Rape conviction rates have fallen to all-time lows in recent years, prompting governments to explore a range of strategies to improve them. This paper argues that, while the current legal impunity for rape cannot be condoned, increasing conviction rates is not in itself a valid objective of law reform. The paper problematises the measure of rape law that conviction rates provide by developing an account of (some) feminist aims for rape law reform. Three feminist (...) aims and associated measures are explained—all of which look beyond conviction rates to qualitative and victim-centred outcomes of criminal justice processes. Applying these measures, I argue that strategies designed solely to increase conviction rates are more likely to work against, rather than in support of, feminist aims. The paper thus underscores the need for continued feminist engagement with rape law reform, broadly conceived, notwithstanding its acute limitations for feminist anti-violence politics. (shrink)

What should we do about low conviction rates for sexual offences? Much of the discussion focuses on the problem of prosecution: i.e. too few accusations of sexual assault make their way to court. Here, I want to consider the problem from a different angle—namely, what should we do if prosecution rates rise, but conviction rates do not? After all, prosecutions are not an end in themselves. The problem is that too few people who are guilty (...) of sexual assault are being punished. So, what steps, if any, should be taken if conviction rates fail to rise along with prosecution rates? (shrink)

This paper focuses on the links between inequality in academic performance and juvenile conviction rates for violent crime, stealing from another person, burglary in a dwelling and racially motivated offences. We use area-based aggregate data to model this relationship. Our results show that, above and beyond impacts of absolute access to resources, young people who grow up in school cohorts marked by higher levels of disparity in educational achievement may be more prone to commit violent crime and racially (...) motivated offences than those with less disparity. This association is however not found for property-related offences. Our results further show that higher between-schools inequality and higher within-school inequality are both associated with higher conviction rates for violent crime and racially motivated offences. (shrink)

The American criminal justice system creates incentives for false conviction. For example, many public crime labs are funded in part per conviction. We show that the number of false convictions per year in the American criminal justice system should be considered ?high.? We examine the incentives of police, forensic scientists, prosecutors, and public defenders in the U.S. Police, prosecutors, and forensic scientists often have an incentive to garner convictions with little incentive to convict the right person. These incentives (...) create what economists call a ?multitask problem? that seems to be resulting in a needlessly high rate of false convictions. Public defenders lack the resources and incentives needed to provide a vigorous defense for their clients. Corrective measures are discussed, along with a call for more research. (shrink)

Over the past 20 years, organ donations in Spain have soared from modest numbers to the highest rate in the world. In the brief span between 1998 and 2005, donation rates have increased from 14 per million population to 35.1 p.m.p. By way of comparison the number in the United States is 25.5 donations p.m.p.

This is a philosophical study by Lithuanian authors on issues related to how to teach philosophy, especially moral philosophy, through films, paintings, images, etc. The topics include multimodality as a synthesis; semiotics and language and image; cinema and philosophical education; postructuralism; film education; value education through spiritual cinema; Eastern Ethics for Western students through multimodal education; philosophy for children; sound and multimodality; Pedagogy of aesthetic to eco-pedagogy, etc.

Rate, John In this first Sunday of Advent we are reminded that our lives and our world are moving towards a great finale, as envisioned in our times by the great Teilhard de Chardin. While there are some terrifying aspects to this (our natural fear of death, and the apocalyptic descriptions of the end-times in Luke's Gospel), Luke calms us with his confident admonition: 'Stand erect, hold your heads high, because your liberation is near at hand.' As we allow this (...) truth to influence daily life, we will naturally want to 'stay awake' and 'practise honesty and integrity in the land' (first reading), and we will understand more fully the beautiful Alleluia verse prayer: 'Lord, show us your mercy and love, and grant us your salvation.'. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are (...) unable to study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

ABCP asset‐backed commercial paper ABS asset‐backed security ABX a source of price indices for MBSs and CDSs ARM adjustable‐rate mortgage B...

