Professor Whitehead has provided a new translation of the five surviving forensic speeches of the Athenian lawyer-politician Hypereides. Hypereides' importance lies not only in his speeches, but also in his centrality in the political life of ancient Athens, as a contemporary of Demosthenes, and one of the canonical Ten Attic Orators. This book, which includes a general introduction and lavish historical and literary commentary, represents the first complete collection of Hypereides' works in any language.

Attic orators skillfully deployed reference to ancestral cults, sacred laws, traditional rites and other types of religious actions to construct religious identity as a means of persuasion. The present chapter explores the use of a variety of forms of religious argumentation and addresses issues of religious identity in public cases of eisangelia. Emphasis is placed on the question of how orators reconstruct ideal forms of religious identity in their arguments; particularly, the main interest of this chapter lies in the techniques (...) by which orators use their religious argumentation to construct pictures of religious identity, both collective and individual, as well as their own identity. (shrink)

Over the past thirty years or so, theoretical work in such fields as legal semiotics and law and literature has argued that the legal process is profoundly rhetorical. At the same time, a number of communication-based disciplines such as semiotics, sociolinguistics and linguistic anthropology have provided, particularly in interdisciplinary combination with law, a wealth of empirical evidence on, and insight into, the micro-contexts of language and communication in the legal process. However, while these invaluable nitty-gritty analyses provide empirical support for (...) a rhetorical thesis, work in these areas has tended to ignore rhetoric as an explanatory principle. This article introduces an overarching rhetorical framework for the discursive construction and management of cases in contemporary Anglo-American legal processes. Taking ‘forensic’ as relating to the conduct of cases and ‘discourse’ as semiosis-in-practice, I argue that the practices within which forensic discourse is embedded are not, as the received legal view would have it, aimed at revealing an impartial truth but are deeply rhetorical practices aimed at persuading decision-makers to provide a remedy for a claimed wrong. By looking across forensic texts and contexts, I identify common elements of forensic discourse that can be found both in classical forensic orations and throughout the modern legal process and consider how these intersect with critical forces of agency and structure and the particularities of semiosis in situated context. An awareness of commonalities across forensic discourse can help sharpen our focus on the critical causes and consequences of individual and structural difference and point to consequential suggestions for reform. (shrink)

The forensic speechs are excellent source for the knowledge of Athenian law. The laws were used in the speeches to make them more persuasive. The Demosthenes’s speech Against Meidias is an example of the persuasive use of the law. The orator uses the laws to guarantee a legal base for the process and to characterize he and his enemy as good and bad citizens, respectively. The text will analyse the different uses of law made by Demosthenes in the referred (...) speech. (shrink)

"Gagarin demonstrates persuasively that Antiphon the logographer is identical with the Antiphon who made intellectual contributions on more abstract topics." —Mervin R. Dilts, Professor of Classics, New York University Antiphon was a fifth-century Athenian intellectual (ca. 480-411 BCE) who created the profession of speechwriting while serving as an influential and highly sought-out adviser to litigants in the Athenian courts. Three of his speeches are preserved, together with three sets of Tetralogies (four hypothetical paired speeches), whose authenticity is sometimes doubted. Fragments (...) also survive of intellectual treatises on subjects including justice, law, and nature (physis), which are often attributed to a separate Antiphon the Sophist. Were these two Antiphons really one and the same individual, endowed with a wide-ranging mind ready to tackle most of the diverse intellectual interests of his day? Through an analysis of all these writings, this book convincingly argues that they were composed by a single individual, Antiphon the Athenian. Michael Gagarin sets close readings of individual works within a wider discussion of the fifth-century Athenian intellectual climate and the philosophical ferment known as the sophistic movement. This enables him to demonstrate the overall coherence of Antiphon's interests and writings and to show how he was a pivotal figure between the sophists and the Attic orators of the fourth century. In addition, Gagarin's argument allows us to reassess the work of the sophists as a whole, so that they can now be seen as primarily interested in logos (speech, argument) and as precursors of fourth-century rhetoric, rather than in their usual role as foils for Plato. (shrink)

In lines 35–8 Ovid compliments the poem's recipient Brutus on his skill as a forensic orator. The transmitted text is as follows: hostibus eueniat quam sis uiolentus in armis sentire et linguae tela subire tuae, quae tibi tam tenui cura limantur ut omnes istius ingenium corporis esse negent.

In lines 35–8 Ovid compliments the poem's recipient Brutus on his skill as a forensic orator. The transmitted text is as follows:hostibus eueniat quam sis uiolentus in armissentire et linguae tela subire tuae,quae tibi tam tenui cura limantur ut omnesistius ingenium corporis esse negent.

