The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They (...) examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment. (shrink)

Josse Clichtove represents a turning point in the history of disputation, for he combines one of the earliest accounts of the doctrinal disputation with one of the latest accounts of the obligational disputation. This paper describes the nature and significance of the theories that he offered. Particular attention is paid to the doctrines of truth, necessity and possibility which lie behind his doctrines; and also to the light which his work throws on the aims and nature of an obligational disputation.

The risk posed by anthropogenic climate change is generally accepted, and the challenge we face to reduce greenhouse gas (GHG) emissions to a tolerable limit cannot be underestimated. Reducing GHG emissions can be achieved either by producing less GHG to begin with or by emitting less GHG into the atmosphere. One carbon mitigation technology with large potential for capturing carbon dioxide at the point source of emissions is carbon capture and storage (CCS). However, the merits of CCS have been questioned, (...) both on practical and ethical grounds. While the practical concerns have already received substantial attention, the ethical concerns still demand further consideration. This article aims to respond to this deficit by reviewing the critical ethical challenges raised by CCS as a possible tool in a climate mitigation strategy and argues that the urgency stemming from climate change underpins many of the concerns raised by CCS. (shrink)

(1963). The early teaching of anatomy at Padua, with special reference to a model of the Padua anatomical theatre. Annals of Science: Vol. 19, No. 1, pp. 1-26.

HISTORICAL INTRODUCTION Although many of the details of the development of logic in the Middle Ages remain to be filled in, it is well known that between ...

This article aims to read feminist new materialisms (Barad), together with ‘postulated’ linguistic or cultural primacy of Queer Theory (Butler), to show how both are engaged in similar critical-ethical endeavours. The central argument is that the criticism of Barad and new materialisms misses Butler’s materialistic insights due to a narrow interpretation of Butler's alleged social-constructivist position. There is, therefore, a specific focus on where they both make similar ethical appeals. Moreover, the article relies on Adorno's negative dialectic to highlight an (...) interpretation of Barad and Butler as being part of the same dialectical movement, in which materialism and idealism fluctuate in their mutual criticisms, thus continuing the procession towards 'new knowledge' and emancipation, or freedom, through their motions back and forth. (shrink)

A social license to operate (SLO) is said to result from a complex and sometimes difficult set of negotiations between communities and organizations (NGOs, government, and industry). Each stakeholder group will hold different views about what is important, what is true, and who can or cannot be trusted. This article reviews the contributions made in this special issue on SLO. It also sketches the benefits of applying phronesis, or a practical wisdom-based theorization, of how SLOs can be co-produced.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Metaphysics of Creation. Aquinas's Natural Theology in Summa contra gentiles IIE.J. AshworthNorman Kretzmann. The Metaphysics of Creation. Aquinas's Natural Theology in Summa contra gentiles II. Oxford: Clarendon Press, 1999. Pp. xiii + 483. Cloth, $65.00.Thomas Aquinas is astounding not just for the richness, complexity and timeless interest of his thought, but for the sheer bulk of his works. The challenge this bulk presents to commentators has been (...) taken up in various ways. Some people focus on Aquinas's architectonic, giving a global overview of individual works in such terms as the neo-Platonic exitus-reditus schema; others focus on the interplay of faith and reason in his works by classifying Aquinas as a theologian, or a Christian philosopher, or a philosopher-theologian; still others try to organize his thought by bringing together thematically-linked discussions from a variety of places. All three approaches tend to overlook perhaps the most striking feature of Aquinas's writings: the continuous progression of carefully-formulated, detailed arguments and sub-arguments.In the second book of his uncompleted trilogy on Summa contra gentiles, Norman Kretzmann combines the best of the first two approaches to Aquinas with an impressive and largely successful attempt to come to terms with Aquinas as an arguer. He takes an ample selection of Aquinas's own arguments in their order of appearance in SCG II; he analyzes their premisses; he shows how they function in relation to earlier and later arguments; and he criticizes their weaknesses. He does all this in an elegant, lucid prose that ensures the attentive reader an enhanced understanding of the specific topics discussed by Aquinas. [End Page 434]To understand the full import of the arguments examined, however, we need to consider what Aquinas hopes to achieve by his sequences of arguments. While granting that Aquinas is a theologian, and that he intends his Summa contra gentiles to give a full account of what Christians believe, Kretzmann argues that the first three books of SCG present a fully-developed natural theology which can serve as guide and inspiration to thinkers today. The key to understanding Aquinas here is the recognition that the philosopher, particularly the metaphysician, is, or should be, concerned with the first principles and most ultimate aspects of reality. If it turns out, as most philosophers before the twentieth century have believed, that these first principles are divine, then truths taught by revelation can be integrated with truths arrived at by reason. Moreover, once the existence and nature of God have been established, or at least rendered plausible, one can take God as a starting point for the explanation of this-worldly phenomena, from the nature of the physical world to the nature of the human person. This explanation, while buttressed by references to Biblical revelation, will nonetheless be fully natural, insofar as it relies on arguments whose premisses are those available to any rational being independently of revelation.In his earlier book, The Metaphysics of Theism (Oxford, 1997) Kretzmann examined the start of Aquinas's natural theology, the movement from things around us to God. In The Metaphysics of Creation, finished just before his death, Kretzmann takes up the emergence of things from God. The book is divided into three unequal parts. First, there is a long discussion of Aquinas's view of creation, and the precise way in which the world is dependent upon God, its first cause. Particularly notable in this section is the discussion of Aquinas's view that creation is compatible with the notion of a beginningless world. The second, very brief, section takes up Aquinas's treatment of the emergence of different species, and his willingness to reject the kind of literal reading of Genesis espoused by contemporary creationists. The third and longest section takes up the nature of the human mind or soul. What makes this section particularly interesting is its emphasis on the implications of the top-down approach. If we start with the ideas that God is a pure intellect, and that immaterial substance is possible, then the mind-body problem becomes that of explaining how intellect can ever be closely related to matter, rather that... (shrink)