Consider a terrible situation that too many women find themselves in: 85,000 women are raped in England and Wales alone every year. Many of these women do not bring their cases to trial. There are multiple reasons that they might not want to testify in the courts. The incredibly low conviction rate is one. Another reason, however, might be that these women do not want the fact that they were raped to become the most salient thing about them. More (...) specifically, they do not want it to be the thing that others attend to the most—that others find most noticeable and memorable. In this paper, I introduce the notion of ‘harmful salience perspectives’ to help to explain this and related phenomena. This refers either to attention on things that should not be salient, or not enough attention on things that deserve to be made salient. Following ideas within the feminist literature on objectification, I argue that we can be harmed when aspects of our identity that do not reflect our personhood—our agency, rationality, personality, and so on—are more prominent in the minds of others than aspects that do reflect our personhood. Crucially, these ways of attending do not need to implicate false beliefs and harmful ideologies to be harmful, but can be harmful in their own right. (shrink)

While the low conviction rate for cases of sexual violence is often justified by the so-called ‘he-said-she-said’ nature of these cases, the increasing presence of digital evidence has begun to challenge this justification. This digital evidence can provide new opportunities for intervening in and prosecuting sexual violence. However, it may also be used against complainants or deemed still insufficient for proving guilt. Thus, while digital evidence may be challenging typical criminal justice responses to sexual violence, it may equally be (...) utilised to buttress entrenched stereotypes and criminal justice practices that lead to complainant dissatisfaction and serve to support low conviction rates. I draw on critical feminist legal theory, feminist engagements with digital technology and sexual violence, and visual criminology to theorise the burgeoning role of the digital witness in sexual violence cases. (shrink)

This paper is aimed at assessing how power, control, and resistance come into play and how resistance counteracts power and control in police investigative interviewing. Considering that the Philippines was once a colony of the United States, it is essential to compare the two samples as the Philippine legal system is highly patterned after the American jurisprudence (Mercullo in JForensicRes 11:1–4, 2020). Highlighting the existing and emerging power relations between the police interviewer and the interviewee, the study employed Sacks, Schegloff, (...) and Jefferson’s ( Recuenco, A. (2022). Cops to undergo investigation retraining to improve conviction rate. Manila Bulletin. https://mb.com.ph/2022/07/21/cops-to-undergo-investigation-retraining-to-improve-conviction-rate/ ) Conversation Analysis (CA) and Fairclough’s (Ehrlich in Coulthard and Johnson (eds), The Routledge Handbook of Forensic Linguistics, Routledge, 2010) Critical Language Studies (CLS) as general frameworks. A total of 10 Philippine and American police interviews were examined. While the Philippine corpus was obtained from the Pasay City Police Station, Metro Manila, the American corpus was culled from forensicling.com, an open-access website containing forensic linguistic data. Findings revealed that power and control were employed by the police in both contexts with 109 evidential markers (50.7%) and 2,443 representative speech acts (63.3%) having the highest frequency of occurrence. What is striking is the fact that police officers in both Philippine and American contexts show power and control in their utterances to be able to achieve the goal of police interviewing, that is, to gather information and elicit voluntary responses from the interviewees. Through this study, it is hoped that interviewers will be able to explore a better system of the questioning process that may lead the interviewees to cooperate more with them and arrive at a more accurate information. (shrink)

I defend a deontological social contract justification of punishment for free will deniers. Even if nobody has free will, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation (OPD) where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the imprisonment of violent criminals (...) if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. And even if we assumed we would be accused of a crime, we would consent to an evidentiary standard low enough to allow a conviction rate sufficient to prevent the state of nature. After explaining this justification, I contrast it with the public health quarantine justification defended by Derk Pereboom and Gregg Caruso, and argue that it provides a stronger response to the using criminals as mere means objection. (shrink)

Content note: This paper discusses rape throughout.Abstract. In this paper, I consider arguments in favor of jury trials. While I find these generally persuasive, I argue that there can be cases where juries are not fit for purpose. In those cases, I argue that they should be replaced by judge-only trials. In doing so, I propose a framework for determining whether a type of case is unsuitable for jury trials. Partly in response to low conviction rates, there have (...) been recent suggestions that rape trials should be conducted without juries. I suggest that there is strong evidence that these offences qualify under the criteria I have described. As a result, I argue that judge-only trials should be adopted for trying rape cases. (shrink)

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, (...) on the other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

