Este artigo reformula a Apologia de Sócrates de Platão como uma peça de oratória forense. Examinando os topoi retóricos utilizados por Platão, demonstro como Platão impele os limites do gênero forense da oratória em direção à criação de uma nova prática discursiva: a filosofia. Inicialmente, o artigo examina o conceito de “gênero” em conexão com a oratória forense. Esboçado a partir do trabalho de Mikhail Bakhtin, Tzvetan Todorov e Andrea Nightingale, o artigo estabelece uma consonância entre as concepções de gênero (...) destes eruditos e aquilo que outros eruditos definiram como “gênero” oratório forense. Assim, o artigo levanta a questão do porquê a Apologia de Platão tradicionalmente ter sido excluída deste gênero. Argumento que certas visões concernentes à presumida historicidade das falas rotuladas como “oratória forense” precisam ser reexaminadas, já que não há evidência clara de que os atenienses requeressem acurácia histórica de discursos que agora classificamos como oratória forense. Ao remover a exigência de historicidade, obtemos um quadro mais preciso do que constitui a oratória forense e porque a Apologia de Platão merece pertença neste gênero. O artigo, então, examina detalhadamente vários topoi retóricos na Apologia. Argumento que, pela manipulação e remodelação de tais topoi, Platão expande e redefine o gênero da oratória forense para incluir a nova prática discursiva da filosofia. O artigo revela como a redefinição platônica dos limites da oratória forense transformaram uma fala jurídica de defesa em um tribunal na condição sine qua non do filósofo e da vida filosófica. (shrink)

In recent years, there has been considerable debate about the reliability of Herodotus: the attack on his honesty led by Fehling, the defence by Pritchett. The debate, it seems, may have begun at least as far back as Thucydides, but now Thucydides himself may have joined the school of liars. Badian has produced a new reading of Thucydides’ description of the outbreak of the Peloponnesian War, arguing that Thucydides deliberately set out to mislead the reader, misrepresenting the Spartans as the (...) instigators of the War and carefully masking the Athenians’ own responsibility. (shrink)

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

It may not occur to a modern reader of the Poetics to think that Aristotle is drawing contrasts between poetry and oratory. But there is one aspect of tragedy which must have forced him to think of a contrast with oratory, especially forensic oratory, even though he seems to make no special effort to draw it to the reader's attention. This is the matter of characterization. He does not believe that it is the purpose of tragedy (...) to illustrate character; he says that action, not ethical quality, is the of tragedy, that action and plot are what matter most and that action is not subordinate to character-representation. (shrink)

It may not occur to a modern reader of the Poetics to think that Aristotle is drawing contrasts between poetry and oratory. But there is one aspect of tragedy which must have forced him to think of a contrast with oratory, especially forensic oratory, even though he seems to make no special effort to draw it to the reader's attention. This is the matter of characterization. He does not believe that it is the purpose of tragedy (...) to illustrate character; he says that action, not ethical quality, is the of tragedy, that action and plot are what matter most and that action is not subordinate to character-representation. (shrink)

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

The "Notes of Dr. Smith's Rhetorick Lectures," discovered in 1958 by a University of Aberdeen professor, consists of lecture notes taken by two of Smith's students at the University of Glasgow in 1762-1763. There are thirty lectures in the collection, all on rhetoric and the different kinds or characteristics of style. The book is divided into "an examination of the several ways of communicating our thoughts by speech" and "an attention to the principles of those literary compositions which contribute to (...) persuasion or entertainment." The species of communication discussed include descriptive and narrative (or historical) composition, poetry, demonstrative oratory, panegyric, didactic or scientific language, deliberative oratory, and judicial or forensic oratory. The subjects addressed in his teachings include the style and genius of some of the best of the ancient writers and poets, especially the historians and the English classics. (shrink)

