Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)

This expanded second edition carries forward the initial insights into the biological and existential significances of animation by taking contemporary research findings in cognitive science and philosophy and in neuroscience into critical and constructive account. It first takes affectivity as its focal point, elucidating it within both an enactive and qualitative affective-kinetic dynamic. It follows through with a thoroughgoing interdisciplinary inquiry into movement from three perspectives: mind, brain, and the conceptually reciprocal realities of receptivity and responsivity as set forth in (...) phenomenology and evolutionary biology, respectively. It ends with a substantive afterword on kinesthesia, pointing up the incontrovertible significance of the faculty to cognition and affectivity. Series A. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Born of a terrible insomnia—"a dizzying lucidity which would turn even paradise into hell"—this book presents the youthful Cioran, a self-described "Nietzsche still complete with his Zarathustra, his poses, his mystical clown's tricks, a whole circus of the heights." _On the Heights of Despair_ shows Cioran's first grappling with themes he would return to in his mature works: despair and decay, absurdity and alienation, futility and the irrationality of existence. It also presents Cioran as a connoisseur of apocalypse, a theoretician (...) of despair, for whom writing and philosophy both share the "lyrical virtues" that alone lead to a metaphysical revelation. "No modern writer twists the knife with Cioran's dexterity.... His writing... is informed with the bitterness of genuine compassion."—Bill Marx, _Boston Phoenix _"The dark, existential despair of Romanian philosopher Cioran's short meditations is paradoxically bracing and life-affirming.... Puts him in the company of Nietzsche and Kierkegaard."—_Publishers Weekly,_ starred review "This is self-pity as epigram, the sort of dyspeptic pronouncement that gets most people kicked out of bed but that has kept Mr. Cioran going for the rest of his life."—Judith Shulevitz, _New York Times Book __Review_. (shrink)

Born of a terrible insomnia—"a dizzying lucidity which would turn even paradise into hell"—this book presents the youthful Cioran, a self-described "Nietzsche still complete with his Zarathustra, his poses, his mystical clown's tricks, a whole circus of the heights." _On the Heights of Despair_ shows Cioran's first grappling with themes he would return to in his mature works: despair and decay, absurdity and alienation, futility and the irrationality of existence. It also presents Cioran as a connoisseur of apocalypse, a theoretician (...) of despair, for whom writing and philosophy both share the "lyrical virtues" that alone lead to a metaphysical revelation. "No modern writer twists the knife with Cioran's dexterity.... His writing... is informed with the bitterness of genuine compassion."—Bill Marx, _Boston Phoenix _"The dark, existential despair of Romanian philosopher Cioran's short meditations is paradoxically bracing and life-affirming.... Puts him in the company of Nietzsche and Kierkegaard."—_Publishers Weekly,_ starred review "This is self-pity as epigram, the sort of dyspeptic pronouncement that gets most people kicked out of bed but that has kept Mr. Cioran going for the rest of his life."—Judith Shulevitz, _New York Times Book __Review_. (shrink)

By the mid-1930s, Emil Cioran was already known as a leader of a new generation of politically committed Romanian intellectuals. Researching another, more radical book, Cioran was spending hours in a library poring over the lives of saints. As a modern hagiographer, Cioran "dreamt" himself "the chronicler of these saints' falls between heaven and earth, the intimate knower of the ardors in their hearts, the historian of God's insomniacs." Inspired by Nietzsche's _Beyond Good and Evil_, Cioran "searched for the origin (...) of tears." He asked himself if saints could be "the sources of tears' better light." "Who can tell?" he wrote in the first paragraph of this book, first published in Romania in 1937. "To be sure, tears are their trace. Tears did not enter the world through the saints; but without them we would never have known that we cry because we long for a lost paradise." By following in their traces, "wetting the soles of one's feet in their tears," Cioran hoped to understand how a human being can renounce being human. Written in Cioran's characteristic aphoristic style, this flamboyant, bold, and provocative book is one of his most important—and revelatory—works. Cioran focuses not on martyrs or heroes but on the mystics—primarily female—famous for their keening spirituality and intimate knowledge of God. Their Christianity was anti-theological, anti-institutional, and based solely on intuition and sentiment. Many, such as Catherine of Siena, Teresa of Avila, and Saint John of the Cross, have produced classic works of mystical literature; but Cioran celebrates many more minor and unusual figures as well. Following Nietzsche, he focuses explicitly on the political element hidden in saints' lives. In his hands, however, their charitable deeds are much less interesting than their thirst for pain and their equally powerful capacity to endure it. Behind their suffering and their uncanny ability to renounce everything through ascetic practices, Cioran detects a fanatical will to power. "Like Nietzsche, Cioran is an important religious thinker. His book intertwines God and music with passion and tears.... [_Tears and Saints_] has a chillingly contemporary ring that makes this translation important here and now."—_Booklist_. (shrink)

