Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.4 (2000) 617-634 [Access article in PDF] Edmund Burke and Reason of State David Armitage Edmund Burke has been one of the few political thinkers to be treated seriously by international theorists. 1 According to Martin Wight, one of the founders of the so-called "English School" of international theory, Burke was "[t]he only political philosopher who has turned wholly from political theory (...) to international theory." 2 The resurgence of interest in Burke as an international theorist has not, however, generated any consensus about how he might be classified within the traditions of international theory. Wight variously divided thinkers into trichotomous schools of Realists, Rationalists, and Revolutionaries, Machiavellians, Grotians, and Kantians, or theorists of international anarchy, habitual intercourse, or moral solidarity; 3 more recent international theorists have refined or supplemented these categories to construct similar trinitarian traditions of Realism, Liberalism, and Socialism, and of Empirical Realism, Universal Moral Order, and Historical Reason. 4 Burke's place within any of these traditions remains uncertain. Debate over whether he was a realist or an idealist, a [End Page 617] Rationalist or a Revolutionist, has concluded variously that he was a "conservative crusader" or an "historical empiricist," a belated dualist or a Cold Warrior before the fact, or, most egregiously, "a proto-Marxist, or more precisely proto-Gramscian" theorist of hegemony. 5 The fact that Burke so obviously eludes definition may put in doubt the analytical utility of closely-defined "traditions" of international theory. 6Burke's relationship to conceptions of reason of state provides a more precise example of the confusion within such taxonomies. According to one recent historian of international theory, Burke "laid the foundations" of the "conservative approach to International Relations informed by the two modern notions of state interest and necessity, by raison d'état"; however, in the words of another, "Burke... was vehemently opposed to the idea of Reason of State and did not subscribe to the view that national interests override moral laws." 7 The assumptions on which each of these judgments rests are clearly incompatible: on the one hand that a "conservative approach" in the realm of foreign affairs implies an espousal of reason of state defined as the primacy of "state interest and necessity," that Burke did indeed acknowledge; on the other hand that reason of state is defined more exactly as "the view that national interests override moral laws" and that Burke did not hold such a view, so could not be defined as a reason-of-state theorist. It might of course be possible that Burke held various views on such matters at various points in his long literary and political career or that he argued for differing conceptions of reason of state in differing contexts. To test such a hypothesis demands a historical account of Burke's relationship to the theories of reason of state held by his contemporaries and predecessors. [End Page 618]To place Burke within traditions of reason of state might seem to be a simple category error. After all, he famously scorned "dashing Machiavellian politicians," deplored "the odious maxims of a Machiavellian policy," condemned "the dreadful maxim of Machiavel that in great affairs men are not to be wicked by halves," and identified the Discorsi as the inflammatory textbook of French republicanism. 8 His strictures on Machiavelli and Machiavellianism affirmed avant la lettre the classic modern account of reason of state offered by Friedrich Meinecke, which counterposed "raison d'état on the one hand, and ethics and law on the other" and traced the emergence of this separation to the heathen Florentine who had given the tradition its familiar nickname. 9 Such accounts of reason of state and of Machiavelli reinforced the long-standing interpretation of Burke as the last of the medieval theorists of natural law, for whom no merely human calculations of advantage or interest could override the dictates of divine reason. If reason of state represented the doctrine that political expediency should supersede moral law, then Burke could only have been its (and Machiavelli's) enemy: his "politics... were grounded... (shrink)

We identify a number of principles with respect to prediction that, we argue, underpin adult language comprehension: (a) comprehension consists in realizing a mapping between the unfolding sentence and the event representation corresponding to the real‐world event being described; (b) the realization of this mapping manifests as the ability to predict both how the language will unfold, and how the real‐world event would unfold if it were being experienced directly; (c) concurrent linguistic and nonlinguistic inputs, and the prior internal states (...) of the system, each drive the predictive process; (d) the representation of prior internal states across a representational substrate common to the linguistic and nonlinguistic domains enables the predictive process to operate over variable time frames and variable levels of representational abstraction. We review empirical data exemplifying the operation of these principles and discuss the relationship between prediction, event structure, thematic role assignment, and incrementality. (shrink)

Beloved author of, among many other books, the bestsellers How to Argue and Win Every Time and The Making of a Country Lawyer , Gerry Spence distills a lifetime of wisdom and observation about how we live, and how we ought to live in Seven Simple Steps to Personal Freedom . Here, in seven chapters, he delivers messages that inspire us first to recognize our servitude-to money, possessions, corporations, the status quo, and our own fears-and then shows us how (...) to begin the self-defining process toward liberation. Seven Simple Steps to Personal Freedom is a powerfully affirming, large-hearted, and life-changing book that asks us all to take the greatest risk for the greatest reward-our own freedom. (shrink)

A highly original history, tracing civil war, the least understood and most intractable form of organized human aggression, from Ancient Rome through the centuries to present day.

