In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of an (...) individual’s human rights under specified conditions has certain similarities to the punishment by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to the exchange between theories of human rights and the criminal law. (shrink)

Some tradition historical perspectives on Psalm 83 Psalm 83 forms a poetical unit and is the well constructed poem of an artist. It could be divided into two stanzas which contains a cry for help (2), lament (3-9) and several petitions (10-19). This work reflects different tradition historical allusions. The use of prophetic language is immanent, while the faces of the prophets Isaiah, Jeremiah and Ezekiel are elusively present. Two episodes from the history of the Judges (Judges 4-5; 7-8) are (...) utilised to expose its independent function in this psalm. The occurence of a well known Canaanite tradition is further obvious, while the question into the psalm's apocalyptic relationships is negatively assessed. Single motives like the upliftment of the head (3) and the shepherd/flock image (13) fulfil a definite Junction within the psalm’s context. The poet clearly applied historical traditions, motives and images to express an independent function within its context. (shrink)

Scientists and laypeople alike use the sense of understanding that an explanation conveys as a cue to good or correct explanation. Although the occurrence of this sense or feeling of understanding is neither necessary nor sufficient for good explanation, it does drive judgments of the plausibility and, ultimately, the acceptability, of an explanation. This paper presents evidence that the sense of understanding is in part the routine consequence of two well-documented biases in cognitive psychology: overconfidence and hindsight. In light of (...) the prevalence of counterfeit understanding in the history of science, I argue that many forms of cognitive achievement do not involve a sense of understanding, and that only the truth or accuracy of an explanation make the sense of understanding a valid cue to genuine understanding. (shrink)

Intentional action is, in some sense, non-accidental, and one common way action theorists have attempted to explain this is with reference to control. The idea, in short, is that intentional action implicates control, and control precludes accidentality. But in virtue of what, exactly, would exercising control over an action suffice to make it non-accidental in whatever sense is required for the action to be intentional? One interesting and prima facie plausible idea that we wish to explore in this paper is (...) that control is non-accidental in virtue of requiring knowledge—either knowledge-that or knowledge-how (e.g., Beddor and Pavese 2021; cf., Setiya 2008; 2012 and Habgood-Coote 2018). We review in detail some key recent work defending such knowledge-centric theories of control, and we show that none of these accounts holds water. We conclude with some discussion about how control opposes the sort of luck intentional action excludes without doing so by requiring knowledge (that- or how). (shrink)

Intentional action is, in some sense, non-accidental, and one common way action theorists have attempted to explain this is with reference to control. The idea, in short, is that intentional action implicates control, and control precludes accidentality. But in virtue of what, exactly, would exercising control over an action suffice to make it non-accidental in whatever sense is required for the action to be intentional? One interesting and prima facie plausible idea that we wish to explore in this paper is (...) that control is non-accidental in virtue of requiring knowledge – either knowledge-that or knowledge-how (e.g., Beddor and Pavese 2021; cf., Setiya 2008; 2012 and Habgood-Coote 2018). We review in detail some key recent work defending such knowledge-centric theories of control, and we show that none of these accounts holds water. We conclude with some discussion about how control opposes the sort of luck intentional action excludes without doing so by requiring knowledge (that- or how). (shrink)

Psychiatric diagnosis and prognosis is fraught with important philosophical and conceptual problems. This chapter focuses on some epistemological issues and moral issues that arise in contemporary psychiatric practice. It examines various clinical and actuarial techniques for psychiatric diagnosis, ordered very loosely in terms of how "structured" or "automated" they are. The chapter makes the case for assessing psychiatric treatments with controlled experiments, raises several epistemological dangers that arise from relying on uncontrolled investigations, and considers some of the unique methodological and (...) ethical issues that arise when trying to assess talk therapy. (shrink)

There is a standard story told about the rise and fall of ordinary language philosophy: it was a widespread, if not dominant, approach to philosophy in Great Britain in the aftermath of World War II up until the early 1960s, but with the development of systematic approaches to the study of language—formal semantic theories on one hand and Gricean pragmatics on the other—ordinary language philosophy more or less disappeared. In this paper we present quantitative evidence to evaluate the standard story (...) of the rise and fall of ordinary language philosophy, building on the topic model of over 30,000 philosophy articles in Weatherson (2022). Using a combination of qualitative judgment and a topic-model-based measurement of similarity between individual articles, we find evidence that supports the first part of the standard story, according to which ordinary language philosophy arises in the 1940s, peaks between the early 1950s and the late 1960s, and then rapidly declines. But we argue that there is also evidence of a "new wave" of ordinary language philosophy in the early 21st century that defies the second part of the standard story. (shrink)

The focus of this study was to analyze the content, distribution, and comparative genome relationships of 996 chromosome bin-mapped expressed sequence tags accounting for 2266 restriction fragments on the homoeologous group 3 chromosomes of hexaploid wheat. Of these loci, 634, 884, and 748 were mapped on chromosomes 3A, 3B, and 3D, respectively. The individual chromosome bin maps revealed bins with a high density of mapped ESTs in the distal region and bins of low density in the proximal region of the (...) chromosome arms, with the exception of 3DS and 3DL. These distributions were more localized on the higher-resolution group 3 consensus map with intermediate regions of high-mapped-EST density on both chromosome arms. Gene ontology classification of mapped ESTs was not significantly different for homoeologous group 3 chromosomes compared to the other groups. A combined analysis of the individual bin maps using 537 of the mapped ESTs revealed rearrangements between the group 3 chromosomes. Approximately 232 of the consensus mapped ESTs matched sequences on rice chromosome 1 and revealed large- and small-scale differences in gene order. Of the group 3 mapped EST unigenes ∼21 and 32% matched the Arabidopsis coding regions and proteins, respectively, but no chromosome-level gene order conservation was detected. (shrink)