By the mid-1930s, Emil Cioran was already known as a leader of a new generation of politically committed Romanian intellectuals. Researching another, more radical book, Cioran was spending hours in a library poring over the lives of saints. As a modern hagiographer, Cioran "dreamt" himself "the chronicler of these saints' falls between heaven and earth, the intimate knower of the ardors in their hearts, the historian of God's insomniacs." Inspired by Nietzsche's _Beyond Good and Evil_, Cioran "searched for the origin (...) of tears." He asked himself if saints could be "the sources of tears' better light." "Who can tell?" he wrote in the first paragraph of this book, first published in Romania in 1937. "To be sure, tears are their trace. Tears did not enter the world through the saints; but without them we would never have known that we cry because we long for a lost paradise." By following in their traces, "wetting the soles of one's feet in their tears," Cioran hoped to understand how a human being can renounce being human. Written in Cioran's characteristic aphoristic style, this flamboyant, bold, and provocative book is one of his most important—and revelatory—works. Cioran focuses not on martyrs or heroes but on the mystics—primarily female—famous for their keening spirituality and intimate knowledge of God. Their Christianity was anti-theological, anti-institutional, and based solely on intuition and sentiment. Many, such as Catherine of Siena, Teresa of Avila, and Saint John of the Cross, have produced classic works of mystical literature; but Cioran celebrates many more minor and unusual figures as well. Following Nietzsche, he focuses explicitly on the political element hidden in saints' lives. In his hands, however, their charitable deeds are much less interesting than their thirst for pain and their equally powerful capacity to endure it. Behind their suffering and their uncanny ability to renounce everything through ascetic practices, Cioran detects a fanatical will to power. "Like Nietzsche, Cioran is an important religious thinker. His book intertwines God and music with passion and tears.... [_Tears and Saints_] has a chillingly contemporary ring that makes this translation important here and now."—_Booklist_. (shrink)

This book argues the case for a foundationalist ethics centrally based on an empirical understanding of human nature. For Maxine Sheets-Johnstone, “an ethics formulated on the foundations of anything other than human nature, hence on anything other than an identification of pan-cultural human realities, lacks solid empirical moorings. It easily loses itself in isolated hypotheticals, reductionist scenarios, or theoretical abstractions—in the prisoner’s dilemma, selfish genes, dedicated brain modules, evolutionary altruism, or psychological egoism, for example—or it easily becomes itself an ethical (...) system over and above the ethics it formulates,” such as the deontological ethics of Kantian categorical imperatives, the utilitarianism of Bentham and Mill, or the ethics of care. Taking her cue from Hume, especially his _Treatise on Human Nature_, where he grounds “the moral sense” in human nature seen as always in tension between the natural tendencies of selfish acquisitiveness and sympathy for others, Sheets-Johnstone pursues her phenomenological investigation of the natural basis of human morality by directing her attention, first in Part I, to what is traditionally considered the dark side of human nature, and then, in Part II, to the positive side. The tension between the two calls for an interdisciplinary therapeutic resolution, which she offers in the Epilogue by arguing for the value of a moral education that enlightens humans about their own human nature, highlighting both the socialization of fear and the importance of play and creativity. (shrink)