Jean Baudrillard loved cinema and was fascinated by the collusions which occur between it and life. He also believed that technologies of virtualization and the pursuit of realism were deeply harmful to the quality of the cinematic image. Precisely at the time when cinema was subject to these forces he pointed out that it is coming to play a far more important role in the collective understanding of history than are the best scholarly histories. Because of the focus he took (...) concerning cinema his work will remain important to discussions of the intersections between film and philosophy well into the future. (shrink)

The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different (...) sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times. (shrink)

Is there a public good? A prevalent view in political science is that democracy is unavoidably chaotic, arbitrary, meaningless, and impossible. Such scepticism began with Condorcet in the eighteenth century, and continued most notably with Arrow and Riker in the twentieth century. In this powerful book, Gerry Mackie confronts and subdues these long-standing doubts about democratic governance. Problems of cycling, agenda control, strategic voting, and dimensional manipulation are not sufficiently harmful, frequent, or irremediable, he argues, to be of normative (...) concern. Mackie also examines every serious empirical illustration of cycling and instability, including Riker's famous argument that the US Civil War was due to arbitrary dimensional manipulation. Almost every empirical claim is erroneous, and none is normatively troubling, Mackie says. This spirited defence of democratic institutions should prove both provocative and influential. (shrink)

This paper sets out to accomplish two goals. First, drawing on the Irish perspective, it reconceptualises one of the enduring legacy-based harms of epistemic colonisation, in this case, ‘linguicism’, in terms of ‘hermeneutical injustice’. Second, it argues that otherwise well-meaning attempts to combat epistemic colonisation through the inclusion of marginalised testimony can, in certain circumstances, lead to cases of ‘epistemic exploitation’, which, in turn, can result in ‘ontic burnout’. Both linguicism and epistemic exploitation, this paper theorizes, have the potential to (...) bring about ontic burnout. Here is the plan: to set the scene, section I briefly surveys some key arguments supporting the call for higher education institutions (HEIs) to engage in epistemic decolonising, focusing on the importance of striking a balance between two extremes: (i) abandoning all forms of Eurocentric/colonial knowledge through the elimination of inherited thinking and conceptual schemes which result from colonization, in particular, those which remain in our thinking “owing to inertia rather than to our own reflective choices” (Wiredu 2002, p.56); (ii) the other—pursuing a more positive project where we seek to, “exploit as much as is judicious the resources of indigenous conceptual schemes” (Wiredu 1996: p.136). From here, it moves to consider harms associated with a subset of ‘epistemicide’, that is, ‘linguicism’—a phenomenon where the language and culture of the colonizer become part of the ‘civilising project’ and, in more extreme cases of linguicide, forcibly replaces indigenous languages. Section II then explores the subtleties of harmful by-products deriving from ‘inclusion’, namely that which scholars refer to as ‘epistemic exploitation’. Situations where marginalised scholars are finally ‘at the table but still on the menu’ arise when privileged persons, compel marginalised knowers to educate them [and others] about the nature of their oppression (Berenstain, 2016). Habitual requests to turn themselves inside out for emancipatory principles give rise to a phenomenon known as ontic burnout (Dunne and Kotsonis, 2022, p.9)—“a form of dissociative explanatory fatigue culminating in oppressed persons engaging in a conscious or unconscious decoupling from their socially constructed identity, from the burdens and injustices associated with being a member of a certain social kind”. This harm is, I argue, rarely discussed in the literature and worthy of further analysis. (shrink)

What it means to be a knower together with the social practices through which we come to know are irreducibly complex ethical concepts (Congdon, 2018). Extant analyses of epistemic injustice typica...

We have been asked to consider the feasibility of piloting a Citizens’ Basic Income : a basic, unconditional, universal, individual, regular payment that would replace aspects of social security and be introduced alongside changes to taxes. Piloting and evaluating a CBI as a Cluster Randomized Control Trial raises the question of whether intervention and comparison groups would be in equipoise, and thus whether randomization would be ethical. We believe that most researchers would accept that additional income, or reduced conditions on (...) receiving income would be likely to improve health, especially at lower income levels. However, there are genuine uncertainties about the impacts on other outcomes, and CBI as a mechanism of providing income. There is also less consensus amongst civil servants and politicians about the impacts on health, and substantial disagreement about whether these would outweigh other impacts. We believe that an RCT is ethical because of these uncertainties. We also argue that the principle of equipoise should apply to randomized and non-randomized trials; that randomization is a fairer means of allocating to intervention and comparison groups; and that there is an ethical case for experimentation to generate higher-quality evidence for policymaking that may otherwise do harm. (shrink)

