The quarantine model, recently proposed by Pereboom and Caruso, is one of the most influential models developed to date in the context of criminal justice. The quarantine model challenges the very idea of criminal punishment and asserts that nobody deserves punishment on a fundamental level. Instead, in order to deal with offenders, it proposes a series of incapacitation measures based on public safety concerns. In this article, we examine several objections to the quarantine model that demonstrate how, in our view, (...) it can be improved. These mainly pertain to (2.1) the difficulty of reliably identifying dangerous individuals and consequently the need to base confinement decisions on probability, and (2.2) the potential for the quarantine model not to properly deter certain crimes. Three additional objections are raised with respect to (3.1) the rights that are potentially suppressed in the quarantine model; (3.2) the role of “genetic justice”; and (3.3) the difficulty it faces accommodating reasons-responsiveness. Whereas these objections do not constitute knock-down arguments against the quarantine model, they highlight issues that invite closer scrutiny, at least if it is to be considered as a credible framework for the development of viable policies in criminal justice. (shrink)

There are several well-established theories of criminal punishment and of its justification. The quarantine model (advocated by Pereboom and Caruso) has recently emerged as one of the most prominent theories in the field, by denying the very idea of criminal justice. This theory claims that no one ought to be criminally punished because fundamentally people do not deserve any kind of punishment. On these grounds, the quarantine model proposes forms of incapacitation based on public safety considerations. In this article, we (...) briefly review a series of objections raised against the quarantine model and propose some new or revised arguments, which are aimed at showing its inconsistencies and weaknesses. These arguments are related to (a) the lack of a reliable way of determining who is dangerous and the consequent need to make judgments about confinement based on probabilities, and (b) the prospect that the quarantine model may encourage certain crimes. Given the arguments we present in this paper, the quarantine model proves to be less solid, humane, and desirable than its proponents claim. (shrink)

Pereboom and Caruso propose the quarantine model as an alternative to existing models of criminal justice. They appeal to the established public health practice of quarantining people, which is believed to be effective and morally justified, to explain why -in criminal justice- it is also morally acceptable to detain wrongdoers, without assuming the existence of a retrospective moral responsibility. Wrongdoers in their model are treated as carriers of dangerous diseases and as such should be preventively detained (or rehabilitated) until they (...) no longer pose a threat to society. Our main concern in this paper is that Pereboom and Caruso adopt an idiosyncratic meaning of quarantine regulations. We highlight a set of important disanalogies between their quarantine model and the quarantine regulations currently adopted in public health policies. More specifically, we argue that the similarities that Pereboom and Caruso propose to substantiate their analogy are not consistent—despite what they claim—with the regulations underlying quarantine as an epidemiological process. We also notice that certain quarantine procedures adopted in public health systems are inadequate to deal with criminal behaviors. On these grounds, we conclude that Pereboom and Caruso should not appeal to the quarantine analogy to substantiate their view, unless they address the issues and criticism we raise in this paper. (shrink)

A paedophile is a person with a sexual attraction to children; some paedophiles commit child sex abuse offences. For such acts, they hold moral and legal responsibility, which presupposes that paedophiles are moral agents who can distinguish right from wrong and are capable of self-control. Like any other moral agents, paedophiles have moral duties. Some moral duties are universal, e.g., the duty not to steal. Whether there are any specific moral duties related to paedophilia is the topic of this paper. (...) I argue that the moral duty not to commit child sex abuse is universal, and the duty to reduce the individual risk of child sex abuse is specific to paedophiles. I further argue that any society has a moral duty to help paedophiles reduce the risk. Both duties provide grounds for moral judgement. Paedophiles should be judged not for their sexual interest but for their efforts to avoid child sex abuse. If a paedophile has an opportunity to reduce the risk of child sex abuse, he is obliged to do so. Unfortunately, societies rarely provide such opportunities and hence fail in their moral duty to paedophiles and children. (shrink)

The history of ideas is an interdisciplinary field that began as an offshoot of the history of philosophy and was transformed by notions of perspective and cultural context drawn from the tradition of historical studies. The result is the practice of intellectual history, which has been carried out between the poles of inquiry commonly known as internalist and externalist, corresponding to mental phenomena and collective behavior in cultural surroundings. These are not opposed but rather complementary methods, and intellectual history may (...) be seen as the inside of cultural history and cultural history as the outside of intellectual history, the intellectual historian's task being to bring the two into alliance. (shrink)