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

The New Rhetoric is founded on the idea that since "argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced," says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, in God, in all reasonable and competent men, in the man deliberating or in an elite." Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes facts and reasonableness and thus help to determine the universal audience that, in turn, shapes the orator's approach. The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres-forensic, deliberative, and epideictic-is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. Epideictic oratory, Perelman argues, has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds." These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to establish a sense of communion centered around particular values recognized by the audience.". (shrink)

This book introduces a new form of argumentative analysis: rhetorical heuremes. The method applies the concepts of heuristic thinking, probability, and contingency in order to develop a better understanding of complex arguments in classical oratory. A new theory is required because Greek and Roman rhetoric cannot provide detailed answers to problems of strategic argumentation in the analysis of speeches. Building on scholarship in Ciceronian oratory, this book moves beyond the extant terminology and employs a concept of heuristic reasoning derived from (...) the psychology of decision making and mathematical problem solving. The author analyses selected passages from Cicero's forensic speeches where arguments of probability are deployed, and shows that the Sophistic concept of probability can link ancient rhetoric and modern theories of argumentation. Six groups of heuremes are identified, each of which represents a form of probabilistic reasoning by which the orator plays upon the perception of the jurors. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:PARODY AND THE ARGUMENT FROM PROBABILITY IN THE APOLOGY by Thomas J. Lewis Over a century ago James Riddell pointed out that Socrates' defense speech in die Apology closely followed the standard form of Athenian forensic rhetoric. He called the Apology "artistic to the core," and he identified parts of "the subde rhetoric of this defense."1 Since then many scholars have explicated the rhetorical elements in Socrates' defense.2 (...) Their work has led in turn to recent attempts to integrate the rhetorical form into an overall understanding of the meaning and significance of the Apology? The puzzle to be solved is what to make of the fact that Socrates disclaims the ability and the intention to use rhetoric in a speech which is itself a rhetorical masterpiece. R. E. Allen raises the possibility thatby using the techniques ofrhetoric and at the same time denying that he is using them Socrates is dissembling or lying. However, Allen rejects this possibility and interprets Socrates' falsehood as only a surface or apparent falsehood. According to Allen it is ironic parody of a disreputable rhetoric which seeks to convince without concern for the truth.4 For Allen the object of the parody is base rhetoric in general, the type of rhetoric denounced by Socrates in the Gorgias as "rhetoric aiming at gratification and pleasure, and indifferent to truth and the good of the soul."5 Two subsequent articles, one by Kenneth Seeskin, the other by Douglas Feaver andJohn Hare, support the view that Socrates is parodying the debased form of rhetoric. However, they place somewhat different emphasis on the exact object of the parody. They argue that the object of Socrates' rhetorical parody is Gorgias' Pahmedes, rather than pandering rhetoric in general.6 After summarizing the many rhetorical similarities between Gorgias' Palamedes and Socrates' defense speech, Seeskin concludes that "Gorgias' Philosophy and Literature, © 1990, 14: 359-366 360Philosophy and Literature Palamedes is not a masterpiece of world literature; it is a collection of topoi—tried and true devices for winning acquittal... [whereas] despite his disclaimer, Socrates' speech is no amateur performance. On the contrary, he knew all the tricks of the trade and employed them with consummate skill" (p. 97). Seeskin uses Plato's Gorgias to explain how Socrates' rhetoric fits within an overall understanding of the Apology. He notes the two types ofrhetoric presented in the Gorgias: base rhetoric, a species of flattery which aims at gratification; and philosophic or true rhetoric which aims at improving the soul. Then Seeskin makes a crucial point. He insists it is not enough to distinguish between base rhetoric and philosophic rhetoric; there must be a way to identify a given instance of rhetoric as either base rhetoric or as philosophic rhetoric. Moreover, he cautions that distinguishing the one from the other is no easy task. "It is impossible to tell them apart on the basis of technique alone. Base rhetoric is no less polished for its baseness.... Nor can one tell them apart on the basis of their stated goals. Flattery succeeds only to the extent that it can pass itself off as something better" (p. 98). Thus, if Socrates and Palamedes employ the same rhetorical devices, Seeskin wonders how