This paper takes five different perspectives on kinesthesia, beginning with its evolution across animate life and its biological distinction from, and relationship to proprioception. It proceeds to document the historical derivation of “the muscle sense,” showing in the process how analytic philosophers bypass the import of kinesthesia by way of “enaction,” for example, and by redefinitions of “tactical deception.” The article then gives prominence to a further occlusion of kinesthesia and its subduction by proprioception, these practices being those of well-known (...) phenomenologists, practices that exemplify an adultist perspective supported in large part by the writings of Merleau-Ponty. Following this extended critical review, the article shows how Husserl’s phenomenology enlightens us about kinesthesia and in doing so offers us substantive clues to the phenomenology of learning as it takes place in the development and acquisition of skillful movement. It shows further how phenomenological methodology contrasts markedly with existential analysis, most significantly in its recognition of, and its ability to set forth a developmental history, a veritable genetic phenomenology that is basically a phenomenology of learning anchored in kinesthesia. After showing how that phenomenology of learning finds mutual validation in a classic empirical study of infant movement, the article ends by highlighting how human “I cans” are grounded in “I move,” specifically, in the pan-human ability to learn one’s body and learn to move oneself. (shrink)

First published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

This article highlights a neglected, if not wholly overlooked, topic in phenomenology, a topic central to Husserl’s writings on animate organism, namely, animation. Though Husserl did not explore animation to the fullest in his descriptions of animate organism, his texts are integral to the task of fathoming animation. The article’s introduction focuses on seminal aspects of animate organisms found within several such texts and elaborates their significance for a phenomenological understanding of animation. The article furthermore highlights Husserl’s pointed recognition of (...) “the problem of movement,” movement being an essential dimension of animation if not definitive of animation itself. Succeeding sections testify to “the problem of movement” and the need to address it. They do so by answering the following basic questions: What indeed is livingly present in the experience of movement, whether our own movement and the movement of other animate beings, or the movement of leaves, clouds, and so on? What distinguishes kinesthetic from kinetic experiences of movement? How are movement and time related? Just what is the problem of movement and how do we address it? In what way is movement pertinent to receptivity and responsivity? Throughout these sections the article encompasses phenomenological analyses, elaborations, and implications of animation. (shrink)

Three methodologically distinctive empirical studies of the emotions carry forward Darwin's work on the emotions, vindicate Sperry's finding that the brain is an organ of and for movement, and implicitly affirm that affectivity is tied to the tactile-kinesthetic body. A phenomenological analysis of movement deepens these empirical findings by showing how the dynamic character of movement gives rise to kinetic qualia. Analysis of the qualitative structure of movement shows in turn how motion and emotion are dynamically congruent. Three experiences of (...) fear are presented--phenomenological, ethological, and literary--to demonstrate the dynamic congruency. Five implications follow from the analysis, including the implications that movement is not equivalent to behavior, experience is not physiological activity, and a brain is not a body. (shrink)

Barry Stroud’s The Quest for Reality is a fine book that requires and repays several re-readings. Among the book’s many virtues is its appropriate skepticism towards the metaphysical ambition to treat some basic physical science as a fundamental ontology, an exhaustive account of what there is and how it hangs together. When Galileo concluded that mathematics was the key to the labyrinth of nature, he was prepared to treat all qualitative aspects of reality as sensational effects produced in us by (...) a world that was essentially quantitative in character. This subjectivization of quality, its “introjection” into the mind, was perhaps initially driven by a reluctance to examine the abstractive preconditions of developing and deploying a quantitative vocabulary. Certain topics, among them sensed qualities, had to be set aside because they were not amenable to treatment in such terms. As Stroud emphasizes, to simply go on to suppose that such sensed qualities are not to be found in the world because they are not amenable to such treatment is unmotivated metaphysics, not a simple deliverance of any physical science. (shrink)

The teaching of ethics in UK medical schools has recently been reviewed, from the perspective of the teachers themselves. A questionnaire survey of medical undergraduates at King’s College London School of Medicine provides useful insight into the students’ perception of ethics education, what they consider to be the value of learning ethics and law, and how engaged they feel with the subject.

