The lex talionis of the Old Testament has been widely perceived—understandably, but mistakenly—as a barbaric law of retribution in kind. It is better understood as a seminal expression of restraint and proportionality as moral principles of punishment. This has been recognized from the earliest times. Over the intervening centuries, the lex talionis has lost neither its moral significance nor its penal relevance. This is reflected in H.L.A. Hart's synthesis of modern retributivist and utilitarian theories of punishment and, again, in contemporary (...) Canadian law through the recognition of proportionality as the fundamental principle of sentencing under the Criminal Code. The tension between this fundamental principle and Canada's increasing resort to mandatory minimum sentences of imprisonment is examined briefly in this light. (shrink)

Mass drug screening offers a deceptively simple solution to the problem of drug use among workers. Even a very effective test is subject to error. In any given group of tested individuals, some will unavoidably be falsely accused. Even though scientific tests appear to provide efficient solutions to social and legal problems, these tests should not be accepted unless they also meet our standards for fair dealing.

Assigning the appropriate moral status to different stages of human development is an urgent problem in bioethics. Many philosophers have attempted to assess developmental events using strict ontological principles to determine when a developing entity becomes essentially human. This approach is not consistent with recent findings in reproductive and stem cell biology, including the discovery of the plasticity of early embryonic development and the advent of induced pluripotent stem cells. Substance ontology should therefore not be used to determine the moral (...) status of the embryo. (shrink)

The thesis is examined that medical schools tend to recruit those who, because of a single-minded pursuit of admission, lack the breadth of interest and the social experience necessary for the development of a socially sensitive and emotionally mature personality. This negative characterization, labeled “the premed syndrome,” has been linked to a perceived lack of physician concern for patients, interpersonal warmth, and humanitarian care. This paper reviews the various published arguments advanced by proponents and opponents of this view, analyzing the (...) presumed roots and implications and proposed remedies. (shrink)

Was Descartes a Cartesian Dualist? In this controversial study, Gordon Baker and Katherine J. Morris argue that, despite the general consensus within philosophy, Descartes was neither a proponent of dualism nor guilty of the many crimes of which he has been accused by twentieth century philosophers. In lively and engaging prose, Baker and Morris present a radical revision of the ways in which Descartes' work has been interpreted. Descartes emerges with both his historical importance assured and his philosophical (...) importance redeemed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 9.3 (2002) 281-283 [Access article in PDF] This Is Not Here Katherine Morris How, if at all, are we to characterize psychiatric patients' (and others') descriptions of so-called depersonalization experiences? What exactly are they saying when they say, for example, "I have no self" or "I feel as if I don't belong to my own body" or "Nothing seems real"? Filip and Susanna Radovic (...) attempt to use a combination of conceptual and phenomenological analysis to answer this question. The importance of this, they suggest, is to enable a better definition of the depersonalization syndrome, better classification of symptoms as belonging or not belonging to this syndrome, and better theories of the relevant psychopathological processes.Their conceptual analysis focuses on ambiguities in the words unreal and feel, because "It feels unreal" is a characteristic expression of a depersonalization experience, and on the "as-if" element of these descriptions, because patients will often say "It feels as if everything is unreal." The phenomenological analysis consists in fleshing out some of these senses. These analyses are supplemented with a helpful table and a discussion section distinguishing expressions of depersonalization experiences from similar-sounding expressions from everyday life; for example, "existential reflections" on the one hand, and exclamations like "Did I win? I cannot believe it, it feels so unreal!" on the other. But I focus here on the analyses. Unreal and Feels So, first, they claim that the word unreal has at least three different uses: (1) "nonexistent", (2) "artificial, fake, or made up," and (3) "failing to satisfy some important criterion of the kind in question," which they also express as "not normal" or "unusual," and even "unfamiliar."Already this analysis seems to me to go importantly awry. As Austin famously argued, the word real has multiple senses, including the ones picked out here. 1 But, as he also argued, real, precisely, does not always contrast with unreal; hence an ambiguity in the word real does not imply an ambiguity in the word unreal. An artificial diamond is, indeed, not a real diamond (sense [2])—but it is not an unreal diamond! 2 Again, a friend who does not help you in your hour of need is a "false friend," that is, "not a real friend" (sense [3])—but he is not an unreal friend. Finally, they are surely wrong to equate the false friend's "failure to satisfy some important criterion of friendship" with his being "abnormal" or "unusual" (a fortiori "unfamiliar"). Someone who is "not a real friend" or "not a true friend" is not an unusual or an unfamiliar (sort of) friend!What of their analysis of the ambiguity in feels? (a) Sometimes, they imply, feels means roughly "is believed to be."" (b) At other times, it refers to a specific type of quasi-sensory experience. 3 Thus, I suppose, if I say "I feel ill," I may either mean that I believe myself to be ill or that I am experiencing some characteristic feeling like nausea or dizziness. Hence, feels unreal may either mean "is believed to be unreal" or characterize a specific type of experience.But, as they note, the (alleged) treble ambiguity in unreal means that feels unreal in sense (a) is itself trebly ambiguous, and they suggest that all [End Page 281] three senses may be relevant to characterizing depersonalization experiences. They primarily focus on sense (a3). The thought, as far as I understand it, is that just as a "real friend" is one who helps you in your hour of need, so a "real self" is (inter alia) one that experiences itself as an agent or author of its actions, and a "real world" one full of life and engaging. Thus to say that your self "feels unreal" in sense (a3) is to say that in not experiencing your self as agent or author you recognize that "real selves" do so, and to say that the world "feels unreal" is to say that in experiencing it as lifeless and unengaging you recognize that "real worlds" are not so experienced.So far, so good. But they... (shrink)