The traditional distinction between retributive and distributive justice misconstrues the place of the criminal law in modern regulatory states. In the context of the regulatory state, the criminal law is a coercive rule-enforcing institution – regardless of whether it also serves the ends of retributive justice. As a rule-enforcing institution, the criminal law is deeply implicated in stabilizing the institutions and legal rules by means of which a state creates and allocates social advantage. As a coercive institution, the criminal law (...) requires justification as an instance of legitimate state authority. The operation of criminal justice institutions should therefore not be evaluated by reference to a distinct set of criteria, but should be evaluated by the same criteria that apply to coercive public institutions generally. (shrink)

This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory fails to explain adequately why criminal responsibility requires an act. Second, when it comes to the just definition of crimes, the act requirement is at best a rough generalization rather than a substantive limiting principle. Third, that the intuition underlying the so-called “act requirement” is better explained by what I call (...) the “practical-agency condition,” according to which punishment in a specific instance is unjust unless the crime charged was caused or constituted by the agent's conduct qua practically rational agent. The practical-agency condition is defended as a reconstruction of what is worth retaining in Anglo-American criminal law's traditional notion of an “act requirement.”. (shrink)

Humanitarian assistance in conflicts sometimes undermines local coping strategies, reinforces wartime economies, and strengthens the existing power structures. This article argues that some victims of conflicts are made extremely vulnerable and uniquely dependent on humanitarian agencies. In this case, humanitarian agencies have a distinct obligation to assist them. This article considers one novel account that justifies the continued provision of aid to victims of conflicts and rejects the widespread view that aid should be withdrawn to avoid its negative impact. This (...) article presents the “Distinct Dependence Argument” to address the aid dependency predicament in conflicts. It explores the degree of vulnerability and dependence of victims of conflicts and evaluates humanitarian agencies’ causal responsibility in causing such vulnerability and dependency. (shrink)

I defend a new conception of the particular-universal distinction based on considerations about what David Lewis calls ‘amphibians’. I argue, first, that given the possibility of amphibians, two recently popular conceptions of the particular-universal distinction, namely the repeatability conception and the duplicability conception, are both objectionable since they are biased in one way or another. I then propose a more flexible conception that solves this problem by regarding amphibians as belonging to a sui generis sort of property distinct from what (...) I call ‘strong universals’ and ‘strong tropes’. Finally, I respond to some objections directed at this new account. (shrink)

Henrich et al. provide a compelling argument about a bias in the behavioral sciences to study human behavior primarily in WEIRD populations. Here we argue that brain scientists are susceptible to similar biases, sampling primarily from WEIRD populations; and we discuss recent evidence from cultural neuroscience demonstrating the importance and viability of investigating culture across multiple levels of analysis.

This book contains an introduction to symbolic logic and a thorough discussion of mechanical theorem proving and its applications. The book consists of three major parts. Chapters 2 and 3 constitute an introduction to symbolic logic. Chapters 4–9 introduce several techniques in mechanical theorem proving, and Chapters 10 an 11 show how theorem proving can be applied to various areas such as question answering, problem solving, program analysis, and program synthesis.

The United States Supreme Court has repeatedly insisted that what distinguishes a criminal punishment from a civil penalty is the presence of a punitive legislative intent. Legislative intent has this role, in part, because court and commentators alike conceive of the criminal law as the body of law that administers punishment; and punishment, in turn, is conceived of in intention-sensitive terms. I argue that this understanding of the distinction between civil penalties and criminal punishments depends on a highly controversial proposition (...) in moral theory – namely, that an agent’s intentions bear directly on what it is permissible for that agent to do, a view most closely associated with the doctrine of double effect. Therefore, legal theorists who are skeptical of granting intention this kind of significance owe us an alternative account of the distinctiveness of the criminal law. I sketch the broad outlines of just such an alternative account – one that focuses on the objective impact of legislation on a class of protected interests, regardless of the state’s motivations in enacting the legislation. In other words, even if the concept of punishment is unavoidably intention-sensitive, it does not follow that the boundaries of the criminal law are likewise intention-sensitive, because the boundaries of the criminal law may be drawn without reference to the concept of punishment. I conclude by illustrating the application of this view to a pair of well-known cases, and noting some of its ramifications. (shrink)