The Mental Capacity Act received Royal Assent on 7 April 2005, and it will be implemented in 2007. The Act defines when someone lacks capacity and it supports people with limited decision-making ability to make as many decisions as possible for themselves. The Act lays down rules for substitute decision making. Someone taking decisions on behalf of the person lacking capacity must act in the best interests of the person concerned and choose the options least restrictive of his or her (...) rights and freedoms. Decision making will be allowed without any formal procedure unless specific provisions apply, such as a written advance decision, lasting powers of attorney or a decision by the court of protection. (shrink)

This article begins with a summary phenomenological analysis of movement in conjunction with the question of “quality” in movement. It then specifies the particular kind of memory involved in a dancer’s memorization of a dance. On the basis of the phenomenological analysis and specification of memory, it proceeds to a clarification of meaning in dance. Taking its clue from the preceding sections, the concluding section of the article sets forth reasons why present-day cognitive science is unable to provide insights into (...) dance, notably because being largely tethered to happenings in the brain, it lacks foundational grounding in experience, specifically, the actual experience of movement, which is to say in kinesthesia. (shrink)

Animation is by definition the basis of animate life. Movement is thus of prime significance and its dynamics warrant close study in terms of the tactile-kinaesthetic body, its relation to cognition and affectivity, and its anchorage in ontogeny and phylogeny. Riveted attention on the brain deflects attention from animate movement, as does the degeneration of movement into a motorology and the extensive and broadly indiscriminate use of the lexical band-aid of embodiment and its derivatives. Critical attention is paid to just (...) such present-day practices in neuroscience, and in cognitive science and philosophy, practices that, by impeding investigations of the tactilekinaesthetic body, impede understandings of how kinaesthetic experience is at the core of those synergies of meaningful movement that constitute animate life. (shrink)

This paper attempts to elucidate the nature of kinesthetic memory, demonstrate itscentrality to everyday human movement, and thereby promote fresh cognitive andphenomenological understandings of movement in everyday life. Prominent topics in this undertaking include kinesthesia, dynamics, and habit. The endeavor has both a critical and constructive dimension.

The basic question cognitivists and most analytic philosophers of mind ask is how consciousness arises in matter. This article outlines basic reasons for thinking the question spurious. It does so by examining 1) definitions of life, 2) unjustified and unjustifiable uses of diacritical markings to distinguish real cognition from metaphoric cognition, 3) evidence showing that corporeal consciousness is a biological imperative, 4) corporeal matters of fact deriving from the evolution of proprioception. Three implications of the examination are briefly noted: 1) (...) the need to re-think the common assumption that unconsciousness historically preceded consciousness; 2) the need to delve as deeply and seriously into natural history as into brains and their computational analogues; 3) the need for a critical stance toward arm-chair judgments about consciousness and a correlative turn toward corporeal matters of fact. (shrink)

This paper attempts to elucidate the nature of kinesthetic memory, demonstrate itscentrality to everyday human movement, and thereby promote fresh cognitive andphenomenological understandings of movement in everyday life. Prominent topics in this undertaking include kinesthesia, dynamics, and habit. The endeavor has both a critical and constructive dimension.

This article shows how the proper question to answer concerning consciousness is not ‘how consciousness arises in matter’, but how consciousness is part and parcel of the evolution of animate forms. The article traces out just such an evolution by consideration of real life forms including bacteria and invertebrates. It vindicates the evolutionary thesis that external proprioceptive organs, as evidenced in their own right, were modified and internalized over time into kinesthetic organs, sustaining, in effect, a directly movement sensitive corporeal (...) consciousness across virtually all forms of evolutionary life. The paper specifies significant consequences of the thesis having to do with the unconscious, with present-day focal studies of the brain that neglect a correlative natural history, and with the need to attend to corporeal matters of fact. (shrink)