2013 marks 10 years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to reporting, prosecution or conviction rates. This article argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s other. This construction both constricts the frame in which women’s (...) sexuality can be thought and distorts the harm of rape for women. It also continues woman’s historic alienation from her own nature and denies her entitlement to a becoming in line with her own sexuate identity. Using Luce Irigaray’s critical and constructive frameworks, the article seeks to imagine how law might ‘cognise’ sexual difference and thus take the preliminary steps to a juridical environment in which women can more adequately understand and articulate the harm of rape. (shrink)

The purpose of this study is to identify if gender differences exist with respect to conviction of university students for academic dishonesty. To investigate this phenomenon, data from the Swedish National Agency for Higher Education (SNAHE) and from disciplinary boards of several Swedish universities were evaluated from a gender perspective. To identify whether the penalty severity for academic dishonesty is gender biased, the ratio of suspensions/warnings for male and female students was calculated. It was identified that female students are (...) less prevalent in disciplinary matters and that there was no systematic gender bias in penalty severities (warnings or suspensions). In addition, female students deny academic dishonest behaviors more than male students, indicating a possibly higher false conviction rate. (shrink)

Those who commit sexual assault are rarely brought to justice: for every 1000 rapes, only seven will result in a felony conviction. There are numerous factors that contribute to the fact that sexual assault goes largely unpunished, and legal reform alone is not a sufficient solution—but it is an important part of the solution. In this paper, I develop an account of the epistemic injustice that rape victims face in criminal trials, and I argue that this, at least in (...) part, helps to explain not only why conviction rates are so low, but why previous feminist legal reform has not helped to improve conviction rates. I then argue that more radical legal reform is necessary, and that we ought to consider lowering the standard of evidence in sexual assault cases. (shrink)

§1 To many in or on the edges of the Academy, ”Relativism” is a word with overtones of sinister iconoclasm, representing a kind of intellectual and ethical free-for-all in which the traditional investigative virtues of clarity, rigour, objectivity, consistency and the unbiased pursuit of truth are dismissed as illusory and the great scientific constructions of the last two hundred years, together with our deepest moral convictions, rated merely as ‘our way of seeing’ the world, more elaborate and organised but otherwise (...) on all fours with the cosmology and customs of primitive tribes. In his short book, Paul Boghossian aims to address, and to expose as bankrupt, the idea that there is even a coherent, let alone defensible philosophical stance about truth and knowledge that can underwrite these ‘pluralist’, or ‘postmodernist’ tendencies. But since it is crucial to his project that his style of discussion make it available to non-specialists, much of the recent more technical, less emotional debate within analytical philosophy about relativism’s renaissance as a particular form of semantic theory is passed over unmentioned. Part of my aim in what follows is to illustrate how Boghossian's discussion connects quite straightforwardly with relativism in its contemporary analytical philosophical livery—what I have elsewhere called New Age relativism1— and how some of his critical arguments may be presented in that setting. My main contentions will be, first, that when relativism about epistemic justification, and about morals, are couched in the currently canonical sort of form, they still remain in range of artillery that Boghossian positions in chapter 6 of his book; second, that there is evasive action that they can.. (shrink)

The management of 13,500 women transported to Van Diemen’s Land during the fifty years to 1853 was a constant problem for the authorities. In response to suddenly increased numbers during the 1820s when ships began arriving directly from Britain, ‘female factories’ were built. These multipurpose institutions were designed to process new arrivals, regulate the supply of female convict labour to settler households and punish the recalcitrant. All were impelled by agendas of reform, as well as punishment, and were expected to (...) monitor the bodies of criminals while grinding them into useful citizenry. There is considerable evidence that all failed in their objectives. A lack of suitable tasks, ineffective management, and convict agency derailed administrative plans. Unlike British and Irish penitentiaries, female factories were not closed institutions. Their primary role was to service settler demand for cheap domestic servants. A second paperwork surveillance system regulated the wider circulation of female convict labour. This was much more effective at keeping female convicts in view, although it too met with considerable resistance. We examine the impact of both architectural and bureaucratic surveillance systems on prosecution rates and colonial births, illustrating the impacts of colonial surveillance on both work and reproduction. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...) of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)