The early handbooks of rhetoric compiled by Tisias and Corax and their successors seem to have been directed entirely at successful speaking in courts of law. This was the art that Strepsiades set out to learn in the Philosopher's Thinking-shop; this, Isocrates complains, was the only object of technical writers on rhetoric before his time; and Aristotle, when he wrote the chapter that stands first in hisRhetoric, made just the same complaint: τς ατς oσμς μεθδoυ περι τ δημηγoρικτ και δικανικ (...) και καλλιoνoς και πoλιτικωτραςτς δημηγoρικς πραγματειας oςηρ oσης τς περι τ ςυναλλγματα, πει μν κεινης oδν λγoυγι, περι δικξεσθαι πντες πειρνται τεχνoλoγειν. The art as the Sophists practised it was by no means so limited in its application: many of them were accustomed to playing the parts of statesmen and diplomats as well as of educators; and the most notorious field for their powers of oratory was of course the lecture or πιδειξις. But the systems of rhetoric that they devised and taught did not cover their own practice; and forensic oratory, as well as seeming the most commonly necessary kind at that time, was also, it must be said, the easiest to reduce to rule. Gorgias, it is true, professed to teach a rhetoric of more extended application, by means of which his pupils would be able to produce conviction in any public assembly;* but we must conclude that this wider field was at least very imperfectly treated in all the technical systems of the time. Plato shortly describes the position thus:μλιστα μν πως περι τς δικας λγεται τε και γρφεται τχν, λγεται δ και περι δημηγoριας π ι πλo≠ δ oκκoα. (shrink)

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

The emotions have long been an interest for those studying ancient Greece and Rome. But while the last few decades have produced excellent studies of individual emotions and the different approaches to them by the major philosophical schools, the focus has been almost entirely on negative emotions. This might give the impression that the Greeks and Romans had little to say about positive emotion, something that would be misguided. As the chapters in this collection indicate, there are representations of positive (...) emotions extending from archaic Greek poetry to Augustine, and in both philosophical works and literary genres as wide-ranging as lyric poetry, forensic oratory, comedy, didactic poetry, and the novel. Nor is the evidence uniform: while many of the literary representations give expression to positive emotion but also describe its loss, the philosophers offer a more optimistic assessment of the possibilities of attaining joy or contentment in this life.The positive emotions show some of the same features that all emotions do. But unlike the negative emotions, which we are able to describe and analyze in great detail because of our preoccupation with them, positive emotions tend to be harder to articulate. Hence the interest of the present study, which considers how positive emotions are described, their relationship to other emotions, the ways in which they are provoked or upset by circumstances, how they complicate and enrich our relationships with other people, and which kinds of positive emotion we should seek to integrate. The ancient works have a great deal to say about all of these topics, and for that reason deserve more study, both for our understanding of antiquity and for our understanding of the positive emotions in general. (shrink)

Why would Sir Thomas More write a letter to Alice Alington under the name of Margaret More Roper? To answer that question, this essay examines the political and familial circumstances of the letter's composition, its artfully concealed design of forensic oratory, and use of indirect argument. A careful analysis of the letter's rhetorical strategy will reveal further that More crafted his defense of conscience with allusion to the question of counsel from Utopia, whether or not a philosopher should (...) enter into a king's service. In the Alington letter, from More's position as an imprisoned, former Chancellor of England, he revised civic humanism's call for political engagement into a powerful statement of defiance against King Henry VIII. (shrink)

This article argues that in Pindar's epinicians first-person statements may occasionally be made in the persona of the chorus and the athletic victor. The speaking persona behind Pindar's first-person statements varies quite widely: from generic, rhetorical poses—a laudator, an aoidos in the rhapsodic tradition (the “bardic first person”), an Everyman (the “first person indefinite”)—to strongly individualized figures: the Theban poet Pindar, the chorus, the victor. The arguable changes in the speaker's persona are not explicitly signalled in the text. This can (...) lead to significant ambiguities concerning the identity of the speaker (“blurred quotation,” “indeterminate speech boundaries”). The lack of a concern always to distinguish clearly the primary from the secondary narrators relates to a desire to confuse diegetic and mimetic forms; the practice of the fifth-century choral lyric poets in this regard is compared to that of other ancient Greek writers. The main challenge is to indicate how it is possible, in theory and in practice, for the athletic victor to be identified as the speaker when this is not explicitly signalled in the text; and, if this is possible, to suggest how it is possible for an audience to recognize when the speaking persona subsequently reverts to laudator or poet. An attempt is made to consider whether any formal, structural, or thematic tendencies can be observed in those passages in choral lyric where the chorus or the victor are tacitly introduced as speaking personae: such effects, it is argued, occur especially when links of ritual or genealogy enable the ode to “zoom” from the mythical past to the present occasion of the performance. The main passages discussed in the article are Pind. P.8.56–60, P.9.89–92, N.7.85, Pae. 2.73–79, and Bacch. 3.84–85. But the phenomena discussed are related broadly to other phenomena in Greek literature, in Latin poetry, and, especially, in Cicero's forensic oratory. (shrink)