We describe our explicit Lorentz-invariant solution of the Einstein and null geodesic equations for the deflection experiment of 2002 September 8 when a massive moving body, Jupiter, passed within 3.7’ of a line-of-sight to a distant quasar. We develop a general relativistic framework which shows that our measurement of the retarded position of a moving light-ray deflecting body (Jupiter) by making use of the gravitational time delay of quasar’s radio wave is equivalent to comparison of the relativistic laws of the (...) Lorentz transformation for gravity and light. Because, according to Einstein, the Lorentz transformation of gravity field variables must depend on a fundamental speed c, its measurement through the retarded position of Jupiter in the gravitational time delay allows us to study the causal nature of gravity and to set an upper limit on the speed of propagation of gravity in the near zone of the solar system as contrasted to the speed of the radio waves. In particular, the v/c term beyond of the standard Einstein’s deflection, which we measured to 20% accuracy, is associated with the aberration of the null direction of the gravity force (“aberration of gravity”) caused by the Lorentz transformation of the Christoffel symbols from the static frame of Jupiter to the moving frame of observer. General relativistic formulation of the experiment identifies the aberration of gravity with the retardation of gravity because the speed of gravitational waves in Einstein’s theory is equal to the speed of propagation of the gravity force. We discuss the misconceptions which have inhibited the acceptance of this interpretation of the experiment. We also comment on other interpretations of this experiment by Asada, Will, Samuel, Pascual–Sánchez, and Carlip and show that their “speed of light” interpretations confuse the Lorentz transformation for gravity with that for light, and the fundamental speed of gravity with the physical speed of light from the quasar. For this reason, the “speed of light” interpretations are not entirely consistent with a retarded Liénard–Wiechert solution of the Einstein equations, and do not properly incorporate how the phase of the radio waves from the quasar is perturbed by the retarded gravitational field of Jupiter. Although all of the formulations predict the same deflection to the order of v/c, our formulation shows that the underlying cause of this deflection term is associated with the aberration of gravity and not of light, and that the interpretations predict different deflections at higher orders of v/c beyond the Shapiro delay, thus, making their measurement highly desirable for deeper testing of general relativity in future astrometric experiments like Gaia, SIM, and SKA. (shrink)

In the religious controversies of the English Revolution (1640-60), one problem became particularly urgent. How far were the Scriptures to be accepted as a faithful record of history? Much ink was spilled over the theoretical and practical problems of evidence and testimony and there swiftly developed an increasing self-consciousness and sophistication about the meaning of "matter of fact." This paper describes the response to skeptics and dogmatists of such moderate divines as Henry Hammond, Seth Ward, Richard Baxter, and Brian Walton, (...) and the way in which they attempted to construct a defense of the Biblical story—incidentally helping to defend the claims of history in general. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Erasmus and the Problem of the Johannine CommaJoseph M. LevineWhen Edward Gibbon decided to banish primary causes from the Decline and Fall and integrate secular and ecclesiastical history, he was completing a revolution that had begun unwittingly two centuries before. 1 To bring into his narrative of empire a consideration of the “Johannine comma” (the interpolation in 1 John 5:7–8) was not perhaps either digressive or inevitable; but it (...) would certainly have surprised and dismayed some of Gibbon’s immediate predecessors, such as the Catholic Frenchmen, Bossuet and Tillemont, each of whom had written about his subject and exercised an important effect on him at different times in his life; and it would have seemed even more incomprehensible to earlier generations. 2 Something had happened in the two centuries between Erasmus and Gibbon to make this new vantage point possible and congenial.It was, I think, nothing less than a victory for the idea of history. At the beginning of the sixteenth century theology still ruled as queen of the sciences and the claims of religion were largely justified by an appeal to reason and authority, that is, to Aristotelian logic and the dictates of the Church. By the end of the eighteenth century theology had become dependent on history, and religion was now justified by an appeal to “matter of fact.” 3 Even such mysteries as the doctrine of the Trinity, which had eluded the reason of St. Thomas and the schoolmen and had remained dependent on the dictates of Church Councils from Chalcedon to Trent, had come now to depend in some fashion on the [End Page 573] evidence of Scripture considered as history. At the same time the removal of final causes from the narrative of human events threatened to leave it—with every other Christian doctrine and event—to the arbitrament of ordinary scholarship. Gibbon brings us to the edge of religious modernity, and the history of the comma exactly spans the period of that development. It was Erasmus, however, as Gibbon himself suspected, who had first set some of the key problems, which he and his enlightened friends believed they had solved.For Erasmus the decision to edit the Greek New Testament was the result of an early commitment to Renaissance humanism and a response in particular to several lively currents in the contemporary intellectual scene. On the one hand Erasmus, encouraged perhaps by his new friend John Colet, began to think of the Bible principally as a record of history rather than as an arsenal of theological texts, above all as the story of Christ on earth—Christ as the supreme exemplar to be followed and imitated. Apparently, he had been well prepared for this by his acquaintance with the Brothers of the Common Life, and by a characteristic humanist distaste for logic and metaphysics—and a preference for rhetoric and history—which he displayed in all his early writing. 4 It seems to have been Colet’s Lectures on the New Testament that encouraged his view that Paul and the apostles, if not Christ himself, were best understood in their historical setting and that their message was primarily ethical. 5 In effect the churchman, Colet, and the wandering monk, Erasmus, wanted to place Christian responsibility back in the hands of the laity, in the conscience and behavior of the Christian believer, rather than in what they took to be the mechanical observances of Church ritual. This required that the Bible be placed at the very center of worship, in the hands of every man (and woman), accessible and intelligible as the Vulgate was not, and read in the first place for its story. There were others on the Continent who shared the same impulse—which, of course, the Protestant Reformation was also to endorse. 6Secondly, Erasmus was encouraged to his work by his accidental discovery of Lorenzo Valla’s Notes on the New Testament. 7 He had already pledged [End Page 574] himself to the culture of Italian humanism, to its determination to recover the Greek and Latin texts of classical antiquity and put them to use by imitation. Valla was the master of humanist technique, the greatest... (shrink)