There is a growing recognition, stemming from work with both vertebrates and invertebrates, that the capacity for neuronal regeneration is critically dependent on the local microenvironment. That environment is largely created by the non‐neuronal elements of the nervous system, the neuroglia. Therefore an understanding of how glial cells respond to injury is crucial to understanding neuronal regeneration. Here we examine the process of repair in a relatively simple nervous system, that of the insect, in which it is possible to define (...) precisely the cellular events of the repair process. This repair is rapid and well organised; it involves the recruitment of blood cells, the division of endogenous glial elements and, possibly, migration from pre‐existing glial pools in adjacent ganglia. There are clear parallels between the events of repair and those of normal glial development. It seems likely that the ability of the insect central nervous system to repair resides in the retention of developmental capacities throughout its life and that damage results in the activation of this potential. (shrink)

This paper examines narrativism’s claim that the historical past cannot be known once and for all because it must be continuously re-described from the standpoint of the present. We argue that this claim is based on a non sequitur. We take narrativism’s claim that the past must be re-described continuously from the perspective of the present to be the result of the following train of thought: 1) “all knowledge is conceptually mediated”; 2) “the conceptual framework through which knowledge of reality (...) is mediated changes with every new generation of historians”; therefore (narrativism’s claim) “the historical past changes with every new generation of historians”. The idea of an unchanging past, for the narrativist, requires denying premise 1 (all knowledge is conceptually mediated”) and therefore rests on a problematic commitment to the chimerical notion of the past as it is in-itself, wie es eigentlich gewesen. We argue that the narrativist’s conclusion does not follow unless one adds a further premise, namely 3) “it is not possible to view reality through the categorial framework of historical agents”. If one asserts the possibility of grasping reality through the categorial framework of others, be they contemporary or past agents (as much philosophy of history written in an idealist key does), then one no longer has to accept the narrativist’s inference that since the past cannot be known in-itself or independently of conceptual mediation, then it cannot be known as it always was for the historical agents. Narrativism’s inference that the past cannot be known as it always was does not follow from premises 1 and 2 unless one smuggles in another problematic premise, premise 3. In this paper we defend the claim that the past can be known as it always was (not as it is in-itself) by invoking a different conception of the role of conceptual mediation in historical knowledge, one which assumes the possibility of viewing reality through the categorial framework of others. This notion of the role of conceptual mediation in historical knowledge is prevalent in the idealist tradition but, in the interest of brevity, we will defend this notion of mediacy by specific reference to the idealist philosophy of R.G. Collingwood. (shrink)

The Church of England By Law Established, in incidental payment for secular privilege, has submitted to the bonds of established clichá, in particular to the reproach that its rulers seem more concerned with the external or practical working of Anglican faith and ritual than with their intellectual definition and justification. This intellectual looseness remained unimportant in practice as long as a forceful anti–Roman spirit blew all waves of opinion in one practical direction. In time, however, that wind gradually lost force (...) and positive cross–currents of Anglican belief came to the public surface. The legislators of the sixteenth century had formulated the positive rules of the Thirty–Nine Articles and the Prayer Book in tolerantly broad language. They left no decisive teaching authority to explain their texts and to meet the challenge of shifting ritual and speculative doubt. Time has subjected both instruments to an everwidening range of individual interpretation especially since the early nineteenth century, when the Anglican monopoly of political, social and educational institutions was disputed by fresh tides of Protestant dissenters, renascent Catholics and nascent agnostics. To–day, as Mr. Cockshut wryly comments: “to throw doubt on the Anglican formularies is itself part of the Anglican tradition”. (shrink)

The meticulous printing at a moderate price of this remarkable work is a credit to the publisher. During the past thirty years M. Gilson has been the greatest single influence upon lay readers in reviving serious interest in the clerical speculation, which for twelve hundred years conscientiously spanned the gap between the collapse of Greek science and Roman law and the late sweep of modern sciences and their secular philosophies. Preoccupation with short-term apologetics after the Reformation increased clerical aloofness from (...) professional science and philosophy and probably increased the non-scholastic’s assumption that the Christian Era was merely a dark or middle age between ancient and modern intellectual life. In fact, early and medieval thinkers gradually confronted their Christian faith and pagan science and against the basso ostinato of secular warfare developed the varied themes of scientific theology and human philosophy, which crystallized into the mature Scholasticism of the thirteenth century. Hence the seventeenth century founders of modern philosophy, as M. Gilson first found à propos of Descartes, started to philosophize from a metaphysical inheritance much richer than the original Greek patrimony, especially in the light it cast upon the reality of God, the origin of the universe in which man lives, the nature and destiny of man himself. To overlook this linking inheritance, is to make modern philosophy less intelligible; while to personally judge its value, we must return to its historical sources. This is the task to which M. Gilson has devoted his pioneering judgment; this work is probably the final synthesis of his scholarship. (shrink)