The aim of this article is both to make a contribution towards a fuller understanding of the use of the perfect in Classical Greek, and to show how this understanding can yield new insights into how a speaker uses language to adapt his presentation of past events to his present rhetorical concerns. First, the semantic value of the perfect and its different basic uses are described. Second, four principles that help accounting for the variation between the perfect and aorist are (...) outlined. Third, a number of typical uses of the perfect in Attic forensic oratory are distinguished. Finally, a textual analysis of De Corona 57-60, 79-121 is given in order to show how Demosthenes uses the perfect to accomplish his rhetorical ends. (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 39.4 (2006) 333-339MuseSearchJournalsThis JournalContents[Access article in PDF]On Persuasion, Identification, and Dialectical SymmetryKenneth BurkeEdited with introduction by James ZappenNote: This untitled paper was found in two typed copies among the books and papers in Kenneth Burke's personal library in July 2006—one copy folded into a heavily used Loeb edition of Aristotle's Rhetoric, the other in a small file cabinet in the library.1 The two copies are nearly (...) identical carbon copies, probably typed by Burke's wife Libby; the original has not been found.2 The paper includes brief discussions of persuasion, identification, and dialectical symmetry (hence the current title), plus brief critiques of behaviorism and general semantics, with specific reference to Alfred Korzybski's notion of the structural differential. It was probably written in the mid-1940s, after the second edition of Korzybski's Science and Sanity and The Philosophy of Literary Form, both published in 1941; perhaps at roughly the same time as the more extended discussions of behaviorism and Korzybski in A Grammar of Motives, published in 1945; and before the full development of Burke's ideas about persuasion, identification, and dialectical symmetry in A Rhetoric of Motives, published in 1950. The paper might have been prepared for a public lecture or for circulation among Burke's literary friends, as a brief commentary on some of the key concepts in A Rhetoric of Motives, while he was completing A Grammar of Motives or perhaps shortly following its publication. If so, then it might have been written as late as 1947.3This paper suggests that Burke's concept of identification was in part a creative response to current issues in behaviorism and general semantics, formulated in sympathy with George Herbert Mead's observations on identification, communication, and community in Mind, Self, and Society and The Philosophy of the Act and in opposition to Korzybski's general semantics and his structural differential. Moreover, and more important, this paper suggests that the final section of A Rhetoric of Motives, titled simply "Order," is essential to a complete understanding of Burke's ideas about persuasion and identification since only in this last section does Burke show how competing points of view [End Page 333] might be reconciled in an ultimate identification via the dialectical symmetry that he traces through the long history of Platonic thought.4James P. Zappen Department of Language, Literature, and Communication Rensselaer Polytechnic Institute* * *What, in sum, would be the salient traits of Aristotle's Rhetoric?5 And what would be our attitude towards them?His "art" is constructed about his stress upon persuasion as the purpose of rhetoric. Hence he surveys the resources of rhetoric, to the end that one might use the best means available for a given situation. To narrow down the choice of means, he makes a division into kinds of oratory: deliberative (concerned with the expediency of steps still to be taken); forensic (concerned with the justice or injustice of past acts); and demonstrative or epideictic (concerned with praise and blame, primarily involving the present). But to be effective in any of these kinds, one must appeal to the opinions of one's audience—hence the lists of "topics" reviewing such opinions. First he considers the components of happiness, on the grounds that all men aim at happiness, hence this topic figures in all persuasion and dissuasion. For deliberative oratory specifically, he lists the topics naming men's opinions as to the good, the expedient, and their opposites (along with relevant observations on different forms of government). His topics for epideictic, dealing with praise and blame, comprise the things men consider virtuous and vicious. And his list of forensic topics has to do with the motives and effects of just and unjust acts. Also, there are such general topics as the possible and impossible, the more and the less, the likely and the unlikely.Enthymemes (deductions based on opinion) fit well with forensic, he says. Rhetorical induction (example) best suits the deliberative. And to epideictic, amplification (auxesis... (shrink)