In this paper, I attempt to demonstrate the structure of Sellars' critical direct realism in the philosophy of perception. This position is original because it attempts to balance two claims that many have thought to be incompatible: (1) that perceptual knowledge is direct, i.e., not inferential, and (2) that perceptual knowledge is irreducibly conceptual. Even though perceptual episodes are not the result of inferences, they must still stand within the space of reasons if they are to be counted not only (...) as knowledge, but also as thoughts directed at the world. The goal of this paper is to demonstrate how Sellars elaborates and defends this position. (shrink)

The cognitive and behavioral functions of the frontal lobes have been of great interest to neuroscientists, neurologists, psychologists and psychiatrists. Recent technical advances have made it possible to trace their neuroanatomical connections more precisely and to conduct evoked potential and neuroimaging studies in patients. This book presents a broad and authoritative synthesis of research progress in this field. It encompasses neuroanatomical studies; experiments involving temporal organization and working memory tasks in non-human primates; clinical studies of patients following frontal lobe excisions (...) for intractable epilepsy; metabolic imaging in schizophrenia and affective disorder; neurobehavioral studies of patients with dementia, frontal lobe tumors, and head injuries; magnetic resonance imaging methods for studying human frontal lobe anatomy; theoretical approaches to describing frontal lobe functions; and rehabilitation of patients with frontal lobe damage including their core problem of diminished awareness. Written by a distinguished group of neuroscientists, psychologists and clinicians, Frontal Lobe Function and Dysfunction provides the best current source of information on this region of the brain and its role in cognition, behavior and clinical disorders. (shrink)

In these learned essays, Joseph M. Levine shows how the idea and method of modern history first began to develop during the Renaissance, when a clear distinction between history and fiction was first proposed. The new claims for history were met by a new skepticism in a debate that still echoes today. Levine's first three essays discuss Thomas More's preoccupation with the distinction between history and fiction Erasmus's biblical criticism and the contribution of Renaissance philology to critical method and the (...) way in which Renaissance rhetoric, as in Thomas Elyot's Book of the Governor, continued to inhibit the autonomy of history. He then shows how these issues persisted into the eighteenth century, even as critical method developed. He concludes with a close description of the great controversy that culminated in Edward Gibbon's day over the authenticity of a biblical text that had been used for centuries to defend the Trinity but which turned out to be a forgery. Levine shows how by then all sides were ready to concede the autonomy of history. (shrink)

The reference of the postmodern task of thinking is Auschwitz, the abyss and discontinuity separating us from the world of our ancestors. As inhabitants of Planet Auschwitz our point of reference lacks all transcendental warrants; it is not a non-referable reference which constitutes the abyss we must enter, endure, and in which our intellectual and cultural tradition must be transformed. The private/public transformations which constitute the texts of this book attempt to depart from the dystopic individuality and public life resulting (...) from business-as-usual after Auschwitz. The three parts of the book are progressive reworkings of traditional metaphysics as adapted and modified by a modernism that refuses to grapple with its complicity. It is precisely that complicity which postmodern thinking takes up in its attempt to signify otherwise than the easy modernist translations and images of tradition. Thus it is a series of uneasy images imaging otherwise but never apart from modernity that take us away from complicity toward a transformed tradition. The uneasy images of this book are photogrammic combinations of photographs and texts, mutual supplements, pulling tradition through the Event against the persistent and murderous forces of contemporary idolatry and repression. (shrink)

Research on small groups is highly diverse because investigators who study such groups vary in their disciplinary identifications, theoretical interests, and methodological preferences. The goal of this volume is to capture that diversity, and thereby convey the breadth and excitement of small group research by acquainting students with work on five fundamental aspects of groups. The volume also includes an introductory chapter by the editors which provides an overview of the history of and current state-of-the-art in the field. Together with (...) introductions to each section, discussion questions and suggestions for further reading, make the volume ideal reading for senior undergraduate and graduate students interested in group dynamics. (shrink)

We report the results of a randomized trial to assess the impact of an innovative ethics curriculum on the knowledge and confidence of 85 medical house officers in a university hospital programme, as well as their responses to a simulated clinical case. Twenty-five per cent of the house officers received a lecture series, 25 per cent received lectures and case conferences, with an ethicist in attendance, and 50 per cent served as controls. A post-intervention questionnaire was administered. Knowledge scores did (...) not differ among the groups. Confidence regarding ethical issues was significantly greater in the aggregate intervention group compared to the control group. Confidence regarding procedural issues related to ethics was significantly higher for the EI group than for the controls. Responses to a simulated case showed that significantly fewer house officers in the EI group would intubate a patient for whom such therapy would be futile. We conclude that ethics education can have an impact on house officers' confidence and their responses to a simulated case, and that the EI was more effective than the LI. Such results have implications regarding the implementation of ethics education during residency. (shrink)