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing (...) conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'. (shrink)

Terence Irwin's edition of the Nicomachean Ethics offers more aids to the reader than are found in any modern English translation. It includes an Introduction, headings to help the reader follow the argument, explanatory notes on difficult or important passages, and a full glossary explaining Aristotle's technical terms. The Third Edition offers additional revisions of the translation as well as revised and expanded versions of the notes, glossary, and Introduction. Also new is an appendix featuring translated selections from related texts (...) of Aristotle. (shrink)

Technology used in online marketing has advanced to a state where collection, enhancement and aggregation of information are instantaneous. This proliferation of customer information focused technology brings with it a host of issues surrounding customer privacy. This article makes two key contributions to the debate concerning digital privacy. First, we use theories of justice to help understand the way consumers conceive of, and react to, privacy concerns. Specifically, it is argued that an important component of consumers' privacy concerns relates to (...) fairness judgments, which in turn comprise of the two primary components of distributive and procedural justice. Second, we make a number of prescriptions, aimed at both firms and regulators, based on the notion that consumers respond to perceived privacy violations in much the same way they would respond to an unfair exchange. (shrink)

As plagiarism is a notion specific to a particular culture and epoch, and is also understood in a variety of ways by individuals, particular attention must be paid to the putting of the phenomenological question, What is plagiarism in its appearing? Resolution of this issue leads us to locate students' perceptions and opinions within the lifeworld, and to seek an initially idiographic set of descriptions. Of twelve interview analyses, three are presented. A student who took an especially anxious line, his (...) morality having to do with the fear of being shamed were he to be accused of plagiarism in his work. A student who saw academic development as the movement from dependence on respected authors such that the novice's work is near plagiaristic, to autonomy and self-assured originality. A student whose degree involved painting and art history—disciplines with very distinct understandings of plagiarism. To combat plagiarism, then, one must not assume that students have a prior grasp of the unequivocal meaning of the notion, but must accept that a process of acculturation is required. (shrink)

In the face of limited resources during the COVID-19 pandemic response, public health experts and ethicists have sought to apply guiding principles in determining how those resources, including vaccines, should be allocated.

Historically, the suspension of presuppositions arose as part of the philosophical procedure of the transcendental reduction which, Husserl taught, led to the distinct realm of phenomenological research: pure consciousness. With such an origin, it may seem surprising that bracketing remains a methodological concept of modern phenomenological psychology, in which the focus is on the life-world. Such a focus of investigation is, on the face of it, incompatible with transcendental idealism. The gap was bridged largely by Merleau-Ponty, who found it possible (...) to interpret Husserl's later work in an existentialist way, and thus enabled the process of bracketing to refer, not to a turning away from the world and a concentration on detached consciousness, but to the resolve to set aside theories, research presuppositions, ready-made interpretations, etc., in order to reveal engaged, lived experience. This paper outlines the history of the suspension of presuppositions and discusses the scope and limitations of bracketing in its new sense within existential phenomenology. The emphasis is on research practice and on the phenomenological quest for entry into the life-world of the research participant. It is argued that the bracketing of presuppositions throughout the process of research should be a cardinal feature of phenomenological psychology. Of equal importance is the investigator's sensitive awareness that the investigation of the life-world and the phenomena which appear within it is a thoroughly interpersonal process, necessarily entailing the taken-for-granted assumptions implicit in all social interaction. These presuppositions are not open to bracketing. (shrink)

Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...) preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld. (shrink)

Although David Mitrany’s international thought is not usually associated with the concept of the international anarchy, I argue that his analysis actually compares two forms of anarchical order. The first form is the order associated with the relations between states, while the second is his functional alternative to this order. The functional approach is anarchical in the sense that it remains an order without an orderer. In first analysing the dynamics and failings of the inter-state order, and then suggesting pragmatic (...) process-orientated solutions to those failings, I argue that Mitrany follows a similar approach to his classical realist contemporaries. (shrink)