we can tell which type ofrhetoric is in the Apology. "Somewhere in the Apology of Socrates there ought to be a clue which allows one to distinguish his defense from the 'standard' defense composed by Gorgias" (p. 99). Seeskin finds the clue in the exordium, where Socrates denies that he is a skillful speaker: "Unless, of course, by a skillful speaker they mean one who speaks the truth. If that is what they mean, I would agree that I am an orator, though not after their pattern" (17b). Although Palamedes makes a comparable claim, Seeskin argues that Palamedes was concerned with appearance rather than truth, and that the key to appearance is the use of the argument from probability. According to Seeskin, Socrates does not rely on the argument from probability, whereas this argument permeates the Palamedes. "Again and again, the speaker tries to show that it would be implausible to suppose that anyone in his position did what he is accused of doing. How... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Lorenzo Valla’s Oratio on the Pseudo-Donation of Constantine: Dissent and Innovation in Early Renaissance HumanismSalvatore I. CamporealeWhy did I write about the Donation of Constantine?... Bear one thing in mind. I was not moved by hatred of the Pope, but acted for the sake of the truth, of religion, and also of a certain renown—to show that I alone knew what no one else knew.Valla to Cardinal Trevisan, 1443. (...) 1Lorenzo Valla’s well known work, the Oration on the Falsely-Believed and Forged Donation of Constantine, was written by the humanist in the year 1440. It was occasioned by the strife between Pope Eugenius IV and Alfonso of Aragon over the Kingdom of Naples. Valla wrote in favor of the Ara-gonese claim, arguing against pretensions of the Papacy to determine who should rule Naples that were based on the pseudo-Constantinian Donation. 2 [End Page 9]The Donation of Constantine: History and ForgeryAs is now well known, the Constitutum Constantini was a forgery that probably originated in the papal Curia in the eighth century. Subsequently it was often contested by the anti-papal Germanic Imperial tradition. The Constitutum portrayed the popes as assuming the role of the Emperor in the western part of the Empire as a result of the “donation” made by Constantine to the “Roman Pontiff and his successors.” The Donation was said to have taken place at a time subsequent to Constantine’s seizure of the city of Rome with the victory at the Milvian Bridge in a.d. 312, and immediately after his “conversion” to the Christian faith and his “reception of baptism” by the bishop of Rome, Pope (“Saint”) Sylvester.The Constitutum presents itself as an imperial decree, drafted and signed by Constantine himself, dated in Rome with an ambiguous formulation which could indicate the year 315 or 317 or even 330. The most significant and comprehensive passage of the entire document reads as follows:In order that the supreme pontificate may not deteriorate, but may rather be adorned with glory and power even greater than the dignity of earthly rule, behold, we give over and relinquish to the aforesaid our most blessed Pontiff, Sylvester, the universal Pope, our palace, as has been said, and also the city of Rome, and all the provinces, places and cities of Italy and the western regions, and we decree by this our godlike and pragmatic sanction that they are to be controlled by him and by his successors, and we grant that they shall remain under the law of the Holy Roman Church. 3The forgery was based an on older fictional source, the Legenda Sylvestri. It was later (at least as maintained first by Nicholas of Cusa, then by Valla) introduced by the canonist Paucapalea (Gratian’s disciple and collaborator) into the collection of canon law that had been made by Gratian, the Concordantia discordantium canonum, or Decretum (c. 1140). 4 Assertions that the Constitutum derived from the Legenda and that it was a later [End Page 10] insertion into the Concordantia represent discrete stages of Valla’s philological procedure. In fact Valla’s argumentation evolves in a kind of concentric movement. After discussing the hagiographic “fiction” of the Legenda, he treats the canonical “inauthenticity” of the Constitutum as a later insertion into the Concordantia. Then Valla returns to the notion that it was “made up” or “fictional” when he declares the Constitutum a juridical “forgery.” 5Valla’s Methodology and Argumentative ProcedureThe Oratio—this was how Valla titled his work—is a confutative discourse, rhetorically structured in the epideictic mode, although particular passages also assume forensic and deliberative modes. The oration was written in accordance with rhetorical norms for investigation and argumentation that Valla had learned from and elaborated on the Institutio oratoria of Quintilian, the writer Valla considered preeminent in the rhetorical tradition. 6“This speech of mine,” Valla emphasizes, is a speech intended for and offered to the universal assembly of Christendom. Although directly addressing the Papacy and in particular the ruling pope, Eugenius IV, the “oration” is conceived as though delivered in the presence of both the ecclesiastical hierarchy and civil authorities (“quasi... (shrink)

