This article addresses the question of how multiple offenders – that is, offenders who have committed more than one crime before they are apprehended – should be punished from a retributivist point of view. Two theories are evaluated, both defending the view that there should be a bulk discount for multiple offending. According to the first theory, a bulk discount follows from the idea of a punishment ceiling for types of crimes and the principle of parsimony in (...) punishing. According to the second, the discount follows from a certain view on mercy. However, it is argued that both theories suffer from theoretical flaws and that they are also insufficient in practical terms. That is, they fail to provide a basis for the making of decisions about how multiple -offence cases should be dealt with by the criminal justice system. (shrink)

Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing (...) Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases. (shrink)

This article raises serious concerns regarding the widespread use of unproven interventions with juveniles who sexually offend and suggests innovative methods for addressing these concerns. Dominant interventions (i.e., cognitive-behavioral group treatments with an emphasis on relapse prevention) typically fail to address the multiple determinants of juvenile sexual offending and could result in iatrogenic outcomes. Methodologically sophisticated research studies (i.e., randomized clinical trials) are needed to examine the clinical and cost-effectiveness of cognitive-behavioral group interventions, especially those delivered in residential (...) settings. The moral and ethical mandate for such research is evident when considering the alternative, in which clinicians and society are willing to live in ignorance regarding the etiology and treatment of juvenile sexual offending and to consign offending youths to the potential harm of untested interventions. Encouraging signs of a changing ethical climate include recent federal funding of a randomized clinical trial examining treatment effectiveness with sexually offending youths and the introduction of separate (i.e., developmentally informed) clinical and legal interventions for juvenile versus adult sexual offenders. (shrink)

This contribution presents an outline of the current scholarly discussion of reconstruction with wh-movement, focussing on the Lebeaux Effect and wider aspects of reconstruction with wh-movement. It presents empirical problems for both the proposals based on the LE and the novel account of movement and reconstruction based on the notion of Minimal Copy. It points out that particular copies may differ not only in size but also in content. It refers to an analysis, where copies left by movement are levelled (...) with copies left by ellipsis and subject to the mechanism of Vehicle Change. An account of reconstruction including multiple copies and Vehicle Change predicts that the structural complexity of the wh-phrase and its distance from the offending c-commanding pronoun should contribute to an amelioration of Condition C in addition to the LE. (shrink)

The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment by (...) the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection. (shrink)

The literature studying the characteristics associated with revictimization in Intimate Partner Violence is heterogeneous and inconclusive. The absence of studies on the role of the emotional variables of the victims and the failure to distinguish revictimization by the same or different aggressors are two of the main limitations in this area of research. The aim of this work was to study the relative contribution of the material, social, and emotional resources available to IPV victims in predicting revictimization by the same (...) or different perpetrators. The sample consisted of 290 women registered in the city of Madrid who had filed at least one police report for intimate partner violence. The material resources of the victims were evaluated through their level of monthly income and employability status, the social resources through perceived social support, and the emotional resources through emotional regulation and coping strategies. Hierarchical multinomial logistic regression models were estimated to predict single-offender victimization, same-offender revictimization, and multiple-offender revictimization. The results revealed that: differentiating between revictimization by the same and different aggressors improved the fit of the model by 50.8% compared to when only differentiating between victimized and revictimized women; material resources had no significant weight in the prediction of any type of revictimization; SRV women had more social support than VSRDA women ;, those victims who had made several reports to the authorities of violence by different aggressors, had worse emotional regulation than those victims who had made a single report to the authorities ; and VSRDA obtained the worst mental health indexes and they used more coping strategies based on positive reappraisal than the VSR women and those victims with several reports by the same aggressor. These results show that being a victim of several episodes of intimate partner violence by different aggressors should be understood as a form of revictimization of great severity associated with worse emotional regulation and less social support. (shrink)

Minor-attracted persons raise multiple ethical and legal challenges. Sexual contact between adults and children is justly prohibited on child welfare grounds. Advances in technology raise the prospect of interventions for minor-attracted persons that have the potential to reduce harm to children by diverting would-be offenders to other endeavors that nonetheless may generate moral disgust This essay examines three of these potential harm reduction technologies (sex robots, haptic devices and synthetic child pornography) and raises the possibility that their use can (...) be justified and their acceptance morally obligatory if doing so reduces harm to real children. (shrink)

