In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements and nothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) (...) what complex descriptions of actions prohibited by criminal codes both do and should require ; and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides both legislators and judges a grounding in three of the most basic elements of criminal liability. (shrink)

This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book is Moore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in (...) all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes so systematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field. (shrink)

The history of the physics of pendular motion rightly begins with Galileo's discovery of the isochronous character of that motion. There is, however, a ‘pre-history’ of the pendulum, centering on its initial recognition as a significant special case requiring explanation. This occurred in the writings of Jean Buridan and Nicole Oresme in the middle of the fourteenth century. Earlier works that might have been construed as discussing pendular motion are considered, as are the explanations for the scholastic ‘discovery’ of pendular (...) motion put forth by Thomas Kuhn and Piero Ariotti. In contrast to these writers, this paper seeks to account for the pendulum's emergence with reference to an imaginary experiment concerning a body moving past the earth's center, medieval theories of impetus, and the proximate physical model of pendular motion, the late medieval heavy suspended church bell. (shrink)

Supersaturated hcp f -Zr alloys containing 22-28 at.% N were prepared by nitriding sheets of Zr in an atmosphere of high-purity N 2 , followed by homogenization under high-purity Ar gas. Quenching and isothermal ageing of the alloys for various times between 500 and 650°C resulted in precipitation of a metastable phase, rather than the equilibrium phase ZrN. This investigation focused on determining the structure, orientation relationship, habit plane, morphology, growth kinetics and atomic growth mechanism of this non-equilibrium precipitate using (...) transmission electron microscopy imaging and diffraction techniques, high-resolution transmission electron microscopy, electron-energy-loss spectroscopy and various simulation programs. The precipitate, which was arbitrarily designated the  phase, has a monoclinic Bravais lattice. Its lattice parameters are a = 0.32 nm, b = 0.60 nm, c = 0.56 nm, f = g = 90° and n = 121.5°. Its orientation relationship with the f matrix is $$ _alpha /mskip-2/ _xiquad adquad [01bar 10] _alpha /mskip-2/ [001]_xi, $$ and the average habit plane of lenticularly shaped precipitates is $_alpha$ . Determination of the structure and other aspects of the phase transformation are discussed. (shrink)

How are the properties of computer programs proved? We discuss three approaches in this article: inductive invariants, functional semantics, and explicit semantics. Because the first approach has received by far the most attention, it has produced the most impressive results to date. However, the field is now moving away from the inductive invariant approach.

Organizational virtue orientation (OVO), an organizational-level construct, refers to the integrated set of beliefs and values that support ethical character traits and virtuous behaviors. To advance the study of organizational virtue, we examine OVO in firms making their initial public offerings (IPOs), with respect to key external stakeholders that serve as financial intermediaries (i.e., venture capital firms and underwriting banks). Drawing on stakeholder and resource dependence theories, we argue that mutual interdependencies occur between financial intermediaries and IPO firms such that (...) venture capital firms’ ownership levels and underwriter reputation are positively associated with the selection of more virtuous IPO firms. We also argue for the moderating relationship of IPO firm age on these main relationships; since IPO firms have more history and information availability, less importance will be placed on OVO in the selection process. In support of our hypotheses, the results of this study suggest the organizational virtue of IPO firms influences the selection decisions of financial intermediaries by reflecting positively on these key stakeholders to improve legitimacy and reputation. (shrink)

Rationale: Deep brain stimulation (DBS) of the hippocampus is proposed for enhancement of memory impaired by injury or disease. Many pre-clinical DBS paradigms can be addressed in epilepsy patients undergoing intracranial monitoring for seizure localization, since they already have electrodes implanted in brain areas of interest. Even though epilepsy is usually not a memory disorder targeted by DBS, the studies can nevertheless model other memory-impacting disorders, such as Traumatic Brain Injury (TBI). Methods: Human patients undergoing Phase II invasive monitoring for (...) intractable epilepsy were implanted with depth electrodes capable of recording neurophysiological signals. Subjects performed a delayed-match-to-sample (DMS) memory task while hippocampal ensembles from CA1 and CA3 cell layers were recorded to estimate a multi-input, multi-output (MIMO) model of CA3-to-CA1 neural encoding and a memory decoding model (MDM) to decode memory information from CA3 and CA1 neuronal signals. After model estimation, subjects again performed the DMS task while either MIMO-based or MDM-based patterned stimulation was delivered to CA1 electrode sites during the encoding phase of the DMS trials. Each subject was sorted (post hoc) by prior experience of repeated and/or mild-to-moderate brain injury (RMBI), TBI, or no history (control) and scored for percentage successful delayed recognition (DR) recall on stimulated vs. non-stimulated DMS trials. The subject’s medical history was unknown to the experimenters until after individual subject memory retention results were scored. Results: When examined compared to control subjects, both TBI and RMBI subjects showed increased memory retention in response to both MIMO and MDM-based hippocampal stimulation. Furthermore, effects of stimulation were also greater in subjects who were evaluated as having pre-existing mild-to-moderate memory impairment. Conclusion: These results show that hippocampal stimulation for memory facilitation was more beneficial for subjects who had previously suffered a brain injury (other than epilepsy), compared to control (epilepsy) subjects who had not suffered a brain injury. This study demonstrates that the epilepsy/intracranial recording model can be extended to test the ability of DBS to restore memory function in subjects who previously suffered a brain injury other than epilepsy, and support further investigation into the beneficial effect of DBS in TBI patients. (shrink)