The discussion of "eudaimonia" in the "rhetoric" has a central place in Aristotle's exposition of the material for speeches deliberative, epideictic and forensic varieties of rhetoric. Due to the telos- relatedness of the material for each variety of rhetoric, the treatise on "eudaimonia" (Rhet A5) provides coherence between the varieties by displaying standards in terms of which particular cases at hand are ultimately assessed as good, useful, noble, just or their opposites. A focal and normative meaning of eudaimonia can (...) be identified in A5 which Aristotle expects a prudent orator to maintain even when he is faced with perverted audiences. (shrink)

Viewing rhetoric as a product of pagan culture, the Apologists take a negative stance toward it. For Justin the art of persuasion may be useful in all areas ofpublic life but it is useless when it comes to the metaphysical truth of Christianity. The strength to teach or interpret Christianity, Justin posits, comes from God, not rhetoric. For his part, Tatian dismisses forensic rhetoric on the grounds that it often subverts Christian ethics by defending injustice, sycophancy and money-making, in (...) effect promoting that which is not virtuous. As for Theophilus, he places greater value on the substance and meaning of Christian purposes and less on the orator’s virtuosity and linguistic means of expression. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Ancient and Modern HermeneuticsDavid HalliburtonAncient and Modern Hermeneutics, by Gerald L. Bruns; xii & 318 pp. New Haven: Yale University Press, 1992, $37.50.Modern hermeneutics, Bruns explains, has mainly gone in two directions. One is toward the transcendental ground-swells of Husserl, who remains committed to idealities, as exemplified in geometry. The second direction, taken by Heidegger, Gadamer, and Bruns (not to mention Sartre, Merleau-Ponty, Levinas, and the Pragmatists) hews (...) to the worldly rootedness of understanding; here each and all enjoy the capacity to comprehend—if not perfectly, at least perfectly well.Bruns divides his admirable opus into two large sections. Part One, on the Ancients, consists of essays on Socrates, Thucydides, the Hebrew Bible, allegory, the Jewish Midrash, and what may be broadly viewed as a correlative Islamaic text. He argues that Socrates’ ironic inclinations are not forensic ploys but manifestations of an authentic ontological disposition. (This ontological motif sounds throughout Bruns’s text.) Bruns’s Socrates has but to carry out the phusis that he himself is—in the undertow of which he cannot but be ironic even as, in being ironic, he cannot but be, like phusis, elusive and even impenetrable: “The point about Socrates is that we never know how to take him” (p. 32).Bruns handles ingeniously the problem of speeches that Thucydides “reported” but could not have heard. He argues that Thucydides provides a sort of simulacrum of the speeches. On this view, the historian does not attempt to report what the speakers actually said; instead he portrays implicitly the concrete historical situations (the modifiers are mine) in which orators orate: “the true author... would not be its original speaker nor its subsequent scribes but the situation that called for the speech to be made” (p. 58).In his challenging chapter on allegory, especially in Philo, Bruns approaches the former’s mystical commentary on the cherubim by problematizing familiar, restrictive distinctions. “In this case there can be no easy or gross distinction between the exoteric and the esoteric, the literal-minded and the wise....” To Philo “understanding is a form of recognition, of being turned toward and received into what before had been hidden or strange” (p. 102).Part Two, on the Moderns, treats of hermeneutic issues raised by Wordsworth [End Page 158] but even more paradigmatically by Luther; the tragic concept of experience; the question of tradition; radical hermeneutics; and the quarrel between philosophy and poetry. The journey ends in Bruns’s attempt to hypostatize an originary concept of freedom.To Bruns the liminal figure for modernity is Luther. It is a high hermeneutic moment that each of Luther’s students receives his own Bible with wide margins in which to copy the master’s—or conceivably his own—commentaries. Here Scripture is not merely grasped cognitively but is immediately, and, with full Deweyan and Diltheyan overtones, experienced. Luther for his part postulates that the text interprets itself. Concurring, and returning to the ontological motif noted above, Bruns proposes the one’s relation to a text “is ontological rather than simply exegetical. Luther’s distinction between law and gospel is a way of extending this ontological relation from the notion of a legal indictment to that of a spiritual one in which one’s self-understanding or self-identity is reconstituted by the text” (p. 146).Later Bruns deftly contrasts Hegel’s Umkehrung, the “movement toward enlightenment and the self-certainty of absolute consciousness” (p. 157), with Heidegger’s resolute refusal to appropriate or manipulate the world into which he, with everyone else, has been thrown. This attitude is somewhat akin to negative capability or wise passiveness—no English word or phrase gets it right—and requires a kind of letting-be, or letting-go. Bruns puts the matter about as well as one can, in short compass: “Thinking... is not reasoning or questioning but listening; its goal is not conceptual representation by Gelassenheit, or a letting go, releasement, and ‘openness to the mystery’” (p. 158).In his chapter on romantic hermeneutics, Bruns returns to Luther who, though stressing the empowerment of the individual reader, nonetheless regards the text as a vital force entering into and transforming the... (shrink)

Written in 1486 by the then 23-year-old Giovanni Pico della Mirandola, the Oration on the Dignity of Man is considered a 'Manifesto for the Renaissance' and one of the most influential philosophical texts of its day, setting the tone for humanism.

The results of forensic science are believed to be reliable, and are widely used in support of verdicts around the world. However, due to the lack of suitable empirical studies, we actually know very little about the reliability of such results. In this paper, I argue that phenomena analogous to the main culprits for the replication crisis in psychology are also present in forensic science. Therefore forensic results are significantly less reliable than is commonly believed. I conclude (...) that in order to obtain reliable estimates for the reliability of forensic results, we need to conduct studies analogous to the large-scale replication projects in psychology. Additionally, I point to some ways for improving the reliability of forensic science, inspired by the reforms proposed in response to the replicability crisis. (shrink)