Section I details Husserl’s insight into style and how a person’s individual style is played out in affect and action and in the two‑fold articulation of perception and “the kinestheses,” both of which are integral to gestural communication. Section II details how the evolutionary perspectives of Darwin and linguistic scholars complement Husserl’s insights into the animate realities of gesture and bring to light further dimensions of human and nonhuman gestural practices and possibilities through extensive experiential accounts that document the essential (...) role of movement and thinking in movement in animate lives. Section III focuses on critical oversights by prominent phenomenologists who, rather than basing their studies in the rigors of phenomenological methodology, write of “what it is like” with respect to experience or give preferred opinions as in “consciousness of my gesture [...] can tell us nothing about movement.”. (shrink)

Holography exploded on the scientific world in 1964, but its slow fuse had been burning much longer. Over the next four decades, the echoes of that explosion reached scientists, engineers, artists and popular culture. Emerging from classified military research, holography evolved to represent the power of post-war physics, an aesthetic union of art and science, the countercultural meanderings of holism, a cottage industry for waves of would-be entrepreneurs and a fertile plot device for science fiction. New working cultures sprang up (...) to mutate holography, redefining its products, reshaping its audiences and reconceiving its applications. The outcomes included ever more sublime holograms and exquisitely sensitive measuring techniques - but also priority disputes, prurience and poisonous business rivalries. New subjects cross intellectual borders, and so do their explanations. This book draws on the history and philosophy of science and technology, social studies, politics and cultural history to trace the trajectory of holography. The result is an in-depth account of how new science emerges. Based on unprecedented interviews with pioneer holographers and extensive archival research, it reveals how science, technology, art and wider culture are entwined in the modern world. (shrink)

This ancient text represents one of yoga's most influential and important works. Dating back to India of the second century B.C., the yoga sutras constitute a complete manual for the study and practice of the philosophical system. The sutras, or threads, are aphorisms of wisdom that offer guidelines to living a meaningful and purposeful life. This volume explains the eight limbs of the discipline: restraint, observances, posture, breath control, withdrawal from the senses, attention, meditation, and stillness. Little is known about (...) the life of Patanjali beyond the assumption that he was a contemporary of the Buddha. Charles Johnston, an immensely learned scholar of Eastern traditions, offers modern readers a straightforward translation of Patanjali's writings. This easy-to-follow interpretation will prove a rewarding companion to yoga students, participants in teacher-training programs, and students of Eastern philosophy. (shrink)

This paper considers dimensions of animate life that are readily “embodied” by phenomenologists and by other philosophy and science researchers as well. The paper demonstrates how the practice of “embodying” short-circuits veritable phenomenological accounts of experience through a neglect of attention to Husserl’s basic conception of, and consistent concern with, animate organism. The paper specifies how in doing so, the practice muddies a clear distinction between the body ‘I have’ and the body ‘I am’, and a clear account of their (...) lived conjunction in existential fit. In turn, the paper shows how the practice falls short of recognizing synergies of meaningful movement created by animate organisms; how it is tethered to talk of posture and sensation over kinesthesia and dynamics; and how, in general, the practice of embodying generates static rather than dynamic understandings of everyday life. The paper then critically considers how such liabilities preclude in-depth phenomenological insights into topics such as ‘ownership’ and ‘agency,’ and why inquiries into the nature of animate organisms require nothing less than fine-tuned attention to foundational experiences of animate life, including foundational ontogenetical experiences that undergird adult proficiencies and abilities, and hence fine-tuned attention to learning and to retaining what is learned in kinesthetic memory. (shrink)

Descriptive foundations and a concern with origins are integral to both Husserlian phenomenology and Darwinian evolutionary biology. These complementary aspects are rooted in the lifeworld as it is experienced. Detailed specifications of the complementary aspects testify to a mutual relevance of phenomenology to evolutionary biology and of evolutionary biology to phenomenology. Exemplifications of the mutual relevance are given in terms of both human and nonhuman agentive abilities. The experiential exemplifications show that agentive abilities are rooted in the kinetic sequence: I (...) move, I do, I can. The kinetic sequence in turn testifies to an ability to think in movement, a thinking that engenders corporeal concepts. It also, however, attests to the need for a veritable phenomenology of learning on the one hand and for a veritable recognition of mindful bodies on the other, mindful bodies that are a driving force both in the evolution of animate forms of life and in the evolution of repertoires of I cans. (shrink)