For more than two thousand years, Confucius has been an inseparable part of China's history. Yet despite this fame,Confucius the man has been elusive. Now, in The Authentic Confucius , Annping Chin has worked through the most reliable Chinese texts in her quest to sort out what is really known about Confucius from the reconstructions and the guesswork that muddled his memory. Chin skillfully illuminates the political and social climate in which Confucius lived. She explains how Confucius made (...) the transition from court advisor to wanderer, and how he reluctantly became a professional teacher as he refined his judgment of human character and composed his vision of a moral political order. The result is an absorbing and original book that shows how Confucius lived and thought: his habits and inclinations, his relation to the people of the time, his work as a teacher and as a counselor, his worries about the world and the generations to come. In this book, Chin brings the historical Confucius within our reach, so that he can lead us into his idea of the moral and to his teachings on family and politics, culture and learning. The Authentic Confucius is a masterful account of the life and intellectual development of a thinker whose presence remains a powerful force today. (shrink)

Introduction -- The application of functional linguistics to film -- Cohesion in film -- Analysing action patterns in film -- Conclusion.

In this paper, I defend a deflationary account of proportionality, which suggests that proportionality does not explain anything valuable about a system of punishment. Proportionality, rather, is a conventional means for presenting judgments about whether punishment fits the crime. A system of punishment is proportionate to the degree that it coheres with widely shared norms about punishment. There are many reasons such coherence could be valuable, not all of which are retributive. Hence, while on a deflationary view it may be (...) important for a system of punishment to be proportionate, proportionality does not identify a uniquely important retributive value. I motivate the argument for a deflationary account of proportionality by canvassing some of the problems associated with both relative and absolute proportionality and examining how both legal theorists and courts have actually used the concept. I focus on the work of Doug Husak, and the jurisprudence of the Supreme Court of Canada. (shrink)

Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.

An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...) theory of punishment: it must take aggregation sufficiently seriously that it returns plausible results when scaled up from individual cases to large public institutions. In this vein, I briefly sketch a prioritarian metric for evaluating the use of custodial sanctions as a means of creating and allocating social advantage. (shrink)

The intent of this book focuses on Australia’s First Nations truth, voice, recognition, diversity, and respect. Hope O’Chin explains that knowledge about Australian First Nations culture and learning can be seen through new conceptual lens, which she refers to as an Ontology of Dreaming Hope for Australians. The book proposes to move from ontological propositions embedded in pedagogies and methodologies that center on the relevance of Indigenous epistemes and ways of doing. O’Chin offers a conceptual framing for engaging (...) with Indigenous peoples, and forming communities of belongingness and relationality. She offers suggestions for ways in which art and education can act as ‘healing’ and a way forward towards a more inclusive civil society. Reflexive practice, ethnographic principles, and action research is described in a way that methodologies provide an understanding of a sense of Belonging. O'Chin argues that theoretical research, art, and educational practice can add to the value of determining a strategy of Indigenous art investment within Australia, and to address how art and education can be used to validate contemporary expression of Aboriginality within contemporary Australian society. Ultimately, the book is about Indigenous strengths and what Indigenous ways of being, knowing and doing can offer, and how one might go about honouring and working in this way respectfully. (shrink)