Most philosophers reject what we might call "penal pluralism": the idea that punishment can and should encompass multiple penal goals or principles. This is rejected because it is often held that different penal goals or principles will conflict: the goal of punishing an offender to the degree deserved may differ and even undermine the goal of enabling deterrence or rehabilitation. For this reason, most philosophers argue that we must make a choice, such as choosing between retribution and its alternatives. (...) In "Some Remarks on Punishment," F. H. Bradley re-examines the justification of punishment in light of a critique of Darwinism's importance for ethics. My primary focus is on how Bradley's substantive discussion of punishment only because it is here that this article's arguments have most relevance for us today. (shrink)

Criminalistics laboratories routinely provide cold hits in police investigations by comparing DNA profiles from crime scenes to offenders residing in the Combined DNA Index System. Forensic DNA analysis is often glamorized in popular culture, where the perpetrators are identified and crimes solved within a single television episode. In reality forensic DNA hits can identify perpetrators of violent offenses, link multiple crimes committed by the same individual, or exclude suspects and exonerate the falsely accused. Unlike the media portrayals, downstream activities (...) after a DNA identification or cold hit are often more complex. While the Federal Bureau of Investigation cites a national Data Bank of more than 7.2 million DNA profiles and 94,000 identifications nationwide, an in-depth analysis of public safety improvements made with CODIS is currently unavailable to forensic practitioners and public policy analysts. A review of case resolutions for 198 DNA database hits in San Francisco created performance metrics to provide a concrete measure of the effectiveness of DNA databasing efforts at the city and county level. (shrink)

This paper explores the derogatory uses of nicknames within closely-knit social settings such as villages, households, and schools. By examining ethnographic and psychological data on nicknaming practices, this paper contends that pejorative nicknames and slurs share structural and functional attributes. On the one hand, pejorative nicknames and slurs can elicit deep offence regardless of the speaker’s intentions or whether they occur within speech reports. On the other, pejorative nicknames can contribute to creating and reinforcing unjust intra-group hierarchies, hence mirroring the (...) role of slurs within a smaller social scale. To explain these shared attributes, this paper argues (i) that both forms of verbal aggression index multiple dimensional qualities such as ‘negative valence’, ‘neutral arousal’, and ‘high dominance’ rather than discrete emotional categories such as ‘contempt’ or ‘anger’, and (ii) that the expression of high dominance in social interactions underlies their capacity to offend. Then, it translates this hypothesis into a Bayesian model of sociolinguistic variation inspired by Heather Burnett’s work on identity construction, thus integrating pragmatic reasoning into a psychologically informed framework for interpreting emotional cues. By studying both phenomena in tandem, this paper shows how understanding nicknaming dynamics within smaller speech-act communities can contribute to our comprehension of the derogatory impact of slurs in more intricate social contexts. (shrink)

In a survey on research misconduct, roughly 20% of the respondents admitted that they have submitted federal grant proposals that include scholars as research participants even though those scholars were not expected to contribute to the research effort. This manuscript argues that adding such false investigators is illegal, violating multiple federal statutes including the False Statements Act, the False Claims Act, and False, Fictitious, or Fraudulent Claims. Moreover, it is not only the offending academics and the false investigators (...) that face civil and criminal penalties because administrators may also be liable if they sign off on proposals and are in a position to know that false investigators might be included. Policy recommendations that should reduce the use of false investigators include changing institutional cultures, better training and oversight of the responsible conduct of research, and, most importantly, making all grant reviews double blind. (shrink)

Apologies are key components of moral repair. They can identify a wrong, express regret, and accept culpability for some transgression. Apologies can vindicate a victim's value as someone who was due different treatment. This paper explores whether acts with vicarious elements may serve as apologies. I offer a functionalist account of apologies: acts are apologies not so much by having correct ingredients but by serving certain apologetic functions. Those functions can be realized in multiple ways. Whether the offenders are (...) individuals or collectives, they can sometimes fulfill such functions through third party agents. Having vicarious elements does not necessarily undermine the reparative reasons offenders hope to provide. (shrink)

State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the legitimacy (...) of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection’s meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender’s side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process. (shrink)