The Division of Investigative Oversight within the U.S. Office of Research Integrity (ORI) is responsible for conducting oversight review of institutional inquiries and investigations of possible research misconduct. It is also responsible for determining whether Public Health Service findings of research misconduct are warranted. Although ORI findings rely primarily on the scope and quality of the institution’s analyses and determinations, ORI often has been able to strengthen the original findings by employing a variety of analytical methods, often computer based. Although (...) ORI does not conduct inquiries or investigations, it has broad authority to provide assistance to institutions at all stages of their reviews of allegations. This assistance can range from providing advice on best practices, to legal assistance, to suggestions for how best to investigate specific allegations. When asked, ORI can also conduct certain forensic analyses, such as a statistical examination of questioned digits or a simple examination of a questioned figure in Photoshop. ORI will not provide opinions or render judgment on such analyses while the institution is still conducting its investigation. Such analyses can be done without knowing much else about the case. (shrink)

Forensic psychiatry is a particular subspecialty within psychiatry, dedicated in applying psychiatric knowledge and psychiatric training for particular legal purposes. Given that within the scope of forensic psychiatry, a third party usually intervenes in the patient-doctor relationship, an amendment of the traditional ethical principles seems justified. Thus, 47 articles, two book chapters and the guidelines produced by the World Psychiatric Association, the American Association of Psychiatry and the Law, as well as by the Royal Australian and New Zealand (...) College of psychiatrists, were analyzed. The review revealed that the ethics of correctional forensic psychiatry and those of legal forensic psychiatry do not markedly differ from each other, but they are incongruent in terms of implementation. In an effort to better understand which ethical principles apply to forensic psychiatry, a chronological review of the literature published from 1950 to 2015 was carried out. The ethics of correctional forensic psychiatry are primarily deontological. The principle of justice translates into the principle of health care equivalence, the principle of beneficence into providing the best possible care to patients, and the principle of respect of autonomy into ensuring confidentiality and informed consent. The ethics of legal forensic psychiatry are rather consequentialist. In this latter setting, the principle of justice is mainly characterized by professionalism, the principle of beneficence by objectivity and impartiality, and the principle of respect of autonomy by informed consent. However, these two distinct fields of forensic psychiatry share in common the principle of non maleficence, defined as the non collaboration of the psychiatrist in any activity leading to inhuman and degrading treatment or to the death penalty. (shrink)

Oratorical practice may be viewed as the material enactment of a philosophy of class struggle. Drawing on the work of Gilles Deleuze and Félix Guattari, I propose “orator-machine” as a concept-term to describe speech making in the context of the open exterior of interconnected human and nonhuman machinic assemblages in capitalist modernity. My argument is based on a reconsideration of a single address, delivered by William D. “Big Bill” Haywood in 1911 at the Cooper Union in New York City. Reading (...) Haywood against the grain—as a conceptual innovator—allows me to demonstrate a mode of analysis that affirms the philosophical quality and ontological politics of oratorical performance. (shrink)

A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the European legal (...) context, ethicists have called for the recognition of a novel fundamental legal right to mental privacy. In this paper, we explore whether these ethical calls for recognising a novel legal right to mental privacy are necessary in the European context. We argue that a right to mental privacy could be derived from, or at least developed within in the jurisprudence of the European Court of Human Rights, and that introducing an additional fundamental right to protect against brain-reading is not necessary. What is required, however, is a specification of the implications of existing rights for particular neurotechnologies and purposes. (shrink)

Forensic science and its influence on policing and the criminal justice system have increased since the beginning of the twentieth century. While the philosophies of the forensic science pioneers remain the pillar of modern practice, rapid advances in technology and the underpinning sciences have seen an explosion in the number of disciplines and tools. Consequently, the way in which we exploit and interpret the remnant of criminal activity are adapting to this changing environment. In order to best exploit (...) the trace, an interdisciplinary approach to both research and investigation is required. In this paper, nine postdoctoral research fellows from a multidisciplinary team discuss their vision for the future of forensic science at the crime scene, in the laboratory and beyond. This paper does not pretend to be exhaustive of all fields of forensic science, but describes a portion of the postdoctoral fellows’ interests and skills. (shrink)

Occasional reports in the literature suggest that biological samples collected and stored for scientific research are sometimes accessed and used for a variety of forensic purposes. However, donors are almost never informed about this possibility. In this paper we argue that the possibility of forensic access may constitute a relevant consideration at least to some potential research subjects in deciding whether to participate in research. We make the suggestion that if some type of forensic access to research (...) collections is likely to be perceived by the subjects as a reason against donating their biological materials, there are good ethical reasons to make this type of access impossible or at least severely restricted. We also provide an ethical argument for the claim that, if a total ban on this type of forensic access cannot be achieved, potential research subjects should be informed about the extent to which this type of forensic access is possible. (shrink)

A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the European legal (...) context, ethicists have called for the recognition of a novel fundamental legal right to mental privacy. In this paper, we explore whether these ethical calls for recognising a novel legal right to mental privacy are necessary in the European context. We argue that a right to mental privacy could be derived from, or at least developed within in the jurisprudence of the European Court of Human Rights, and that introducing an additional fundamental right to protect against brain-reading is not necessary. What is required, however, is a specification of the implications of existing rights for particular neurotechnologies and purposes. (shrink)

An ardent treatise for the Dignity of Man, which elevates Humanism to a truly Christian level, making this writing as pertinent today as it was in the Fifteenth Century.