Freely falling point-like objects converge toward the center of the Earth. Hence the gravitational field of the Earth is inhomogeneous, and possesses a tidal component. The free fall of an extended quantum mechanical object such as a hydrogen atom prepared in a high principal-quantum-number state, i.e. a circular Rydberg atom, is predicted to fall more slowly than a classical point-like object, when both objects are dropped from the same height above the Earth’s surface. This indicates that, apart from transitions between (...) quantum states, the atom exhibits a kind of quantum mechanical incompressibility during free fall in inhomogeneous, tidal gravitational fields like those of the Earth.A superconducting ring-like system with a persistent current circulating around it behaves like the circular Rydberg atom during free fall. Like the electronic wavefunction of the freely falling atom, the Cooper-pair wavefunction is quantum mechanically incompressible. The ions in the lattice of the superconductor, however, are not incompressible, since they do not possess a globally coherent quantum phase. The resulting difference during free fall in the response of the nonlocalizable Cooper pairs of electrons and the localizable ions to inhomogeneous gravitational fields is predicted to lead to a charge separation effect, which in turn leads to a large Coulomb force that opposes the convergence caused by the tidal gravitational force on the superconducting system.A “Cavendish-like” experiment is proposed for observing the charge separation effect induced by inhomogeneous gravitational fields in a superconducting circuit. The charge separation effect is determined to be limited by a pair-breaking process that occurs when low frequency gravitational perturbations are present. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Leonard Tan and Mengchen Lu, “‘I Wish to Be Wordless’: Philosophizing Through the Chinese Guqin.”Chiao-Wei Liu“I wish to be wordless” connects Chinese philosophical thinking to music education at large. Through discussions of values associated with the Chinese instrument guqin, Leonard Tan and Mengchen Lu exemplified “how music serves as ‘Truth tool’ in the Chinese philosophical tradition.” Specifically, the authors explored four ideas: “Search for Truth” (求真), (...) “Search for Harmony” (求和), “Search for Ethical Awakening” (求覺), and “Search for Sagehood” (求聖). These ideas embody insights from three major Chinese philosophical traditions: Confucianism, Daoism, and Buddhism. Time prevents me from exploring the complex issues related to the interpretation and translation of classical Chinese texts, but I will attempt to focus on some of the authors’ arguments and how they relate to the practice of music learning and teaching in the classroom.1Quoting Confucius in their article title, Tan and Lu called attention to the suspicion of language found in the conversation between Confucius and his disciple. Extending the argument, the authors referred to Daoist philosophers and argued that although language can transmit wisdom, words remain limited in their ability to capture “the grand unity of the whole” and thus can “detract us [End Page 199] away from Truth.” Tan and Lu suggested that music, unlike language, serves as a truth “tool” and allows one to arrive at the Dao (Truth). Truth is conceived as a way of understanding the world, “a universal order, a new world perspective....” I agree with the authors about the limitations of language in capturing the complexity of human experiences, yet I am perplexed at how Truth is interpreted throughout the article.For example, in their discussion of “Search for Truth,” Tan and Lu related the art of playing the guqin to the Buddhist notion of mingxin jianxing (明心見性), clearing the heart-mind, seeing the inner-self, and locating Truth within the guqin player. Truth here is framed as good moral qualities residing within one’s innermost self (xing 性). Based on Li Zhi’s argument, Tan and Lu stated that “since a guqin player is all about her heart-mind and one’s music is all about the musician, music is the heart-mind of the musician.” Assuming that the heart-mind of the guqin player and the music are one, Tan and Lu suggested that when music and the musician’s innermost self are in sync, the musician may be able to attain spiritual Enlightenment. The example of Chopin’s Nocturne Op. 9, no. 1 helps readers learn that Truth does not reside within the performer or the music, but is located in the space where the two are in sync: “An ‘authentic’ performance of Chopin is one that is not only ‘true’ to Chopin and the stylistic conventions of his times, but also ‘true’ to the performer’s innermost being.”While Tan and Lu’s argument places Truth in both music and the innermost self (xing) of the performers, herein lies an assumption that qualities aligned with the music are ethically good, whereas those that differ are not. The search for Truth is thus a task of refusing any potential influence by “unethical thoughts” in order to stay true to the music. Recognizing the existing norms guiding various music traditions, I wonder how ethical and unethical thoughts are understood in music classrooms. As a music teacher, if unethical thoughts are interpreted as materials and expressions that are different or irrelevant to the music work, how do music teachers make sense of students’ feelings—whether they are the longing for a sense of belonging in the school ensemble or the desire to excel in certain aspects of school life? Are these feelings or desires “unethical” because they are separate from the musical work? If all acts dedicated to the faithful representation of the music work are considered ethical, how about the different needs of different students?Furthermore, in describing “Search for Ethical Awakening,” Tan and Lu stated that music written for the guqin is often associated with moral stories. Learning about the stories associated with music would be mandatory for performers to be morally and spiritually attuned to the composer. While I agree with the authors... (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 210 Seiten: 129-149.