Despite the bad press that revenge has received from moral philosophers and legal theorists, it can be a legitimate way to forge a link between wrongful behavior and penalties that karmic moral theories can only postulate. It can be especially effectual in commonplace cases that are under the radar of formal systems of justice. In such cases it can play a positive role in strengthening the moral foundations of a community. In those cases acts of revenge can provide a morally (...) valuable antidote to the negative participant reactive attitudes of community members. They can be an expression of morality in and for itself while exorcizing such pent up emotions as resentment, hatred, indignation, anger, antipathy, annoyance, umbrage, and ire. I maintain that responding in morally appropriate ways to insults, derisions, disparagements, and other forms of perceived wrongful disrespect and ill will is elemental in sustaining equitable human relations. To reiterate and paraphrase a point Robert Nozick made, the only power that morality has to affect human affairs resides in the critical responses moral people feel obliged to make upon recognizing the wrongful quality of another person’s acts or will. In this paper I apply the four criteria I defended in the book The Virtues of Vengeance to rather mundane cases of perceived maltreatment, exploitation, oppression, and/or neglect, and I deal with the issue of regulating multiple avengers who are bent on dealing out revenge to offenders in such commonplace cases. (shrink)

ABSTRACT Prisons intersect with violence in multiple ways. In addition to holding people convicted of violent harms while also inflicting violence on those inside (including staff), they enact violence on the basic ability to be human by continually severing the kinds of personal relationships that define what it means to be human, such as through solitary confinement and the severe limitations placed by prisons on personal relationships between prisoners and people on the outside. This article questions the distinction between (...) “violent offenders” and “nonviolent offenders,” suggests that the entire criminal legal system itself enacts exorbitant violence, and asks how people leaving prison are supposed to be able to recover their humanity by relearning how to form meaningful and committed relationships, after living for years in a place that denies them that right. (shrink)

In this paper I argue for a theory of punishment I call Multilateral Retributivism. Typically retributive notions of justice are unilateral: focused on one person’s desert. I argue that our notions of desert are multilateral: multiple people are owed when a moral crime is committed. I argue that the purpose of punishment is communication with the end-goal of reconciling the offender to society. This leads me to conclude that the death penalty and life without parole are unjustified because they (...) necessarily cut communication short. (shrink)

The data mining field in computer science specializes in extracting implicit information that is distributed across the stored data records and/or exists as associations among groups of records. Criminal databases contain information on the crimes themselves, the offenders, the victims as well as the vehicles that were involved in the crime. Among these records lie groups of crimes that can be attributed to serial criminals who are responsible for multiple criminal offenses and usually exhibit patterns in their operations, by (...) specializing in a particular crime category (i.e., rape, murder, robbery, etc.), and applying a specific method for implementing their crimes. Discovering serial criminal patterns in crime databases is, in general, a clustering activity in the area of data mining that is concerned with detecting trends in the data by classifying and grouping similar records. In this paper, we report on the different statistical and neural network approaches to the clustering problem in data mining in general, and as it applies to our crime domain in particular. We discuss our approach of using a cascaded network of Kohonen neural networks followed by heuristic processing of the networks outputs that best simulated the experts in the field. We address the issues in this project and the reasoning behind this approach, including: the choice of neural networks, in general, over statistical algorithms as the main tool, and the use of Kohonen networks in particular, the choice for the cascaded approach instead of the direct approach, and the choice of a heuristics subsystem as a back-end subsystem to the neural networks. We also report on the advantages of this approach over both the traditional approach of using a single neural network to accommodate all the attributes, and that of applying a single clustering algorithm on all the data attributes. (shrink)

For anyone who teaches the philosophy of law this is an indispensible volume. Currie's intent is to provide a critical history of the Court's constitutional work for the first hundred years. In writing that history he displays the multiple methods of constitutional analysis and the techniques of opinion writing employed under seven Supreme Court justices. Not surprisingly, he concludes that judicial performance is not uniform. Currie makes no attempt to hide the vantage point from which he is writing. He (...) assumes that the Constitution is a law binding the judges no less than the other officials whose action the Court undertakes to review. He flatly states his conviction that judges have no right to ignore those constitutional limitations with which they disagree and adds that when Congress has acted within the powers granted by the Constitution, it is not for the Court to interfere. The same is true for state laws that do not offend the Constitution. "It follows," says Currie, "that the judges have no more right to invent limitations not found in the Constitution than to disregard those put there by the Framers. In short, when a judge swears to uphold the Constitution, he promises obedience to a set of rules laid down by someone else.". (shrink)

