In lieu of an abstract, here is a brief excerpt of the content:Murder in the Garden? The Envy of the Gods in Genesis 2 and 3 Paul DuffJoseph Hallman George Washington University University of St. Thomas According to Walter Brueggemann, "No text in Genesis (or likely in the entire Bible) has been more used, interpreted and misunderstood" than the story of Adam and Eve in the garden. "This applies to careless, popular theology as well as to the doctrine of (...) the church"(41). Augustine attempted to explain the first few chapters of Genesis on no fewer than five different occasions throughout his career. Based on his reading ofPaul, Augustine and Western Christianity after him believed that the entire human race inherited the disobedience ofAdam and Eve. The story in Genesis 2-3 represents the beginning ofthe J narrative, the so-called Yahwist account of the creation which originated in the early years ofthe Israelite monarchy.8 Commentators have long acknowledged a variety ofelements in the Yahwist creation account which complicate its interpretation and defy any satisfactory explanation. Among the more puzzling elements in the story are, first, the implication in Gen. 3:22 of a plurality of divine beings, a fact which seems to contradict the rest ofthe narrative and which also flies in the face of Israelite monotheism. Second, according to Gen. 2:17, God threatens Adam with the punishment of 8 The Yahwist document, originally independent, was later combined with three other strands of ancient material to form the Pentateuch. For a recent study ofthe "Documentary Hypothesis," see Richard Friedman. 1 84Paul DuffandJoseph Hallman immediate death for transgressing the deity's prohibition (cf. 3:3, 3:4). God does not carry out the threatened punishment, however, nor does the text offer the reader an explanation for the deity's commutation ofthe sentence (Westermann 224-5). Third, the origin and nature ofthe serpent in the story is unclear. Where did he come from? The identification ofthis figure with Satan in the later tradition has no support in the text (Westermann 237-9). Finally, the prohibition not to eat ofthe single tree in the garden appears to be arbitrary. Hence the crime of Adam and Eve is obviously contrived. Despite the fact that the original sentence of death for their disobedience was not carried out, the curses invoked on Adam and Eve seem hardly warranted by the offense. Consequently, some sections ofthe text depict the deity as a petty tyrant, certainly a very different picture than that given by other scriptures ofthe Jewish and Christian traditions. We believe these difficulties can be overcome by approaching Genesis 2-3 from a Girardian perspective.9 We propose that this story has evolved10 in order to hide its original meaning. As a result—following Girard's understanding of the function and evolution of mythology—we will endeavor to "deconstruct" Genesis 2-3 in order to trace the evolution ofthis myth from its origin in a primal crime. This will enable us to explain the inconsistencies in the text as it stands and to appreciate the final revisions made by the biblical author(s). We will begin with a brief discussion of Girard's understanding ofmyth. Then we will turn to the problems ofthe Genesis text. Girard on myth According to Girard, myth is, quite simply, a narrative about a primal murder, rewritten from the vantage point ofthe killers (1977a, 64-7, 91-5; 1986, 24-44). As such, mythology covers up the role of the victimage mechanism as the basis ofculture. Myths which disguise or cover up such a crime can take many forms. For instance, the foundational murder of an 9 In his recent book on Paul, Robert Hamerton-Kelly presents a Girardian interpretation of this passage which is completely different from ours (92-7). Since Hamerton-Kelly appears to read the myth at face value without a sense of development, he, like most interpreters, ends with somewhat tortuous conclusions. 10It is virtually certain that the account found in Gen. 2 and 3 did not come into being as a free composition of the Yahwist. But, as Claus Westermann has pointed out in his history ofthe exegesis ofthis passage (186-91), despite the fact that most see it as a product of a long... (shrink)

The philosophy of criminalisation has been a neglected topic for some time now. A considerable amount of modern criminal justice literature is dedicated to preventing crime and punishing crime, but precious little attention is dedicated to the preliminary question: what should be a crime? Over the last decade, five editors and dozens of authors published a four-part series of edited essays in an attempt to answer that question. The present article is a hybrid of sorts: in one sense, it is (...) a review of the essays in that series; but in another sense, this article also makes its own unique contribution by answering two key questions. First, what is criminalisation? And second, how should lawmakers decide what to criminalise? Most importantly, this article suggests a new criminalisation decision-making process in order to ensure the criminal law is a justifiable framework of prohibitions and sanctions. (shrink)

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention (...) to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication. This is a work which is likely to become a seminal study and a major contribution to the study of law and legal philosophy. (shrink)

Great bliss clarified -- Six verses on co-emergence -- Utterly clear teaching of unification -- Definitive teaching on dreams -- Clear teaching on utter non-dwelling -- Full teaching of suchness -- Six verses on Madhyamaka.