The rapidly increasing role of automation throughout the economy, culture and our personal lives has generated a large literature on the risks of algorithmic decision-making, particularly in high-stakes legal settings. Algorithmic tools are charged with bias, shrouded in secrecy, and frequently difficult to interpret. However, these criticisms have tended to focus on particular implementations, specific predictive techniques, and the idiosyncrasies of the American legal-regulatory regime. They do not address the more fundamental unease about the prospect that we might one day (...) replace judges with algorithms, no matter how fair, transparent, and intelligible they become. The aim of this paper is to propose an account of the source of that unease, and to evaluate its plausibility. I trace foundational unease with algorithmic decision-making in the law to the powerful intuition that there is a basic moral and legal difference between showing that something is true of many people just like you and showing that it is true of you. Human judgment attends to the exception; automation insists on blindly applying the rule. I show how this intuitive thought is connected to both epistemological arguments about the value of statistical evidence, as well as to court-centered conceptions of the rule of law. Unease with algorithmic decision-making in the law thus draws on an intuitive principle that underpins a disparate range of views in legal philosophy. This suggests the principle is deeply ingrained. Nonetheless, I argue that the powerful intuition is not as decisive as it may seem, and indeed runs into significant epistemological and normative challenges. At an epistemological level, I show how concerns about statistical evidence's ability to track the truth can be resolved by adopting a probabilistic, rather than modal, conception of truth-tracking. At a normative level, commitment to highly individualized decision-making co-exists with equally ingrained and competing principles, such as consistent application of law. This suggests that the “rule of law” may not identify a discrete set of institutional arrangements, as proponents of a court-centric conception would have it, but rather a more loosely defined set of values that could potentially be operationalized in multiple ways, including through some level of algorithmic adjudication. Although the prospect of replacing judges with algorithms is indeed unsettling, it does not necessarily entail unreasonable verdicts or an attack on the rule of law. (shrink)

A basic principle in sentencing offenders is proportionality. However, proportionality judgments are often left to the discretion of the judge, raising familiar concerns of arbitrariness and bias. This paper considers the case for systematizing judgments of proportionality in sentencing by means of an algorithm. The aim of such an algorithm would be to predict what a judge in that jurisdiction would regard as a proportionate sentence in a particular case. A predictive algorithm of this kind would not necessarily undermine justice (...) in individual cases, is consistent with a particularistic account of moral judgment, and is attractive even in the face of uncertainty as to the legitimate purposes of punishment. (shrink)

Non-medical or Social egg freezing (oocyte cryopreservation) is currently a controversial topic in Islam, with contradictory fatwas being issued in different Muslim countries. While Islamic authorities in Egypt permit the procedure, fatwas issued in Malaysia have banned single Muslim women from freezing their unfertilized eggs (vitrified oocytes) to be used later in marriage. The underlying principles of the Malaysian fatwas are that (i) sperm and egg cells produced before marriage, should not be used during marriage to conceive a child; (ii) (...) extraction of mature egg cells from single women being unacceptable; and (iii) fertility preservation in anticipation of late marriage is a conjecture that has not yet occurred. Ovarian tissue freezing can potentially be a more Shariah-compliant alternative to social egg freezing, because once the frozen ovarian cortical tissue sections have been re-transplanted back into the woman, mature egg cells can readily be produced, collected, and fertilized by the husband’s sperm only during the period of marriage contract (′akd al-nikāḥ). Unlike accidental mix-ups with frozen eggs, muddling of lineage (nasab) would be automatically avoided in ovarian tissue freezing due to immunological rejection. However, upon critical analysis based on Qawā’id Fiqhiyyah (Islamic Legal Maxims), Maqāṣid-al-Shariah (Higher Objectives of Islamic Law), and Maslaḥah-Mafsadah (benefits versus harmful effects on society), elective ovarian tissue freezing by healthy single women for social reasons would likely be a highly contentious and controversial issue within Muslim communities that may conflict with conservative social-religious norms. This thus needs further debate among Islamic jurists in dialogue with medical doctors and biomedical scientists. (shrink)

This study empirically examined the effects of ethical leadership and ethical climate on employee ethical behavior in the international port context using survey data collected from 128 respondents who worked in Taiwan International Ports Corporation in Taiwan. Research hypotheses were formulated from the previous literature and tested using structural equation modeling. Results indicated that ethical leadership had a significant impact on ethical climate and the ethical behavior of TIPC employees. Ethical climate was found to be positively associated with employee ethical (...) behavior. The theoretical and practical implications of the research findings are discussed. (shrink)