A prominent view of psychopathic moral reasoning suggests that psychopathic individuals cannot properly distinguish between moral wrongs and other types of wrongs. The present study evaluated this view by examining the extent to which 109 incarcerated offenders with varying degrees of psychopathy could distinguish between moral and conventional transgressions relative to each other and to nonincarcerated healthy controls. Using a modified version of the classic Moral/Conventional Transgressions task that uses a forced-choice format to minimize strategic responding, the present study found (...) that total psychopathy score did not predict performance on the task. Task performance was explained by some individual subfacets of psychopathy and by other variables unrelated to psychopathy, such as IQ. The authors conclude that, contrary to earlier claims, insufficient data exist to infer that psychopathic individuals cannot know what is morally wrong. (shrink)

Individuals convicted of crimes are often subject to numerous restrictions — on housing, employment, the vote, public assistance, and other goods — well after they have completed their sentences, and in some cases permanently. The question of whether — and if so, when — ex-offender restrictions are morally permissible has received surprisingly little philosophical scrutiny. This article first examines the significance of completing punishment, of paying one's debt to society, and contends that when offenders' debts are paid, they should be (...) restored to full standing as citizens. Thus all ex-offender restrictions are presumptively unjustified. Nonconsequentialist defences of these restrictions are ultimately unsuccessful in defeating the presumption against them. In a limited range of cases, consequentialist considerations — namely, of risk reduction — may be sufficient to override the presumptive case against these restrictions. The article concludes by suggesting a number of criteria for assessing whether particular restrictive measures are permissible on grounds of risk reduction. (shrink)

Some environmental views characterise the human abuse of nature as an offence against nature itself. What conception of nature would best fit that characterisation? To focus upon such a conception, aesthetic offences against nature are examined and distinguished at the outset from moral offences. Aesthetic offences are divided into those internal to our cultural outlook and external to it. The external outlook, conceiving nature as a thing wholly apart from us, is shown to be necessary to any view of nature (...) being offended against. Central to the external outlook is a conception of nature as the victim of offence without ever being itself an offending agent. Best fitting this is the notion of nature as primordially innocent. Given this metaphorical extension, the awkward consequence arises that any human use of nature constitutes thereby an abuse of it from the external standpoint. (shrink)

Rehabilitation programmes are widely offered to offenders in custodial and community settings around the world. Despite the existence of a large evidence base that identifies features of effective practice, levels of programme integrity remain low and are widely believed to undermine successful rehabilitation. In this paper it is suggested that conceptualising rehabilitation as a moral activity which involves assisting offenders to make better ethical decisions is one way to address some of the difficulties in the delivery of rehabilitation programmes that (...) potentially lead to low levels of integrity, thereby increasing effectiveness. (shrink)

Multiple realizability has been at the heart of debates about whether the mind reduces to the brain, or whether the items of a special science reduce to the items of a physical science. I analyze the two central notions implied by the concept of multiple realizability: "multiplicity," otherwise known as property variability, and "realizability." Beginning with the latter, I distinguish three broad conceptual traditions. The Mathematical Tradition equates realization with a form of mapping between objects. Generally speaking, x (...) realizes (or is the realization of) y because elements of y map onto elements of x. The Logico-Semantic Tradition translates realization into a kind of intentional or semantic notion. Generally speaking, x realizes (or is the realization of) a term or concept y because x can be interpreted to meet the conditions for satisfying y. The Metaphysical Tradition views realization as a species of determination between objects. Generally speaking, x realizes (or is the realization of) y because x brings about or determines y. I then turn to the subject of property variability and define it in a formal way. I then conclude by discussing some debates over property identity and scientific theory reduction where the resulting notion of multiple realizability has played a central role, for example, whether the nonreductive consequences of multiple realizability can be circumvented by scientific theories framed in terms of narrow domain-specific properties, or wide disjunctive properties. (shrink)

This essay asks whether restorative justice practices in criminal legal systems are consistent with the aims of a liberal state.

Written by a multi-disciplinary group of leading practitioners, _Sexual Offending Against Children_ provides an account of the practice, policy and management issues involved in the assessment and treatment of adult and adolescent sexual offenders against children. Written for practitioners from all disciplines concerned with this area of work, it is underpinned by a strong theoretical base, giving a practical and detailed description of the management of sexual offenders, as well as the potential impact on service providers.