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science’s basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable—and may be neutralised—by paying closer attention to criminal adjudication’s normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. (...) Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. (shrink)

Bortolotti’s Delusions and Other Irrational Beliefs defends the view that delusions are beliefs on a continuum with other beliefs. A different view is that delusions are more like illusions, that is, they arise from faulty perception. This view, which is not targeted by the book, makes it easier to explain why delusions are so alien and disabling but needs to appeal to forensic aspects of functioning.

Forensic archaeology, the application of archaeological methods in a criminal framework, has undergone a rapid process of acceptance and development. From the initial occasional involvement of archaeologists in the search for and recovery of murder victims in the late 1970s, to the general acceptance of archaeological methods, such as shallow level geophysics, this chapter provides a brief history of forensic archaeology in the United Kingdom and beyond. It outlines the ways in which an archaeologist’s understanding of formation processes (...) and skills in the interpretation of human behaviour from physical alterations to the landscape can be of benefit to different stages and types of investigation. Discussing the way in which the archaeologist can usefully contribute to the investigation of a crime, the chapter looks at the methods which have been successfully applied in a number of high-profile cases and the considerations which the forensic archaeologist must make which are not an issue for ‘traditional’ archaeology. In a discipline which has reached a critical point in its development with the acknowledgement that archaeological skills should regularly form an integral part of crime scene investigation and an increase in professional training, the authors explain how forensic archaeology is now moving to increased standardization and attempts at quality assurance. (shrink)

Introduction: This article discusses ethical, legal and social issues raised by the collection, storage and use of DNA in forensic databases. Review: The largest and most inclusive forensic database in the world, the UK National DNA database, leads the worldwide trend towards greater inclusivity. The performance of the NDNAD, criteria for inclusion, legislative framework and plans for integrating forensic databases across Europe are discussed. Comparisons are drawn with UK biobank that has started collecting DNA samples linked to (...) medical records and, unlike the NDNAD, requires informed consent from volunteers, allows withdrawal of samples and only includes adults. The potential uses of research into genes associated with violent and ‘antisocial’ behaviour are discussed in the context of an increasing degree of surveillance in the UK. Conclusion: It should not be assumed that the benefits of forensic databases will necessarily override the social and ethical costs, regardless of changes to the criteria for inclusion or the permitted uses of samples and profiles. The expansion of forensic databases raises issues of relevance to the medical profession. (shrink)

Orations of the Fatimid Caliphs: Festival Sermons of the Ismaili Imams. Ed. and tr. Paul E. Walker. Ismaili Texts and Translations Series, vol. 10. London: I. B. Tauris, with the Institute of Ismaili Studies, 2009. Pp. xvii + 162 + 58. £29.50, $51.29.

Forensic DNA phenotyping (FDP) is an emerging technology that seeks to make probabilistic inferences regarding a person’s observable characteristics (“phenotype”) from DNA. The aim is to aid criminal investigations by helping to identify unknown suspected perpetrators, or to help with non-criminal missing persons cases. Here we provide results from the analysis of 36 interviews with those who have a professional stake in FDP, including forensic scientists, police officers, lawyers, government agencies and social scientists. Located in eight EU countries, (...) these individuals were asked for their views on the benefits and problems associated with the prospective use of FDP. While all interviewees distinguished between those phenotypic tests perceived to either raise ethical, social or political concerns from those tests viewed as less ethically and socially problematic, there was wide variation regarding the criteria they used to make this distinction. We discuss the implications of this in terms of responsible technology development. (shrink)

In the context of debates on psychiatry issues pertaining to moral dimensions of psychiatric health care are frequently discussed. These debates invite reflection on the question whether forensic practitioners have a role in stimulating patients’ moral development and moral growth in the context of forensic psychiatric and psychological treatment and care. We conducted a qualitative study to examine to what extent forensic practitioners consider moral development and moral growth to be a part of their current professional practices (...) and to what extent they think that stimulating moral development is a legitimate objective in the context of forensic psychiatric treatment. In addition, we asked how forensic practitioners balance pubic safety and risk management concerns with the interests and wellbeing of the individual patient. We conclude that: elements of moral development and moral growth in forensic psychiatric care practices are to a certain extent inevitable and not necessarily questionable or undesirable; yet, as in similar debates these elements need to be made explicit in order to discuss the accompanying ethical challenges and boundaries. An open academic, professional and public debate on aspects of stimulating moral betterment within current practices is therefore desirable. (shrink)