In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate how (...) idealized discussions of deterrence, rehabilitation, and retribution often ignore the relationship between punishment and social/political power, and thus systematically obscure morally significant aspects of our broader penal practices. (shrink)

This article analyses the evolution of penalties from Michel Foucault’s philosophy, verifying the departure of torture and giving rise to a disciplinary model. The aim is to find out the forms of power that society has exerted over the 19th century and the transition to ‘biopower’, where the purpose is to control all of society. In Brazil, the shift towards a punitive model becomes evident with the redemocratization that followed the National Constitution of 1988, which recognized the dignity of the (...) human person as the right to be upheld. In this context, the following question arises: Does the common Brazilian penitentiary system serve its corrective purpose? Is there a more effective way to deal with convicts, in terms of reducing recidivism rates? Mario Ottoboni founded the Association for the Protection and Assistance of Convicts (APAC). The present study proposes a study by APAC to answer these questions. APAC is an innovative institution that aims to fulfill the resocializing function of a sentence. This is a possible path for social reintegration. This study employed a deductive approach and was conducted using bibliographical research. (shrink)

In the Cratylus, Soc rates discusses with Cratylus and Hermogenes the question of whether names are merely arbitrary or in some sense ‘right,’ that is, motivated by the nature of the things they designate. In this article, I examine Heidegger’s controversial project of unearthing archē Greek terms in the specific light of the Cratylus and the tradition of “Cratylisms” which it has fostered. Having demonstrated the underlying Cratylist tendencies behind Heidegger’s conviction in the inherent ‘appropriateness’ of many Greek (...) keywords, I point out some of the problems posed by this closet Cratylism for Heidegger’s conception of primordial language as well as his critique of the correspondence theory of truth. (shrink)

In the Cratylus, Soc rates discusses with Cratylus and Hermogenes the question of whether names are merely arbitrary or in some sense ‘right,’ that is, motivated by the nature of the things they designate. In this article, I examine Heidegger’s controversial project of unearthing archē Greek terms in the specific light of the Cratylus and the tradition of “Cratylisms” which it has fostered. Having demonstrated the underlying Cratylist tendencies behind Heidegger’s conviction in the inherent ‘appropriateness’ of many Greek (...) keywords, I point out some of the problems posed by this closet Cratylism for Heidegger’s conception of primordial language as well as his critique of the correspondence theory of truth. (shrink)

This paper aims to identify the decision support systems and their role on the strategic management development in the Universities- Case Study: Islamic University of Gaza. The descriptive approach was used where a questionnaire was developed and distributed to a stratified random sample. (230) questionnaires were distributed and (204) were returned with response rate (88.7%). The most important findings of the study: The presence of a statistically significant positive correlation between the decision support systems and strategic management in the Islamic (...) University in Gaza, and this shows that there is a role for decision support systems in strategic management development. The senior management is convinced of the importance of strategic management of the organization, and this conviction paid to clearly understand the process of the development of strategic management and thus led to a commitment to this process to improve its performance. There is an impact on the strategic management of the capabilities available for the use of decision support systems, and the type of decision support systems used, while there is little effect of top management support for the use of decision support systems. Also, the results showed that there were no statistically significant differences between the averages of the respondents answers attributed to personal data. The research also concluded a series of recommendations: The Islamic University of Gaza need to develop its infrastructure of decision support systems when it develops the strategic management. It should increase its interest in organizational potential through the necessity of a separate unit for decision support systems. As well as increased interest in the physical and technical capabilities available to decision support systems through continuity in keeping pace with technological means and techniques, continued support of senior management in the organization of strategic management for its positive role on decision support systems, that senior management will continue in the organization in creating a culture of strategic management, and it should encourage employees to participate in the strategic management process. (shrink)

We are accustomed to thinking of space and time as particulars or individuals—even if we should hesitate to describe them as things or objects or substances. We say ‘space has three dimensions’, ‘material things occupy space’, ‘the debris has disappeared into space’ and we talk in a comparable fashion about time. Not only do we think of space and time as individuals but, in many connections at any rate, we think of them as unique individuals. When we talk about spaces (...) and times in the plural, when we say ‘fill up the spaces on the form’, ‘it could go in the space between the lamp and the door’, ‘there were peaceful times in the early years of their marriage’ we think of these multiple spaces and times as parts of the unique allencompassing space and the unique all-encompassing time. Kant believed that we could not help thinking of them in this way. We do, at any rate, in fact think like this and it is this conviction that I want to examine. (shrink)