A central thinker on the question of the animal in continental thought, Élisabeth de Fontenay moves in this volume from Jacques Derrida’s uneasily intimate writing on animals to a passionate frontal engagement with political and ethical theory as it has been applied to animals—along with a stinging critique of the work of Peter Singer and Paola Cavalieri as well as with other “utilitarian” philosophers of animal–human relations.Humans and animals are different from one another. To conflate them is to be intellectually (...) sentimental. And yet, from our position of dominance, do we not owe them more than we often acknowledge? In the searching first chapter on Derrida, she sets out “three levels of deconstruction” that are “testimony to the radicalization and shift of that philosopher’s argument: a strategy through the animal, exposition to an animal or to this animal, and compassion toward animals.” For Fontenay, Derrida’s writing is particularly far-reaching when it comes to thinking about animals, and she suggests many other possible philosophical resources including Adorno, Leibniz, and Merleau-Ponty.Fontenay is at her most compelling in describing philosophy’s ongoing indifference to animal life—shading into savagery, underpinned by denial—and how attempts to exclude the animal from ethical systems have in fact demeaned humanity. But Fontenay’s essays carry more than philosophical significance. Without Offending Humans reveals a careful and emotionally sensitive thinker who explores the unfolding of humans’ assessments of their relationship to animals—and the consequences of these assessments for how we define ourselves. (shrink)

The notion of multiple location plays an important role in the characterization of endurantism. Several authors have recently offered cases intended to demonstrate the incoherence of multiple location. I argue that these cases do not succeed in making multiple location problematic. Along the way, several crucial issues about multiple location and its use by endurantists are clarified.

Since Hilary Putnam offered multiple realization as an empirical hypothesis in the 1960s, philosophical consensus has turned against the idea that mental processes are identifiable with brain processes, and multiple realization has become the keystone of the 'antireductive consensus' across philosophy of science. Thomas W. Polger and Lawrence A. Shapiro offer the first book-length investigation of multiple realization, which serves as a starting point to a series of philosophically sophisticated and empirically informed arguments that cast doubt on (...) the generality of multiple realization in the cognitive sciences. They argue that mind-brain identities have played an important role in the growth and achievements of the cognitive sciences, and suggest that there is little prospect for multiple realization in an empirically-based theory of mind. This leads Polger and Shapiro to offer an alternative framework for understanding explanations in the cognitive sciences, as well as in chemistry, biology, and other non-basic sciences. (shrink)

A central thinker on the question of the animal in continental thought, Élisabeth de Fontenay moves in this volume from Jacques Derrida’s uneasily intimate writing on animals to a passionate frontal engagement with political and ethical theory as it has been applied to animals—along with a stinging critique of the work of Peter Singer and Paola Cavalieri as well as with other “utilitarian” philosophers of animal–human relations. Humans and animals are different from one another. To conflate them is to be (...) intellectually sentimental. And yet, from our position of dominance, do we not owe them more than we often acknowledge? In the searching first chapter on Derrida, she sets out “three levels of deconstruction” that are “testimony to the radicalization and shift of that philosopher’s argument: a strategy _through_ the animal, exposition to an animal or to this animal, and compassion _toward_ animals.” For Fontenay, Derrida’s writing is particularly far-reaching when it comes to thinking about animals, and she suggests many other possible philosophical resources including Adorno, Leibniz, and Merleau-Ponty. Fontenay is at her most compelling in describing philosophy’s ongoing indifference to animal life—shading into savagery, underpinned by denial—and how attempts to exclude the animal from ethical systems have in fact demeaned humanity. But Fontenay’s essays carry more than philosophical significance. _Without Offending Humans_ reveals a careful and emotionally sensitive thinker who explores the unfolding of humans’ assessments of their relationship to animals—and the consequences of these assessments for how we define ourselves. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

1. Anderson and Lepore (2013) argue that the offensiveness of slur terms can’t consist (merely?) in their having derogatory meanings because even quotation marks fail to prevent offence being cause...