Soft X‐ray tomography (SXT) is an imaging technique capable of characterizing and quantifying the structural phenotype of cells. In particular, SXT is used to visualize the internal architecture of fully hydrated, intact eukaryotic and prokaryotic cells at high spatial resolution (50 nm or better). Image contrast in SXT is derived from the biochemical composition of the cell, and obtained without the need to use potentially damaging contrast‐enhancing agents, such as heavy metals. The cells are simply cryopreserved prior to imaging, and (...) are therefore imaged in a near‐native state. As a complement to structural imaging by SXT, the same specimen can now be imaged by correlated cryo‐light microscopy. By combining data from these two modalities specific molecules can be localized directly within the framework of a high‐resolution, three‐dimensional reconstruction of the cell. This combination of data types allows sophisticated analyses to be carried out on the impact of environmental and/or genetic factors on cell phenotypes. (shrink)

Humanitarian aid professionals frequently encounter situations in which one is conscious of the morally appropriate action but cannot take it because of institutional obstacles. Dilemmas like this are likely to result in a specific kind of stress reaction at the individual level, labeled as moral stress. In our study, 16 individuals working with international humanitarian aid and rescue operations participated in semistructured interviews, analyzed in accordance with a grounded theory approach. A theoretical model of ethical decision making from a moral (...) stress perspective was developed. The practical implications of the study are discussed. (shrink)

In the colonial period since 1492, the colonial masters of Europe sent perpetrators within the colonised territories to other colonies where they became slaves – forced migration and diaspora. These slaves started a new life and became, like Cain’s children, the ancestors of a few notable families – a typical postcolonial situation of creating hybrid identities where East met West in Africa to procreate. The question this article asks is the following: how can one link migration and diaspora to Cain’s (...) situation? Cain’s punishment was twofold: the earth would no longer yield to him any fruit, and he would become a fugitive and a wanderer. It is as if the first logically led to the second in the Hebrew text. Cain’s vulnerability had a positive effect, so that later on in the story he seemed to have settled and procreated to the extent that his children became founders of arts, science and technology. The LXX partly solves this contradiction by making Cain physically handicapped with trembling and groaning. Significantly, in both traditions he is said to leave the presence of the deity to live elsewhere where he would not be confronted with either the deity or his parents. In both instances, a migration is clearly taking place with the implication that once being branded a perpetrator one can no longer reside within the community or society in whose midst the transgression took place. The perpetrator is removed from the victims and the latter need no longer confront him or her. This article will subsequently consider the following: the value of migration in the biblical text, the significance of Cain moving away from his clan and deity, and the effect of settling elsewhere. (shrink)

Comprised of 152 photographs taken between 1967 and 1975, This book captures the innocence and earnestness of the early Canadian hippie movement, from political protests and speakers' corners, to Festival Express and Mariposa.

Some writers appear to believe that a theory of justice must somehow pick people up by the scruff of the neck and force them to behave justly, regardless of their beliefs or inclinations. This is an absurd demand... (B. Barry, Justice as Impartiality).

This paper proposes a novel educational approach to epistemic vice rehabilitation. Its authors Gerry Dunne and Alkis Kotsonis note that, like Quassim Cassam, they remain optimistic about the possibility of improvement with regard to epistemic vice. However, unlike Cassam, who places the burden of minimizing or overcoming epistemic vices and their consequences on the individual, Dunne and Kotsonis argue that vice rehabilitation is best tackled via the exemplarist animated community of inquiry zetetic principles and defeasible-reasons-regulated deliberative processes. The vice-reduction (...) method they propose is made up of four distinct yet complementary components: (1) positive exemplarism of epistemic virtue (saints), (2) negative exemplarism of epistemic vice (sinners), (3) direct teaching/instruction, and (4) cognitive apprenticeship. Dunne and Kotsonis argue that this pedagogical intervention appropriately considers learnings deriving from forensic scrutiny of both ideal and non-ideal interpersonally calibrated zetetic features integral to knowledge acquisition as well as wider societal influences impacting the development of agents' epistemic character. It bridges research on vice epistemology (Cassam's obstructivist theory), social epistemology (corrupted social processes mitigating against vice rehabilitation), virtue epistemology, and moral exemplarism. (shrink)

