Despite the fundamentally binary character of justification , an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the conduct-guiding (...) function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

Despite the fundamentally binary character of justification, an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of “partial justification” in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the (...) conduct-guiding function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

Drawing on the critical theories of Jean Baudrillard, Cinema of Simulation performs close readings of key films to examine cinematic visions of mutational reality.

Since the very week of September 11, 2001, commentators have remarked on the apparent clairvoyance evidenced in the novelsof the American writer Don DeLillo. DeLillo’s novels have always represented the Twin Towers as gargantuan symbols of latent catastrophe. The towers have been significant to DeLillo as a particularly gargantuan representation of the manner in which modern mass-consciousness expresses itself in the form of material technologies. Throughout his career, DeLillo has described the World Trade Center not only as a physical structure, (...) but as a kind of schematic of the future of the culture that created it. In the lines and angles of the towers, DeLillo seems to discern the “lines of intentionality” inherent in the culture of advanced technology itself, and traces them out to the conclusions toward which they seem to lead. In this paper, I will examine the manner in which DeLillo has “read” the World Trade Center as an architectural confession of a distinctly American wish to negate the human scale, to make the world over as an artificial environment, and to look forward to the surpassing of bodily and social existence. In four novels written before 9/11, DeLillo crafts an image of the World Trade Center as a sculptural representation of America’s own will to self-destruction and in his most recent novel, Falling Man, DeLillo illustrates the kind of existence that lies on the other side of this self-destruction. (shrink)

Introduction -- The idea of the university -- The aims of the university, or Humboldt then and Humboldt now -- Principles for undergraduate curricula -- Rhetoric, arguments, episteme metis and phronesis -- Some thoughts for curricula in the natural, social and human sciences and the establishment of new disciplines -- Research, teaching, publications, admission, assessment -- Democracy, higher education and the philosophy of education -- Doctoral education -- The university at the dawn of the digital age: realizing technology's transformative potential.

The ArgumentWhen we actually perform an experiment, we do many different things simultaneously – some belonging to the realm of theory, some to the realms of methodology and technique; however, a great deal of what happens is expressible in terms of socially determined images of knowledge or in terms of concepts of reflectivity – second-order concepts – namely thoughts about thoughts.The emergence of experiment as a second-order concept in late antiquity exemplifies the historical development of second-order concepts; it is shown (...) to be rooted in the Sophists' cunning reason and is followed up in the work of Ptolemy, Copernicus and Galileo.Then, by way of epistemological explication, the three levels of representation of an experiment are shown to be analogous to Baxandall's three levels of representation of a picture.Finally it is shown that such an interpretation only makes sense in terms of two-tier thinking: realism, inside a conceptual framework which is chosen or arrived at, relativistically. (shrink)

In this introductory statement, given at the beginning of the Aboagora symposium in Turku in August 2011, Yehuda Elkana highlights the need, in accordance with the title of the conference, to rethink rather than unthink the Enlightenment. Indeed, the Enlightenment remained an unfinished project, but one should never forget that this era formed the basis for the greatest and most important creation of knowledge in all areas for 300 years. Over the last 100 or more years, however, cracks have (...) started to appear in this edifice, Elkana argues: researchers have started to realise that one cannot really distinguish the rational from the irrational and that being contextual does not necessarily mean being relativist. (shrink)

I would like to argue that to a large extent universities are themselves to blame for their failure to respond adequately to external pressures of the day. Barring the work of a few exceptional departments and individuals here and there, universities are incapable of addressing precisely those problems that most preoccupy our societies nowadays. Granted, universities rightly regard themselves as playing a key role in preserving intellectual, academic and cultural traditions. This, however, should not be taken to be an acceptable (...) excuse for not dealing with fundamental social injustices and discrepancies - problems often deemed to lie outside the scope of a university's legitimate interests. Since universities are by far the most important institutions in any modern society entrusted with the task of creating knowledge , they should also strive to apply the knowledge created there to major social issues at any given time. This paper substantiates this thesis through some examples, and discusses its bearing on the future of the university curriculum. (shrink)

I would like to argue that to a large extent universities are themselves to blame for their failure to respond adequately to external pressures of the day. Barring the work of a few exceptional departments and individuals here and there, universities are incapable of addressing precisely those problems that most preoccupy our societies nowadays. Granted, universities rightly regard themselves as playing a key role in preserving intellectual, academic and cultural traditions. This, however, should not be taken to be an acceptable (...) excuse for not dealing with fundamental social injustices and discrepancies - problems often deemed to lie outside the scope of a university's legitimate interests. Since universities are by far the most important institutions in any modern society entrusted with the task of creating knowledge, they should also strive to apply the knowledge created there to major social issues at any given time. This paper substantiates this thesis through some examples, and discusses its bearing on the future of the university curriculum. (shrink)

We mourn the loss of Yehuda Elkana, founding editor of this journal. Setting science in context was a mission of his life. For him this did not mean to relativize and historicize science to the point where it is no longer distinguishable as central to the human quest for knowledge. Rather, an understanding of science as being rooted in social, material, and cultural contexts was for him the key to its central role for solving the problems of humanity with (...) which he was so deeply concerned. (shrink)