The essays in this volume consider the question of whether the self is a unity or whether it should be conceived without metaphor as divided - as a 'multiple self'. The issue is a central one for several disciplines. It bears directly on the account of rationality and the explanation of individual decision-making and behaviour. Is the hypothesis of a multiple self required to deal with the problems of self-deception and weakness of will; and can the conceptual tools (...) developed in the study of interpersonal conflict be applied to the analysis of intra-personal struggle? Most of the essays, by a number of leading philosophers, psychologists and economists, appear here for the first time. They bring out the interdisciplinary importance of the question, and will interest readers in all those areas. The volume will also usefully supplement The Foundations of Social Choice Theory, edited by Jon Elster and Aanund Hylland, which appears in the same series and is also concerned with the foundations of rationality. (shrink)

The aim of the paper is to investigate how retributivists should respond to the apparent tension between moral desert and proportionality in punishment. I argue that rather than attempting to show that the term ‘proportionate punishment’ refers to whatever penal treatment the offender morally deserves, retributivists should maintain two things: first, that a punishment is proportionate when it is commensurate to the seriousness of the crime; second, that offenders morally deserve proportionate punishments. This view requires adopting a local theory of (...) desert as opposed to a holistic one. In the second part of the paper, I argue that there are indeed good reasons to adopt a local theory of desert. Once retributivism is seen through the lens of local desert, there is no obvious mistake in saying that offenders morally deserve punishments that are proportionate to the seriousness of their crimes. (shrink)

Multiple authorship is the universal solution to multi-tasking in the sciences. Without a team, each with their own set of expertise, and each involved mostly in complementary ways, a research project will likely not advance quickly, or effectively. Consequently, there is a risk that research goals will not be met within a desired timeframe. Research teams that strictly scrutinize their modus operandi select and include a set of authors that have participated substantially in the physical undertaking of the research, (...) in its planning, or who have contributed intellectually to the ideas or the development of the manuscript. Authorship is not an issue that is taken lightly, and save for dishonest authors, it is an issue that is decided collectively by the authors, usually in sync with codes of conduct established by their research institutes or national ministries of education. Science, technology and medicine publishers have, through independent, or sometimes coordinated efforts, also established their own sets of guidelines regarding what constitutes valid authorship. However, these are, for the greater part, merely guidelines. A previous and recent analysis of authorship definitions indicates that the definitions in place regarding authorship and its validity by many leading STM publishers is neither uniform, nor standard, despite several of them claiming to follow the guidelines as set forward by the International Committee of Medical Journal Editors or ICMJE. This disparity extends itself to ghost and guest authorship, two key authorship-related issues that are examined in this paper to assess the extent of discrepancies among the same set of STM publishers and what possible influence they might have on publishing ethics. (shrink)

Is it morally acceptable to instigate criminal offenders to participate in rehabilitative treatment by offering treatment in return for early release from prison? Some theorists have supported such treatment schemes by pointing to the beneficial consequences that follow from the treatment. Others have suggested that the schemes are unacceptably coercive, which implies that consent becomes an illusion. This paper argues that the discussion—with clear parallels to debates of other healthcare treatment offers in medical ethics—has adopted a too narrow focus. By (...) failing to consider the question as a penal theoretical problem, the arguments—both by proponents and critics of coercive treatment—become premature. (shrink)

In the UK and USA ‘Hate crime’ has become a topic of public controversy and social mobilization around issues of violence and harassment. This has largely but not exclusively addressed racism, homophobia and gender based violence. This article has three objectives. First, to situate hate crime legislation within a broad theory of modernity;secondly to examine the politics of its emergence as a public issue; thirdly to use data from the authors' recent research in Greater Manchester to illuminate the complexity of (...) the concept of ‘hate crime’. The centrality of ‘hate crime’ to current debates derives from the importance of rights-based regulation of complex societies and the juridical management of emotional life. Hatred and violence have become problematic behaviour thrown into relief by a long term civilizing process. Hate crimes have thus acquired powerful rhetorical focus for mobilization of victim and identity politics. With reference to racist violence in Oldham and elsewhere in Greater Manchester, we argue that in its application and construction, however, ‘hate crime’ is a complex phenomenon that might dramatize rather than regulate the problems it seeks to address. (shrink)

Gilles Deleuze demonstrated the key role of flashback in dealing with the relationship between actual image and recollection-image when interpreting the temporality of images. He established two criteria for judging whether a flashback implies a recollection-image by stating that: (1) it serves as some kind of prompt in the narrative to make the viewer perceive that the scene has entered a flashback; (2) it relies on fate or forking time. But Deleuze also mentioned that, if the context or condition disappears, (...) the recollection-image represented by the flashback will lose its support, at which point, the pure recollection will also disappear. In this case, the actual image no longer forms a connection with the sensor-motor, but is suspended, which produces a fantasmatic effect. Bi Gan extends this suspension in his film “Long Day’s Journey into Night” by removing the character being referred to in the flashback, stripping it from figure and confining it in the voice-over. The film features an extreme use of several effects in the sensory-motor situations and the flashbacks, as described in Deleuze’s “Cinema 2: Time-Image,” namely recollection, dream, and falsification. Thus, the boundary between flashback and reality is completely broken. In addition, Bi Gan uses doppelgangers in the second part of the film to reconstruct the ambiguity of actual images and recollection-images in the first part, turning them into pure fantasies. This essay will analyze issues relating to the images and characters in “Long Day’s Journey into Night” and show how this film constitutes a typical case of recollection-images transformed into fantasies through the power of falsification. (shrink)