A signal challenge of twenty-first century psychiatry is the effective treatment of existential/spiritual suffering in palliative care. This chapter will concentrate on research to assess the therapeutic potential of psilocybin to assuage that suffering. If a “psychedelic experience” can facilitate an acceptance of impending death, and reduce the existential suffering of those who endure it, it could prove to be a valuable intervention where one is sorely needed. The therapeutic use of psilocybin with dying patients (hereinafter patients) raises numerous questions (...) about research trial design, the model of psychiatry that might accommodate it, and the kind of experience it induces. Are these the sorts of experience that psychiatric treatment should effect on troubled patients? Is spiritual care within the ambit of psychiatry? There are epistemological questions as to the veridicality of the psychedelic experience. How much credence should we give it? I will argue in cautious support of ongoing research to evaluate the therapeutic use of psilocybin in palliative care. This argument can be extended to research on its therapeutic use in psychotherapy. The chapter will focus on four questions: (1) what is the ethical justification for this research on patients? (2) What types of research trial design are best used to assess the purported benefits of a psychedelic drug experience? (3) What is the epistemic warrant of the “mystical” and “noetic” facets of this experience? (4) What models of (a) psychiatry and (b) drug action could accommodate the therapeutic use of psilocybin in palliative care? (shrink)

Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political (...) and social conflicts. The volume as a whole shows how lively and exciting contemporary legal theory can be. (shrink)

Descartes is widely portrayed as the arch proponent of “the epistemological transparency of thought” (or simply, “Transparency”). The most promising version of this view—Transparency-through-Introspection—says that introspecting (i.e., inwardly attending to) a thought guarantees certain knowledge of that thought. But Descartes rejects this view and provides numerous counterexamples to it. I argue that, instead, Descartes’s theory of self-knowledge is just an application of his general theory of knowledge. According to his general theory, certain knowledge is acquired only through clear and distinct (...) intellection. Thus, in his view, certain knowledge of one’s thoughts is acquired only through clear and distinct intellection of one’s thoughts. Introspection is a form of intellection and it can be clear and distinct. Ordinarily, however, introspection isn’t clear and distinct but is instead confused with dubitable perceptions of bodies. To make introspection clear and distinct, we need to “sharply separate” it from all perceptions of bodies by doubting all perceptions of bodies. Without such radical doubt, introspection remains confused and we lack certain knowledge not just of the specific features of our thoughts, but even of the minimal claim that a thought exists. Far from being the high priest of Transparency, Descartes is radically opposed to it. (shrink)

The options in a decision problem generally have outcomes with common features. Putting aside the common features simplifies deliberations, but the simplification requires a philosophical justification that this book provides.

The Healing Virtues explores the intersection of psychotherapy and virtue ethics - with an emphasis on the patient's role within a healing process. It considers how the common ground between the therapeutic process and the cultivation of virtues can inform the efforts of both therapist and patient. Within this book, the Duff R. Waring argues that there is a case for patient virtues that are crucially relevant to working through the problems in living that arise in psychotherapy, e.g., honesty, (...) courage, humility, perseverance. The central idea is that treatment may need to build virtues while it ameliorates problems. Hence, the patient's work in psychotherapy can both challenge character strengths and result in their further development. (shrink)

This essay argues that the practice ofmedicine is not a phronetic activity in theoriginal Aristotelian sense of that term. Jonsen andToulmin are two philosophers who have conflated thetechne of medicine with phronesis. Thisconflation ignores Aristotle's crucial distinctionbetween techne and phronesis and his useof the medical analogy. It is argued that medicalreasoning is similar to phronesis but does notexemplify it. Phronesis will not save thelife of medical ethics. The concept could be utilized as amoral prosthetic.

Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...) want to focus my comments less on the details of Baron’s discussions of excuses in extra-legal contexts than on the implications of her discussion for our understanding of excuses in the criminal law. What light (if any, a sceptic might add) can such analyses of our extra-legal concepts and practices throw on legal concepts and doctrines? (shrink)

In response to Lawrence Solum's advocacy of a ‘virtue–centred theory of judging’, I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice (...) necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision. (shrink)

How can a critical analysis of entrepreneurial intention inform an appreciation of ethics in social enterprise business models? In answering this question, we consider the ethical commitments that inform entrepreneurial action and the hybrid organisations that emerge out of these commitments and actions. Ethical theory can be a useful way to reorient the field of social enterprise so that it is more critical of bureaucratic and market-driven enterprises connected to neoliberal doctrine. Social enterprise hybrid business models are therefore reframed as (...) outcomes of both ethical and entrepreneurial intentions. We challenge the dominant conceptualisation of social enterprise as a hybrid blend of mission and market by reframing hybridity in terms of the moral choice of economic system and social value orientation. We deconstruct the political foundations of charitable trading activities, co-operative and mutual enterprises and socially responsible businesses by examining the rationalities and ethical commitments that underpin them. Whilst conceptual modelling of social enterprise is not new, this paper contributes to knowledge by developing a theory of social enterprise ethics based on the moral/political choices that are made by entrepreneurs when choosing between systems of economic exchange and social value orientation, then expressing it through a legal form. (shrink)

The first book-length study of a leading tenth-century Ismaili theoretician Abu Ya'qub al-Sijistani.

The standard approach to ethics in psychotherapy is to focus on the therapist. Although normative “boundary” ethics revolves around what the therapist ought, or ought not, to do, virtue ethics can revolve around the kind of person the therapist ought to be. One can thus apply virtue ethical theory to clinical practice and argue for therapist virtues that are relevant to meeting professional standards and to working effectively through the problems that arise in psychotherapy. Considerably less attention has been paid (...) to how virtue ethics relates to the patient. The ethics of psychotherapy can also revolve around the sort of person the patient should be. I argue that there are nascent virtues which the patient can bring to psychotherapy that, when cultivated with the therapist, can facilitate a beneficial outcome and virtues that can be seen as psychotherapeutic goals toward which the patient ought to strive. (shrink)

The centrality of death rituals has in anthropologically informed studies of Buddhism been little documented. The current volume brings together a range of perspectives on Buddhist death rituals including ethnographic, textual, historical and theoretically informed accounts, and presents the diversity of the Buddhist funeral cultures of mainland Southeast Asia and China. It arises out of the University of Bristol's Centre for Buddhist Studies research project Buddhist Death Rituals in Southeast Asia and China, funded by the United Kingdom's Arts and Humanities (...) Research Council. This project involved extensive new research in Thailand, Laos and China. Other items from that project included several public exhibitions, extensive stills photographs, and several video films. The project-team produced two 30 minutes films on the ghost festival in Laos and China, one on urban funerals in Chiang Mai (Thailand) and several shorter clips dealing with funeral cultures in Laos, Thailand and China. Most of this material (and an extensive bibliography on the topic) is available free of charge from the project website located at the webpage of the Department of Theology and Religious Studies (Centre for Buddhist Studies) at the University of Bristol. (shrink)

This article contends that the evolution toward interdisciplinary collaboration that we are witnessing in the sciences must also occur in the humanities to ensure their very survival. That is, humanists must be open to working with scientists and social scientists interested in similar research questions and vice versa. Digital humanities is a positive first step. Complexity science should be the next step. Even though much of the ground-breaking work in complexity science has been done in the natural sciences and mathematics, (...) it can, if critically adapted, provide the needed metaphor for a broad integration of disciplines, humanistic and otherwise. Given its almost a-disciplinary nature, a complexity approach to the research problems in the humanities necessarily breaks down silos. Moreover, it can restore and reframe the seamless intellectual fabric sought by researchers before the atomization of the various disciplines in the nineteenthcentury academy. (shrink)

Grunbaum claims that the remedial failure of atreatment's characteristic factors is thegeneric, objective property of a placebo. Hestipulates that a treatment is placebic if thisremedial failure exacerbates the targetdisorder. This stipulation can subsume asplacebic effects that might be solelypharmacological, e.g., paradoxical reactions tocertain psychiatric drugs. If that exacerbationcan be explained pharmacologically, then wemight question whether Grunbaum's definitionalscheme captures the core identity of what weusually intend by the placebo concept. Ipropose that this core identity is bestcaptured by a symbolic meaning hypothesis (...) inwhich psychological factors exert thedeterminative influence. (shrink)

This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as (...) distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists. (shrink)