clues, meaning that they can be detected in single instances. A catalog of 14 singular clues is proposed. The clues function as heuristics for generating causal judgments under uncertainty and are a pervasive source of bias in causal judgment. More sophisticated clues such as mechanism clues and repeated interventions (...) are derived from the 14. Research on the use of empirical information and conditional probabilities to identify causes has used scenarios in which several of the clues are present, and the use of empirical association information for causal judgment depends on the presence of singular clues. It is the singular clues and their origin that are basic to causal understanding, not multiple instance clues such as empirical association, contingency, and conditional probabilities. (shrink)

Suppose that entities composed of two distinct components can be qualitatively ordered in two ways, such that each ordering relation satisfies the axioms of conjoint measurement. Without further assumptions nothing can be said about the relation between the pair of numerical scales constructed for each component. Axioms are stated that relate the two measurement theories, and that are sufficient to establish that the two conjoint scales on each component are linearly related.

In lieu of an abstract, here is a brief excerpt of the content:Historical Representation and the Nation-State in Romantic Belgium (1830–1850)Jo TollebeekThe transformation of the Ancien Régime society of estates into the modern state system as it exists in Europe today was concluded during the “long nineteenth century.” This process of transformation came about in two waves. In a first wave—during the decades preceding and following the French Revolution, roughly the years 1780-1848—the framework for the nation-state was created. It was (...) mainly the liberal bourgeoisie which stood at the forefront. After the Congress of Vienna, where the “ante bellum” situation had been restored, it led more or less successful national revolutions in Germany, Italy, Spain, Belgium, and Poland. In a second wave, starting with the Franco-Prussian War of 1870 and ending with the First World War, the framework of the nation-state was filled in. In those years a growing number of social groups found accommodation in the liberal house, which they also managed thoroughly to rebuild. This period can be described as the phase of integrated nationalism.Together with the nation-state came the rise of modern national his-toriography. The most well-known exponents of this typically nineteenth-century genre were the monumental outlines of national pasts which started appearing from 1890 onward. Karl Lamprecht in Germany (Deutsche Geschichte, 1890–1909), Pieter Jan Blok in the Netherlands (Geschiedenis van het Nederlandsche Volk, 1892–1908), Henri Pirenne in Belgium (Histoire de Belgique, 1900–1932), and Ernest Lavisse and his collaborators in France (Histoire de France, 1901–11) all gave their respective countries’ pasts an impressive, scholarly design. The first phase of the emergence of the nation-state, however, was also ac-companied by a stream of national histories. Johannes von Müller in Switzerland (Geschichten Schweizerischer Eidgenossenschaft, 1786–1808), Simonde de [End Page 329] Sismondi in Italy (Histoire des Républiques italiennes du Moyen Age, 1807–18), Augustin Thierry in France (Lettres sur l’Histoire de France, 1820–27), and Willem Bilderdijk in the Netherlands (Geschiedenis des Vader-lands, posthumously 1833–53) all became authors of patriotic and romantically tinted surveys and studies of (fragments from) their own national history.The work of this second group of historians fits with the cultural nationalism which took root during the last decades of the eighteenth and the beginning of the nineteenth centuries and which is sometimes considered to have been the heart of romantic nationalism. 1 The supporters of this nationalism were con-vinced that culture, lifestyle, and social institutions could only be understood as the expression of the “soul,” the “spirit,” or the “character” of a people or nation. They tried to deduce this individual character through the language, popular literature, art, and “national” (as opposed to Roman) law, as is demonstrated by the Gaelic revival in Ireland. 2 History, however, also attracted their interest; the nation and the people were after all considered to be dynamic entities which developed along the lines of a multiple causal process. In England, for example, where nationalism arose as a protest against excessive foreign—French—cultural influence, a group of historians, among them Catherine Macaulay and John Pinkerton, started publishing nationalistic histories during the early years of George III’s reign, paying special attention to the origin of the English people. 3 Such cultural nationalism could, however, easily take on political overtones, especially when it was the nationalism of a people who were either stateless or dispersed throughout different states, or whose state was still young.These earliest national histories were meant as a contribution to the formation, consolidation, and confirmation of a national identity. Their writers had to lend unity, specificity, and continuity to the national past. They had to, as Novalis observed in 1798, “organize historical essentials.” 4 Their work was less a matter of reconstruction than of construction. It not only required the exploration of a hitherto unknown field, but first and foremost the resolution of new problems of representation inherent in the writing of “national biographies.” In this essay, I shall discuss some of these problems in the light of Belgian national historical writing from 1830 through 1850. The year 1830 constitutes an important watershed in the history of national movements... (shrink)

I argue that, contrary to widespread philosophical opinion, phenomenal indiscriminability is transitive. For if it were not transitive, we would be precluded from accepting the truisms that if two things look the same then the way they look is the same and that if two things look the same then if one looks red, so does the other. Nevertheless, it has seemed obvious to many philosophers (e.g. Goodman, Armstrong and Dummett) that phenomenal indiscriminability is not transitive; and, moreover, that this (...) non-transitivity is straightforwardly revealed to us in experience. I show this thought to be wrong. All inferences from the character of our experience to the non-transitivity of indiscriminability involve either a misunderstanding of continuity, a mistaken interpretation of the idea that we have limited powers of discrimination, or tendentious claims about what our experience is really like; or such inferences are based on inadequately supported premisses, which though individually plausible are jointly implausible. (shrink)

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)

Effective public policy to mitigate climate change footprints should build on data-driven analysis of firm-level strategies. This article’s conceptual approach augments the resource-based view of the firm and identifies investments in four firm-level resource domains to develop capabilities in climate change impact mitigation. The authors denote the resulting framework as the GISTe model, which frames their analysis and public policy recommendations. This research uses the 2008 Carbon Disclosure Project database, with high-quality information on firm-level climate change strategies for 552 companies (...) from North America and Europe. In contrast to the widely accepted myth that European firms are performing better than North American ones, the authors find a different result. Many firms, whether European or North American, do not just “talk” about climate change impact mitigation, but actually do “walk the talk.” European firms appear to be better than their North American counterparts in “walk I,” denoting attention to governance, information management, and systems. But when it comes down to “walk II,” meaning actual Technology-related investments, North American firms’ performance is equal or superior to that of the European companies. The authors formulate public policy recommendations to accelerate firm-level, sector-level, and cluster-level implementation of climate change strategies. (shrink)

SECTION ONE THE STATE OF OURWORLD It may easily be said that our so called modern twentieth century was one of the most barbaric and wasteful centuries of human history. Here are the statistics: World War I (9.7 million military and 9 ...

Study of the works of Devacandragaṇi, Jaina philosopher.

Articles on Jainism doctrines and philosophy, refuting theories of other religions.