Descriptive accounts of the nature of explanation in neuroscience and the global goals of such explanation have recently proliferated in the philosophy of neuroscience and with them new understandings of the experimental practices of neuroscientists have emerged. In this paper, I consider two models of such practices; one that takes them to be reductive; another that takes them to be integrative. I investigate those areas of the neuroscience of learning and memory from which the examples used to substantiate these models (...) are culled, and argue that the multiplicity of experimental protocols used in these research areas presents specific challenges for both models. In my view, these challenges have been overlooked largely because philosophers have hitherto failed to pay sufficient attention to fundamental features of experimental practice. I demonstrate that when we do pay attention to such features, evidence for reduction and integrative unity in neuroscience is simply not borne out. I end by suggesting some new directions for the philosophy of neuroscience that pertain to taking a closer look at the nature of neuroscientific experiments. (shrink)

This commentary continues an exchange on eugenics in Monash Bioethics Review between Anomaly (2018), Wilson (2019), and Veit, Anomaly, Agar, Singer, Fleischman, and Minerva (2021). The eponymous question, “Can ‘Eugenics’ be Defended?”, is multiply ambiguous and does not receive a clear answer from Veit et al.. Despite their stated desire to move beyond mere semantics to matters of substance, Veit et al. concentrate on several uses of the term “eugenics” that pull in opposite directions. I argue, first, that Veit et (...) al. (2021) makes much the same error as does Anomaly (2018) in characterizing eugenics; second, that the paper misunderstands the relationship between eugenics and enhancement; and third, that it distorts the views expressed in my “Eugenics Undefended”. (shrink)

Many criminal offenders come from disadvantaged backgrounds, which punishment entrenches. Criminal culpability explains some disadvantageous treatment in state-offender interactions; yet offenders remain people, and ‘some mother’s child’, in Eva Kittay’s terms. Offending behaviour neither erases needs, nor fully excuses our responsibility for offenders’ needs. Caring is demanded in principle, recognising the offender’s personhood. Supporting offenders may amplify welfare resources: equipping offenders to provide self-care; to meet caring responsibilities; and enabling offenders’ contribution to shared social life, by providing support and (...) furthering the choices of others seeking to engage with them. The desistance paradigm (viewing desistance from offending as a process, following from an offender’s active choice in the context of stabilising social structures and personal circumstances), implies that a supportive environment may facilitate reduced recidivism. While decisions about criminal culpability need justice, we may use state resources most effectively by also including care ethics in our thinking about punishment. (shrink)

With the growing prominence of restorative justice interventions, criminal justice is being reconceptualized in terms of a new paradigm of justice. The central concept of this new paradigm is victim-offender empowerment. The paper articulates the meaning and application of this idea in restorative justice philosophy and practice.

Punishment is a grave intrusion into individual liberty, yet in most liberal criminal justice systems, including England and Wales, those punished are rarely directly engaged in determining their sentence. Consequently, the offender’s agency in respect of sentence—i.e. the offender’s capacity to play an active part in the sentencing process—is limited. Drawing on existing theories of punishment, the article argues that there may be justifications and scope for allowing offenders to exercise agency in a state-centred sentencing process, even though this scope (...) is inevitably limited. It aims to develop a conceptual account of an ‘agentic’ sentencing system, arguing this should be based on the paradigm of a dialogue between the judge and offender. To preserve the state’s fundamental role in sentencing, constraints should be placed on the exercise of agency. The proposed model embodies a conception of sentencing as a decision-making process to be done _with_ offenders, rather than _to_ offenders. Nonetheless, while some objections can be rebutted, others demonstrate the gap between the theoretical ideal of respecting the offender’s agency at sentencing and how an agentic sentencing system might function in practice. (shrink)