Philip Melanchthon, humanist and colleague of Martin Luther, is best known for his educational reforms, for which he earned the title Praeceptor Germaniae. His most influential form of philosophical writing was the academic oration, and this volume, first published in 1999, presents a large and wide-ranging selection of his orations and textbook prefaces translated into English. They set out his views on the distinction between faith and reason, the role of philosophy in education, moral philosophy, natural philosophy, astronomy and (...) astrology, and the importance of philosophy to a true Christian, as well as his views on Classical philosophical authorities such as Plato and Aristotle and on contemporaries such as Erasmus and Luther. Powerfully influential in their time, inspiring many Protestant students to study philosophy, mathematics and natural philosophy, they illuminate the relationship between Renaissance and Reformation thought. (shrink)

Philip Melanchthon, humanist and colleague of Martin Luther, is best known for his educational reforms, for which he earned the title Praeceptor Germaniae. His most influential form of philosophical writing was the academic oration, and this volume, first published in 1999, presents a large and wide-ranging selection of his orations and textbook prefaces translated into English. They set out his views on the distinction between faith and reason, the role of philosophy in education, moral philosophy, natural philosophy, astronomy and (...) astrology, and the importance of philosophy to a true Christian, as well as his views on Classical philosophical authorities such as Plato and Aristotle and on contemporaries such as Erasmus and Luther. Powerfully influential in their time, inspiring many Protestant students to study philosophy, mathematics and natural philosophy, they illuminate the relationship between Renaissance and Reformation thought. (shrink)

Scientific evidence is often more reliable than other types of evidence commonly used in criminal trials – i.e., eyewitness identifications, confessions, and informant testimony. Nevertheless, despite its obvious value, forensic science has not always merited the term “science.” Three developments in the 1990s focused attention on its shortcomings: the advent of DNA profiling, the Supreme Court's “junk science” decision, and a number of wellpublicized crime laboratory scandals. In light of these developments, and in order to take full advantage of (...) the power of forensic science to aid in the search for truth, a number of reforms are needed: Crime laboratories should be accredited, lab procedures should be standardized, and basic research needs to be conducted on many commonly used techniques. Court procedures also require improvement: Defense experts should be more readily available to indigent defendants, and more comprehensive pretrial disclosure of the substance of expert testimony should be provided. (shrink)

Based on an ethnographic study of fingerprint and DNA evidence practices in the Swedish judicial system, this article analyses the materialization of forensic evidence. It argues that forensic evidence, while popularly understood as firmly rooted in materiality, is inseparably technoscientific and cultural. Its roots in the material world are entangled threads of matter, technoscience and culture that produce particular bodily constellations within and together with a particular sociocultural context. Forensic evidence, it argues further, is co-materialized with crimes (...) as well as with particular bodily and social constellations. Consequently, the article suggests that an analysis of how forensic evidence is produced can contribute to feminist understandings of the inseparability of sex and gender: understanding bodies as ongoing technoscientific-material-cultural practices of materialization may be a fruitful approach to analysing their complexity, and the relationships in which they are placed, without surrendering to either cultural or biological determinism. Taking a theoretical point of departure not only in an STS-informed approach, but also in material feminist theorizations, the article also underlines that the suggested theoretical conversations across borders of feminist theory and STS should be understood as a two-way-communication where the two fields contribute mutually to each other. (shrink)

This book is a penetrating analysis of the forensic mental health system - how it operates, the people involved, the problems inherent in the system, and the huge ethical dilemmas. It brings together a range of specialists, who describe the processes involved in dealing with a mentally disordered offender - from their own unique perspective.

This book is a penetrating analysis of the forensic mental health system - how it operates, the people involved, the problems inherent in the system, and the huge ethical dilemmas. It brings together a range of specialists, who describe the processes involved in dealing with a mentally disordered offender - from their own unique perspective.

Since at least the mid-1970s, public health and law enforcement officials have conducted joint or parallel investigations of both health problems possibly associated with criminal intent and crimes having particular health dimensions. However, the anthrax and other terrorist attacks of fall 2001 have dramatically underscored the needs that public health and law enforcement officials have for a clear understanding of the goals and methods each discipline uses in investigating such problems, including and especially the potential use of biologic agents as (...) weapons of mass destruction. Recognition of these needs has prompted some experts to call for the application of “forensic epidemiology” to such problems. Even before the attacks of fall 2001, other problems, such as the detection of the West Nile Virus in the United States and concerns that the emergence of this infectious agent was the consequence of a deliberate act, raised novel challenges to the combined interests of public health and criminal investigators. (shrink)