Discussion is frequently observed in democratic politics, but change in view is rarely observed. Call this the ‘unchanging minds hypothesis’. I assume that a given belief or desire is not isolated, but, rather, is located in a network structure of attitudes, such that persuasion sufficient to change an attitude in isolation is not sufficient to change the attitude as supported by its network. The network structure of attitudes explains why the unchanging minds hypothesis seems to be true, and why it (...) is false: due to the network, the effects of deliberative persuasion are typically latent, indirect, delayed, or disguised. Finally, I connect up the coherence account of attitudes to several topics in recent political and democratic theory. Key Words: deliberation • democracy • persuasion • change in view • coherence. (shrink)

_Technology and Society_ provides an up-to-date introduction to the basic issues that have come to define the philosophy of technology: What is “technology”? Does technology control our lives? What is technology’s relation to ethics? How does technology influence us? Is the widespread belief in technological progress justified? Later sections of the book examine the application of philosophy of technology to social issues such as climate change, urban sprawl, and automation. Major issues and arguments are presented in an accessible and non-technical (...) fashion, giving the reader a firm foundation in the field. (shrink)

‘Epistemic exploitation occurs when privileged persons compel marginalised knowers to educate them [and others] about the nature of their oppression’ (Berenstain, 2016, p. 569). This paper scrutinizes some of the purported wrongs underpinning this practice, so that educators might be better equipped to understand and avoid or mitigate harms which may result from such interventions. First, building on the work of Berenstain and Davis (2016), we argue that when privileged persons (in this context, educators) repeatedly compel marginalised or oppressed knowers, (...) to not only to educate them, but indeed others, about the nature of their oppression, they risk subjecting them to further epistemic-moral harms. This is due to the likelihood that at least some of their audience will assign them less/more credibility than they deserve based on pre-existing identity-based prejudices. Second, though some of these requests to ‘educate’ or ‘learn more’ masquerade as seemingly virtuous or innocuous epistemic inquiries, privileged persons underestimate or remain ignorant of secondary harms which stem from internalized epistemic obligations, oppressive double-binds (Hirji, 2021), and attendant emotional burdens oppressed knowers carry in relation to the ever-present possibility of ameliorating oppressor mindsets. After surveying each context-specific harm briefly, we then turn to an applied reading of how these exploitative practices sometimes culminate in something we refer to as ‘ontic burnout’, a form of interminable explanatory fatigue brought on by repeated requests to educate the privileged about what it means to be oppressed. (shrink)

Pleckstrin homology (PH) domains are a family of compact protein modules defined by sequences of roughly 100 amino acids. These domains are common in vertebrate, Drosophila, C. elegans and yeast proteins, suggesting an early origin and fundamental importance to eukaryotic biology. Many enzymes which have important regulatory functions contain PH domains, and mutant forms of several such proteins are implicated in oncogenesis and developmental disorders. Numerous recent studies show that PH domains bind various proteins and inositolphosphates. Here I discuss PH (...) domains in detail and conclude that they form a versatile family of membrane binding and protein localization modules. (shrink)

Schumpeter's redefinition of representative democracy as merely leadership competition was canonical in postwar political science. Schumpeter denies that individual will, common will, or common good are essential to democracy, but he, and anyone, I contend, is forced to assume these conditions in the course of denying them. Democracy is only a method, of no intrinsic value, its sole function to select leaders, according to Schumpeter. Leaders impose their views, and are not controlled by voters, and this is as it should (...) be, he says. I respond that his leadership democracy is implausible, both descriptively and prescriptively. Competitive election is a necessary, but not a sufficient condition of democracy, not sufficient even for the limited empirical purpose of regime classification. Any adequate definition of democracy must make reference to the common will, the common good, and other values, I submit. (shrink)

This paper examines the relatively underexplored relationship between epistemic wrongs and epistemic harms in the context of epistemic injustice. Does the presence of one always imply the presence of the other? Or, is it possible to have one without the other? Here we aim to establish a prima facie case that epistemic wrongs do not always produce epistemic harms. We argue that the epistemic wrongness of an action should never be evaluated solely based on the action's consequences, viz. the epistemic (...) and practical harms suffered by the wronged party. Instead – as we shall show – epistemic harms necessarily follow from epistemic wrongs. To conclude, we suggest ways in which extant accounts of epistemic wrongs and epistemic harms as they cash out in epistemic injustice contexts might be refined in light of our argument. (shrink)

This review considers Darko Suvin’s recent career anthology Defined by a Hollow with respect to debates about the relevance of Marxism and utopian critique in the context of a global neoliberal hegemony that still imagines itself as the ‘end of history’. Suvin’s work suggests that the relationship between Marxism and aesthetics in such times is not simply a quirk of the academy, but is in fact a politically necessary conjoining of materialist praxis and quasi-religious inspiration.