Literary narratives are well recognised for their power to foster engagement with complex social themes. Transmedia narratives, which present the same story in different media, can help advance both critical multimodal discourse studies and multiliteracies pedagogies. To harness this potential, we need to develop methods for systematically relating media affordances to discourse-semantic patterns and the broad social themes these patterns construct in narratives, and ensure these methods build on the knowledge learners bring to the classroom. This article introduces a social (...) semiotic method for analysing transmedia narratives and illustrates its ability to reflect the persuasive power of narrative and build on young children's critical multimodal awareness. This is achieved through a case study comprising data from three adaptations of the same award-winning narrative - animated film (Joyce, W. (Producer), Joyce, W., & Oldenburg, B. (Directors) (2011). The fantastic flying books of Mr Morris Lessmore [Motion Picture]. Moonbot Studios), interactive app (Moonbot Studios. (2011). The fantastic flying books of Mr Morris Lessmore (Version 1.4). [Mobile Application Software]), and traditional-format picture book (Joyce, W. (2012). The fantastic flying books of Mr Morris Lessmore. Illustrations by William Joyce and Joe Bluhm. Moonbot Books) - and mother-child interactions with the book and the app. (shrink)

L'homme mène son existence dans un univers sensoriel et un univers de sens. Quelles significations prennent les perceptions sensorielles dans la vie sociale et culturelle? Cet ouvrage à plusieurs voix étudie les sens dans différentes circonstances de la vie collective : chamanisme, maladie, racisme, sexualité, rencontre, vie quotidienne, musique, etc. Le Brésil, la Mongolie, le Burkina-Faso, l'Inde, le Mexique, le Sénégal, la société touarègue... et bien entendu l'Europe. Anthropologie et ethnologie sont ici sollicitées dans ces études des relations symboliques entre (...) les sens et le sens. (shrink)

The demand for liver transplants continues to far exceed the number of available viable donor organs; hence, it is of utmost importance to determine those individuals who are best able to care for these valuable, limited resources as potential recipients. At the same time, psychiatric comorbidity is common in the course of end-stage liver disease and can be mutually complicating. This article focuses on liver transplant candidacy from a psychiatric perspective, using illustrative cases to underscore the foundational facets of medical (...) ethics that serve as the guide to these complex medical and ethical decisions. (shrink)

We live in the Age of Big Data. In medicine, artificial intelligence and machine learning algorithms, fueled by big data, promise to change how physicians make diagnoses, determine prognoses, and develop new treatments. An exponential rise in articles on these topics is seen in the medical literature. Recent applications range from the use of deep learning neural networks to diagnose diabetic retinopathy and skin cancer from image databases, to the use of various machine learning algorithms for prognostication in cancer and (...) cardiovascular disease. Many factors are driving the adoption of AI in health care, from... (shrink)

Using Reidenbach and Robin’s Multidimensional Ethics Scale, this study designs three scenarios related to academic dishonesty dilemmas to explore students’ moral philosophies, behavioral intentions, and ethical judgments and further examines whether students with different individual factors have differences in the above variables. A total of 605 students from two areas, Taiwan and Mainland China, participated in this study. The results indicated that Taiwanese students had stricter moral equity, relativism, and contractualism philosophies in the duplicate submission scenario than Mainland China students. (...) They also had stricter moral equity and relativism philosophies in the incomplete citation scenario. Similarly, relatively harsh relativism and contractualism philosophies accompanied by a low level of willingness to be a perpetrator in the failure to cite research published in other countries scenario were found. In addition, females applied relatively harsh moral equity and utilitarianism to all scenarios, reporting that they and their peers were less likely to engage in all AD activities. Graduates had a stricter egoism attitude toward duplicate submission and had stricter moral equity, relativism, and contractualism philosophies toward the behavior of incomplete citation. Graduate students also had strict moral equity, relativism, egoism, and contractualism beliefs in the failure to cite the foreign research scenario. Finally, regression analysis showed that moral equity, contractualism, and self-behavioral intention are significant predictors of students’ ethical evaluations in the three scenarios. (shrink)

The authority of the social : a pragmatic ethos of enquiry -- Rorty and continental political thought : ontology, naturalism and history -- Theorizing after foundations : ontology, language, and heidegger -- Reconstructing naturalism : pragmatic or ontological? -- History and modernity : self-assertion and critical reflexivity -- Rorty's insights for contemporary political theory : pragmatic socio- -- Political criticism -- Pragmatic political thinking : Rorty in contemporary critical social theory -- Rorty and political theory : how pragmatism constrains and (...) enables political -- Thinking. (shrink)