BackgroundMoral distress has been described as an emotionally draining condition caused by being prevented from providing care according to one’s convictions. Studies have described the impact of moral distress on healthcare professionals, their situations and experiences. The Measure of Moral Distress for Healthcare Professionals (MMD-HP) is a questionnaire that measures moral distress experienced by healthcare professionals at three levels: patient, system and team. The aim of this project was to translate and make a cultural adaption of the MMD -HP to (...) the Swedish context.MethodsThe questionnaire comprises 27 items, rated according to frequency and intensity on a five-point Likert scale (0–4). The procedure for translating MMD-HP followed WHO guidelines (2020). These entailed a forward translation from English to Swedish, a back translation, expert panel validation, pretesting and cognitive face-to-face interviews with 10 healthcare professionals from various professions and healthcare contexts.ResultsThe Swedish version of MMD-HP corresponds essentially to the concept of the original version. Parts of some items’ had to be adjusted or removed in order to make the item relevant and comprehensible in a Swedish context. Overall, the cognitive interviewees recognized the content of the items which generally seemed relevant and comprehensible.ConclusionThe Swedish version of MMD-HP could be a useful tool for measuring moral distress among healthcare professionals in a Swedish healthcare context. (shrink)

The Foundations of Positive and Normative Economics: A Handbook is the first book in a new series by Andrew Caplin and Andrew Schotter. There is currently no guide available on the rapidly changing methodological frontiers of the field of economics. Economists have been introducing new theories and new sources of data at a remarkable rate in recent years, and there are widely divergent views both on how productive these expansions have been in the past, and how best to make progress (...) in the future. The speed of these changes has left economists ill at ease, and has created a backlash against new methods. The series will debate these critical issues, allowing proponents of a particular research method to present proposals in a safe yet critical context, with alternatives being clarified. This first volume, written by some of the most prominent researchers in the discipline, reflects the challenges that are opened by new research opportunities. The goal of the current volume and the series it presages, is to formally open a dialog on methodology. The editors' conviction is that such a debate will rebound to the benefit of social science in general, and economics in particular. The issues under discussion strike to the very heart of the social scientific enterprise. This work is of tremendous importance to all who are interested in the contributions that academic research can make not only to our scientific understanding, but also to matters of policy. (shrink)

A significant proportion of conservationists' work is directed towards efforts to save disappearing species. This relies upon the belief that species extinction is undesirable. When justifications are offered for this belief, they very often rest upon the assumption that extinction brought about by humans is different in kind from other forms of extinction. This paper examines this assumption and reveals that there is indeed good reason to suppose current anthropogenic extinctions to be different in kind from extinctions brought about at (...) other times or by other factors. Having considered – and rejected – quantity and rate of extinction as useful distinguishing factors, four alternative arguments are offered, each identifying a way in which anthropogenic extinction is significantly different from other forms of extinction, even mass extinction: (1) Humans are a different kind of natural cause from other causes of extinction; (2) Extinctions brought about by humans are uniquely persistent; (3) Anthropogenic extinctions are effectively random whereas past mass extinctions are rule-bound; (4) The impact of the current anthropogenic extinction event differs from the impact of other extinction events of the past, such that future recovery may not follow past patterns. Together, these four arguments suggest that the present-day extinction event brought about by humans may be unprecedented and that we cannot clearly extrapolate from past to present recovery from extinctions. Although insufficient as justification for the claim that present-day extinctions are undesirable, the arguments provide some ammunition for conservationists' conviction that species extinction – in which humans play an accelerating role – ought to be prevented. (shrink)