Neural reuse theories should interest developmental psychologists because these theories can potentially illuminate the developmental relations among psychological characteristics observed across the lifespan. Characteristics that develop by exploiting pre-existing neural circuits can be thought of as developmental homologues. And, understood in this way, the homology concept that has proven valuable for evolutionary biologists can be used productively to study psychological/behavioral development.

Chefs have been recognized as potentially important partners in efforts to promote local food systems. Drawing on the diffusion of innovation framework we (a) examine the characteristics of chefs and restaurants that have adopted local foods; (b) identified local food attributes valued by restaurants; (c) examine how restaurants function as opinion leaders promoting local foods; (d) explored network linkages between culinary and production organizations; and (e) finally, we consider some of the barriers to more widespread adoption of local foods in (...) the culinary community. Analyzing quantitative and qualitative data collected from interviews with individuals from 71 restaurants, we compare and contrast restaurants that utilize relatively large amounts of locally-produced ingredients with restaurants using few, if any, local products. Results reveal that chefs are most interested in intrinsic food qualities, such as taste and freshness, and less interested in production standards. As opinion leaders, chefs utilize signage, wait staff, and cooking classes to promote local foods; however, the diffusion process across restaurants, and between restaurants and producers, is limited by network associations. Structural barriers such as distribution problems and lack of convenience were identified as limiting more widespread use of locally-grown foods. We offer several implications of this research for further work that seeks to engage chefs as opinion leaders who are important to building greater support for local food systems. (shrink)

The conclusions reached by Hooks et al. urge the field to investigate the complex multipathway interactions between the microbiome and the gut-brain axis to understand the potential causal relationships involved. Claims in the field of microbiota-gut-brain research remain problematic without appropriate controls and adequate statistical power. A crucial question that follows from the authors' extensive review is: “Why don't probiotics work?”.

My own mode of discussing Douglas Husak's excellent new book, Overcriminalization,1 is by comparing the theory that book defends—what Husak calls “minimalism”—with a theory with which I am already...

While addiction is not a legal defense in any legal system, the chapter assays whether it should be. The conclusion is largely negative, denying that there should be any general defense but allowing that in certain cases at least a partial defense would be appropriate. The chapter rejects the shibboleths commonly asserted in this area: that no addict can be excused because he or she was responsible for becoming an addict in the first place and that all addicts must be (...) excused because addiction is a brain disease. A more piecemeal, nuanced approach is taken to the issue. (shrink)