Since at least the mid-1970s, public health and law enforcement officials have conducted joint or parallel investigations of both health problems possibly associated with criminal intent and crimes having particular health dimensions. However, the anthrax and other terrorist attacks of fall 2001 have dramatically underscored the needs that public health and law enforcement officials have for a clear understanding of the goals and methods each discipline uses in investigating such problems, including and especially the potential use of biologic agents as (...) weapons of mass destruction. Recognition of these needs has prompted some experts to call for the application of “forensic epidemiology” to such problems. Even before the attacks of fall 2001, other problems, such as the detection of the West Nile Virus in the United States and concerns that the emergence of this infectious agent was the consequence of a deliberate act, raised novel challenges to the combined interests of public health and criminal investigators. (shrink)

In the Netherlands, Forensic Flexible Assertive Community Treatment is used as a specialized form of outpatient intensive treatment. This outreaching type of treatment is aimed at patients with severe and long lasting psychiatric problems that are at risk of engaging in criminal behavior. In addition, these patients often suffer from addiction and experience problems in different areas of their life. The aim of this exploratory study was to gain more insight into the characteristics of the ForFACT patient population. More (...) knowledge about these patients may enhance the effectiveness of ForFACT and therefore reduce the risk of recidivism. Data on 132 ForFACT patients were gathered by studying electronic patient records, criminal records, and by conducting semi-structured interviews with practitioners and patients. Additionally, as part of a cognitive screening, two screening instruments were conducted to gain insight into intelligence and possible mild cognitive impairments. This article gives a broad description of the ForFACT patient population, including demographic data and context variables, diagnostics, recidivism risk and offense history, and aspects related to care. Furthermore, several recommendations are given to further improve ForFACT. Based on the results it can be concluded that the ForFACT patient population shows a high degree of diversity in complex care needs and responsivity issues. Therefore, this article highlights the necessity for ForFACT to collaborate with other mental health institutions, as well as probation officers, and forensic or criminal justice institutions. Moreover, it is important to continually check the inclusion and exclusion criteria when admitting patients to ForFACT, and to examine whether ForFACT is still the most adequate care for patients or if they need to be referred. In addition, the results emphasize the importance of cognitive screening for forensic outpatients. Finally, this study zooms in on the interface between forensic psychiatric care and general mental health care. (shrink)

In this brief report, the authors argue that while a lot of concerns about forensic DNA databases have been raised using arguments from biomedical ethics, these databases are used in a complete different context from other biomedical tools. Because they are used in the struggle against crime, the decision to create or store a genetic profile cannot be left to the individual. Instead, this decision is made by officials of a society. These decisions have to be based on a (...) policy that is the concretisation of some of society's most fundamental ideas about its own nature and function. Individuals wanting to influence these decisions have to try to influence this policy, within the bounds of a state's own self-concept. This article is an attempt to reorient the discussion about forensic DNA databases from a biomedical debate to a more political–philosophical one. (shrink)

The prelims comprise: Introduction How it Works Sources of Error and Uncertainty DNA Typing Results as Legal Evidence The Legal Reception of DNA Typing DNA Typing and the Judicial Assessment of Scientific Evidence Social Impact: Criminal Investigation and Adjudication Conclusion Notes.

The subject of the research refers to the aspect of digital forensics and computer crime and the latter is one of the reasons for the evolution of crime in general. Based on the growing trend of technology development and the increase in the number of digital crimes, a special emphasis is given to the statistical aspect of computer crime as well as measures to reduce the impact of computer crime, including the ethical and legal aspects in the Republic of North (...) Macedonia (RNM). To conduct this research, statistical data on computer crime in RNM from 2011 to 2020 were used, based on historical data of analysis, as well as comparison, correlation, and the ANOVA-test. The highest number of crimes were registered in 2020 and a special feature is that a positive linear trend can be observed during the last decade. “Damage and unauthorized access to a computer system” took the first place in computer crimes according to the Criminal Procedure Law. (shrink)

David Houston Jones builds a bridge between practices conventionally understood as forensic, such as crime scene investigation, and the broader field of activity which the forensic now designates, for example performance and installation art, as well as photography. Contemporary work in these areas responds both to forensic evidence, including crime scene photography, and to some of the assumptions underpinning its consumption. It asks how we look, and in whose name, foregrounding and scrutinising the enduring presence of voyeurism (...) in visual media and instituting new forms of ethical engagement. Such work responds to the object-oriented culture associated with the forensic and offers a reassessment of the relationship of human voice and material evidence. It displays an enduring debt to the discursive model of testimony which has so far been insufficiently recognised, and which forms the basis for a new ethical understanding of the forensic. Jones's analysis brings this methodology to bear upon a strand of contemporary visual activity which has the power to significantly redefine our understandings of the production, analysis and deployment of evidence. Artists examined include Forensic Architecture, Simon Norfolk, Melanie Pullen, Angela Strassheim, John Gerrard, Julian Charrière, Trevor Paglen, Laura Poitras and Sophie Ristelhueber. The book will be of interest to scholars working in art history, visual culture, literary studies, modern languages, photography and critical theory. (shrink)