The Umayyad State is widely criticized in the West as well as in its own region. Actually, this is normal situation. Because Hijaz Arabs who had no state experience, built a multinational state in short period of time. Yet, this caused serious matters. The fundamental point of the criticism is the payment of tax, also called jizya, which is taken from residents (mawālī) of Khorasan and Transoxania. However, in most studies on this subject, it is understood that the jizya taken (...) from mawālī is combined jizya and kharja, which is different type of tax. Although mawālī was tested for whether it passes religious criteria in critic periods or not, this situation did not last throughout the entire Umayyad history. It was continued for fifteen and twenty years. In this period, it was understood that the jizya tax taken from the mawālī, was caused by the unlawful practices of some regional governors, most of them were non-Muslim local tax officials and all their purpose was to collect the amount of combined jizya. It cannot be said that the Umayyad caliphs officially ordered written instructions in order to take the conceptual sense from the mawālī part. But some Khorasan governors, who detected that taxes were decreasing, blinked at the collection of the jizya from the mawālī.Summary: The tax policies of a state are of great importance for the political, social, and economic stability. A regular tax system minimizes the problems that the state mechanism might face. The establishment of a fair and just tax scheme is undoubtedly possible with a deep-rooted state experience. It is known that the Umayyad state which is the subject of this research has no state experience. Furthermore, ruling to the area which is on 13 million square kilometers and reaching to Kashgar in the East and to South France in the West and governing this multinational structure who are living on these regions, put the Umayyad government in a very difficult condition. With the vast borders and the stoppage of the conquests, some political, social and economic problems were experienced and these problems deeply affected the government. The groups which had argued with Shiites and Khārijites because of some various reasons led the country into collapsing. It is also known that many plague epidemics in the region of Damascus affected the society in a negative way, changing the capital and changing some of the border cities in favor of the Eastern Roman Empire.All these negativities certainly shaken the Umayyad state economically. It is understood from the data that the instability and political uncertainties in the country led to a decrease in the tax rates. For example, the Umayyad caliph ‘Abd al-Malik İbn Marwān period, only half of the tax was collected at the time of Hazrat ‘Umar could be collected. It can be said that the public who avoided the general policies of the state avoided giving tax, in other words, the tax evasion. Also, the increasing migration from village to city and due to that, the vacancy of tribute tax collected land, failure to obtain expected yield because of rent fights on fertile lands, and conversion process in non-Muslim community are included in other reasons of reduction of taxes.In the Umayyad period, the issue of taking the jizya from the mawālī can be considered in this context. We do not have an independent work or research article on how this practice was initiated, how it was and how it was taken from mawālī, and how it was a state policy, and how long it was sustained. The studies that touch on this subject are far from being holistic. Even in the main sources it is seen that the concepts of kharāj and jizya are not fully understood and therefore used interchangeably. This may be considered normal for the first period in which the concepts are not in place. However, in the following centuries, the works that were copyrighted and, except for a few, instead of understanding and explaining this confusion, chose to use the word jizya from these two words which can be used interchangeably in texts. Therefore, this approach has led to the widespread conviction that the Umayyad state has taken jizya from the mawālī in the conceptual sense.Al-Ḥajjāj ibn Yūsuf is claimed to have started the application of taken jizya from mawālī. However, Haccac aimed to provide the regularity of both agricultural products and the kharāj which is taken from farmers because of the status of the soil by sending Sawad villagers who migrated to the big cities and became Muslims by changing their religions. The status of the lands seized was decisive in taxation. According to this, the conquest and the territorial lands were taxed differently, but in some cases the same tax (kharāj) was taken. Non-Muslims who living in the territory of conquest were demanded jizya per capita. The jizya and kharāj tax collected from this category can be expressed as “joint jizya”. Regardless of whether the person is a Muslim or not, the fact that he was demanded from him due to the status of the land was interpreted by some researchers as juristic. However, in times of political instability, it is also a fact that mawālī is demanding jury in addition to the tribute tax. The point that is misunderstood or interpreted is that this practice was carried out throughout the entire Umayyad territory and the history. When examined, this distorted tax concept is actually concentrated in the area of Transoxania. Although some attempts were made to take the jizya from the mawālī to the country, the Umayyad caliphs have not allowed it. The practice of taking the jizya from the mawālī is actually followed by the killing Qutayba ibn Muslim al-Bāhilī (d. 96/715). This started political instability in the Transoxania and continued by some Khurāsān governors. These governors act according to the provocations of the Turkish governors and tax collectors of the region in order to be able to send their taxes completely. They claimed that the region in the region was not a sincere Muslim and, they continued to take the jizya from them.It can be said that jizya is not demanded as it is taken from non-Muslims in the common meaning from mawālī. Because any Umayyad caliph wrote no written instructions regarding this issue in the sources. It is understood that until the caliphate of ‘Umar b. ‘Abd al-‘Azîz, the Umayyad caliphs were not even aware of this distorted tax policy in the area of Transoxania. To put it once again, this practice was initiated by some Khurāsān governors with the concern that tax revenues might decrease. However, it should not be forgotten that this unfair practice after 96/715 is limited to certain governors. For example, during the tenure of Naṣr b. Seyyâr, the last governor of Khurāsān (120-131 / 738-748), the jizya tax was completely removed from the mawālī. Another activity that shows this action is regional and that was ordered by some governors of Khurāsān. Therefore, this practice does not reflect the Umayyad state policy. This is also apparent in the fact that the Shiites, Kharijites, and those who carried out the Abbasid Revolution for thirty-two years, did not make an anti-Umayyad propaganda with provoking the slave by the way of wrong application. (shrink)