In the late Middle Ages the philosopher and mystic Meister Eckhart preached that to know the truth you must be the truth. But how to be the truth? Eckhart's answer comes in the form of an imperative: release yourself, let be. Only then will you be able to understand that the deepest meaning of being is releasement. Only then will you become who you truly are. This book interprets Eckhart's Latin and Middle High German writings under the banner of an (...) imperative of releasement, and then shows how the twentieth-century thinker Martin Heidegger creatively appropriates this idea at several stages of his career. Heidegger had a lifelong fascination with Eckhart, referring to him as "the old master of letters and life." Drawing on archival material and Heidegger's marginalia in his personal copies of Eckhart's writings, Moore argues that Eckhart was one of the most important figures in Heidegger's philosophy. This book also contains previously unpublished documents by Heidegger on Eckhart, as well as the first English translation of Nishitani Keiji's essay "Nietzsche's Zarathustra and Meister Eckhart," which he initially gave as a presentation in one of Heidegger's classes in 1938. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CRUCIFIXION: ACCIDENT OR DESIGN? Sebastian Moore, O.S.B. Downside Abbey Lastyear I was visited by an old friend from my Liverpool days. Mike and I had worked together with the young of the parish, and one summer the two of us took a couple of boys camping in France, a trial of patience which made us known to each other at some depth. He was in fact a passionately (...) convinced Catholic, and very pastoral with it. We had many and long theological discussions. On his recent visit to Downside, I was showing him and some friends round our church, when, à propos ofquite what I don't remember, he made a remark about the Catholic cult of suffering, and said, "and it's all because ofthe crucifixion, isn't it? Why don't we recognize that the crucifixion was an accident?" I didn't react, because I was dumbfounded at what seemed to be the denial ofthe mystery ofthe cross by a friend who I had no reason to believe had stopped being a Catholic. And I'm sure he hasn't. He would certainly have told me ifhe had. It has taken me over a year to figure out what is going on here, and this would not have been possible without intensive study of the work of René Girard. The only alternative to saying that the crucifixion was an accident is to say that it was "ordained by God." It is only as ordained by God that this horrible event could be presented to people as a divine affirmation that suffering is to be sought and espoused. Also, it is only as ordained by God that the crucifixion can be thought of as "appeasing God" in some way. Both the moral and the dogmatic implication ofthe crucifixion—that suffering is a good thing, and that God required a victim—are grounded in the notion that God required the crucifixion ofhis Son. And it is because this idea is quite unacceptable, unworthy of God and ofthe human mind made in God's image, that my friend concludes that the crucifixion was not required by God, not written into the eternal scheme ofthings, but an accident. 156Sebastian Moore Once the problem is clarified in these terms, more and more instances come to mind, of rejection, by Christians and others, of the whole divine ordination ofthe cross. Gore Vidal refers to Christianity as "that lugubrious religion." Mary Hunt, a prominent American Catholic feminist, introduced a workshop with the statement, "we are not about naked guys nailed to crosses, blood all over the place!" Where divine ordering is accepted the special painfulness and darkness ofthe idea is noted. Anselm refers to the doctrine as the Narnia Chronicles, to commend the notion, by referring to a dark law written into the nature ofthings beyond our comprehension. The children's suggestion that Asian should simply not comply with the Snow Queen's requirement is rejected by Asian with a mysterious impatience—the children justhaven't grown up, like the romantics who, according to Matthew Arnold, "did not know enough." Again, during a day on "the roots of violence" that I led here yesterday there was much questioning about the role ofGod die Father in the crucifixion. The problem is crystallized in the famous cry from the cross, "Why have you forsaken me?" To my confessedly lame suggestion that Jesus was "only quoting a psalm," someone remarked, "to quote that psalm at thatjuncture and not mean it, is somewhatmisleading!" Again it's the same problem. How can God be understood as ordaining the crucifixion, compatibly with the notion of God as all-loving which Christianity of course affirms? Hans Urs Von Balthasar, who is 90% pro-Girard, in the other 10% wants to hold on to something he calls "the wrath of God." Thus the seeming necessity of having God require and ordain the crucifixion is the main crisis of Christian belief. The six-year-old Willie, in Thomas Klise's amazing novel, The Last Western, puts the problem with childlike directness. He keeps interrupting catechism class with, "Why did God kill Jesus?" and is shushed by Sister. I recall that Illtyd Trethowan said to... (shrink)

PHILOSOPHY , like some people, has many relations; and, as in the case of people with large family connections, it is possible to learn a good deal more about the nature of philosophy if we consider its relations with other members of the family to which it belongs. In this family are included, along with philosophy itself, two extremely important human interests, science and religion, all of which have a common concern in the fundamental problems of human experience, and attempt (...) in various ways to satisfy man's need of adjusting himself to the universe which lies about him. Of these three related interests, Religion may be thought of as one of the parents of. (shrink)

The first important question which confronts the teacher of an introductory course in philosophy is likely to be the question as to how he may best approach the subject of what philosophy is, how to approach it in such a way as to pique the curiosity and excite the interest of the student from the beginning. After considering this question many times, it has recently occurred to the present writer that it might be helpful to make this approach by way (...) of a parable, an allegorical account of what seem to be the three basic human desires—the desire to live, the desire to enjoy life, and the desire to understand life. He accordingly offers this suggestion for whatever it may be worth, and presents the following little tale as at least one possible working-out of that suggestion. (shrink)

The author considers three methods by which philosophers attempt to reach their conclusions: 1) the rationalistic, Mathematical, Or deductive method; 2) the scientific, Empirical, Or inductive method; and 3) the romantic, Mystical, Or intuitive method. The author points out the values and defects of each method and attempts to discover which might be the best method for philosophy. (staff).

Originally published: Oxford: Clarendon, 1997.