England and Wales have recently experienced wide-ranging rape law reform and a galloping rape reporting rate but no comparable increase in rape convictions, leading many erstwhile law reformers to turn attention to attitudes. In essence, their argument is that reform has proved relatively ineffective because a range of agents hold ‘rape myths’. Despite the broad consensus that this approach has attracted, I argue that the regressiveness of current public attitudes towards rape has been overstated. The claim that rape myths are (...) widespread may be challenged on three grounds: first, some of the attitudes are not myths; secondly, not all the myths are about rape; thirdly, there is little evidence that the rape myths are widespread. To a troubling extent, we are in the process of creating myths about myths. This process functions to close down, not open up, the possibilities of a productive public conversation about important and at times vexed questions. (shrink)

This paper propounds the following theses: 1). that the traditional focus on the Blackstone ratio of errors as a device for setting the criminal standard of proof is ill-conceived, 2). that the preoccupation with the rate of false convictions in criminal trials is myopic, and 3). that the key ratio of interest, in judging the political morality of a system of criminal justice, involves the relation between the risk that an innocent person runs of being falsely convicted of a serious (...) crime and the risk of being criminally victimized by someone who was falsely acquitted. (shrink)

The present pair of studies investigated the assessment, correlates, and evaluation of ?moral rebels? who follow their own moral convictions despite social pressure to comply. In Study 1, self, peer, and teacher ratings of adolescents' tendencies to be a moral rebel were positively intercorrelated. In Study 2, young adults' tendencies to be a moral rebel were associated with relatively high self-esteem scores and relatively low willingness to engage in minor moral violations and need to belong scores. Both adolescents and young (...) adults reported relatively favorable attitudes toward a morally rebellious peer, especially when they themselves had heightened ratings on this characteristic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Philosophical Basis of RhetoricHenry W. JohnstoneI want to begin by distinguishing between what has a philosophical basis at all and what has none. Science, history, morals, and art have a philosophical basis. Fishing, tennis, needlecraft, and carpentry do not. The criterion that determines membership in each list is simple: an activity has a philosophical basis if, and only if, the practice of it distinguishes man from the animals. (...) It must be disqualified on the ground that some animals, as well as men, fish. It might be argued, however, that there is an art of fishing requiring tools utilizable by man alone, and that the ability to fish in this way distinguishes man form the animal. To be sure, in some cultures fishing with appropriate tools is necessary. In others, carpentry is. But if we came across a culture in which fishing did not occur, we would not say, "This creature does not fish; hence he is not a man'; and the same for carpentry. It may seem that the same question arises for science and history. Not all cultures are scientific. If science is indeed, as I maintain, necessary for men, what then prevents us from visiting some primitive tribe and saying, "These creatures have no science; hence they are not men"? The answer is that the culture we have encountered is prescientific. Even though its participants have at the moment no science, science is somehow "in the cards" for them. We would not characterize the nomads of Afghanistan as being in a pre-fishing era. We would not say that fishing was in the cards for them. Of course if the desert should become a sea, they will become fishermen, and there will have been a pre-fishing era. But it is not necessary to the character or status of the nomad that he represent either a pre-fishing or a fishing, or, for that matter, a post-fishing era. It is not necessary for man, however, that he be either prescientific man or scientific man or postscientific man. I add the last rubric to accommodate not only the tragic possibility of a cataclysm that could wipe out all humans capable of maintaining the tradition of science but also the ironic possibility that man might some day simply turn away from science. In either eventuality, man would be essentially characterized as a being living in a [End Page 15] postscientific era; that is, not merely as a being bereft of science, but as a being living a life either oriented to the cataclysm that had shattered the tradition of science or else oriented to the conviction that science is a thing of the past. The non-fishing nomad, on the other hand, need not take any position at all with regard to the nature or value of fishing. The possibility of fishing need receive no mention in any characterization of him.The principle I have roughly stated and exemplified implies that if rhetoric has a philosophical basis, it is necessary to man, in the sense that all men live in either a pre-rhetorical culture, or a rhetorical culture, or a post-rhetorical culture. Each of these cultures is characterized by a disposition toward rhetoric. In the pre-rhetorical era, even though man does not engage in any form of rhetoric that we can recognize, we can see rhetorical activity as in the cards for him. Perhaps someone will object that there never has been such an era; as long as man has existed, he has engaged in rhetoric. So much the better for my argument; for then it is all the more clearly the case that rhetoric is necessary to man. But if man has gone through a pre-rhetorical phase, he is distinguished form all nonhuman creatures in this respect. No one would say of rats, cats, or cows that they are not yet engaged in rhetoric, but that once the idea occurs to them they will be. But man is either rhetorical from the outset or fated to become so once a certain idea dawns upon him—this, at any rate, is what anyone would be claiming who asserted that rhetoric has a... (shrink)

Professor Eric A. Havelock in his book The Liberal Temper in Greek Politics approaches classical political philosophy from the positivistic point of view. The doctrine to which he adheres is however a somewhat obsolete version of positivism. Positivist study of society, as he understands it, is "descriptive" and opposed to "judgmental evaluation" but this does not prevent his siding with those who understand "History as Progress." The social scientist cannot speak of progress unless value judgments can be objective. The up-to-date (...) or consistent positivist will therefore refrain from speaking of progress and instead speak of change. Similarly Havelock appears to accept the distinction between primitive men or savages and civilized men, whereas the consistent positivist will speak not of savages but of pre-literate men and assert that preliterate men have "civilizations" or "cultures" neither superior nor inferior to those of literate men. It would be wrong to believe that the up-to-date positivist is entirely consistent or that his careful avoidance of "evaluative" terms is entirely due to his methodological puritanism; his heart tells him that once one admits the inequality of "cultures," one may not be able to condemn colonialism on moral grounds. Havelock is therefore perhaps only more intelligent or more frank than the consistent positivists when he describes his position as liberal rather than as positivist. Yet this does not entirely dispose of the difficulty. "For the liberals man is to be taken as you find him and therefore his present political institutions are to be taken as given also." This means that here and now the liberals will take American democracy as given and will then "concentrate empirically and descriptively on this kind of political mechanism." This is a fair description of positivistic political science at its best. Yet Havelock praises the same liberals for writing "in defence of democracy". What then is a liberal? Was a German social scientist who in 1939 took "the present political institutions as given" and subjected them to "empirical analysis" for this reason by itself a liberal? If so then a liberal is not a man of strong moral or political convictions, and this does not seem to agree with the common meaning of the word. Yet from Havelock's Preface it appears that the liberal regards all political and moral convictions as "negotiable" because he is extremely tolerant. Havelock applies the implicit maxim of conduct to the relations between the United States and Soviet Russia today. For all one can know from his book, he would have given the same advice during the conflict between the Western democracies and the Fascist regimes at the time of the Munich conference. At any rate he does not seem to have given thought to the question of whether Tolerance can remain tolerant when confronted with unqualified Intolerance or whether one must not fall back in the end on "moral convictions" which are not "negotiable." In almost all these points Havelock is liberal in the sense in which the word is commonly used here and now. (shrink)