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

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

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

Speakers address audiences in the earliest Greek literature, but oratory became a distinct genre in the late fifth century and reached its maturity in the fourth. This book traces the development of its techniques by examining the contribution made by each orator. Dr Usher makes the speeches come alive for the reader through an in-depth analysis of the problems of composition and the likely responses of contemporary audiences. His study differs from previous books in its recognition of the richness (...) of the early tradition which made innovation difficult; however, the orators are revealed as men of remarkable talent, versatility, and resource. Antiphon's pioneering role, Lysias' achievement of balance between the parts of the speech, the establishment of oratory as a medium of political thought by Demosthenes and Isocrates, and the individual characteristics of other orators - Andocides, Isaeus, Lycurgus, Hyperides, Dinarchus and Apollodorus - together make a fascinating study in evolution; while the illustrative texts of the orators include some of the liveliest and most moving passages in Greek literature. (shrink)

Speakers address audiences in the earliest Greek literature, but oratory became a distinct genre in the late fifth century and reached its maturity in the fourth. This book traces the development of its techniques by examining the contribution made by each orator. Dr Usher makes the speeches come alive for the reader through an in-depth analysis of the problems of composition and the likely responses of contemporary audiences. His study differs from previous books in its recognition of the richness (...) of the early tradition which made innovation difficult, however, the orators are revealed as men of remarkable talent, versatility, and resource. Antiphon's pioneering role, Lysias' achievement of balance between the parts of the speech, the establishment of oratory as a medium of political thought by Demosthenes and Isocrates, and the individual characteristics of other orators - Andocides, Isaeus, Lycurgus, Hyperides, Dinarchus and Apollodorus - together make a fascinating study in evolution; while the illustrative texts of the orators include some of the liveliest and most moving passages in Greek literature. (shrink)

This paper analyses ethical issues in forensic psychiatric research on mentally disordered offenders, especially those detained in the psychiatric treatment system. The idea of a 'dual role' dilemma afflicting forensic psychiatry is more complicated than acknowledged. Our suggestion acknowledges the good of criminal law and crime prevention as a part that should be balanced against familiar research ethical considerations. Research aiming at improvements of criminal justice and treatment is a societal priority, and the total benefit of studies has (...) to be balanced against the risks for research subjects inferred by almost all systematic studies. Direct substantial risks must be balanced by health benefits, and normal informed consent requirements apply. When direct risks are slight, as in register-based epidemiology, lack of consent may be counter-balanced by special measures to protect integrity and the general benefit of better understanding of susceptibility, treatment and prevention. Special requirements on consent procedures in the forensic psychiatric context are suggested, and the issue of the relation between decision competence and legal accountability is found to be in need of further study. The major ethical hazard in forensic psychiatric research connects to the role of researchers as assessors and consultants in a society entertaining strong prejudices against mentally disordered offenders. (shrink)

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

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

The forensic psychiatrist’s task is often considered to be tightly connected to the concept of free will. Yet, there is also a lack of clarity about the role of the concept of free will in forensic psychiatry. Recently, Morse has argued that forensic psychiatrists should not mention free will in their reports or testimonies, and, moreover, that they should not even think about free will. Starting from a discussion on Morse’s claims, I will develop my own view (...) on how forensic psychiatrists are confronted with the issue of free will and how they should deal with this concept and the confusion surrounding it. I conclude that psychiatrists should at least feel free to think about free will and that the conceptual challenges connected to the issues of free will and accountability could rather encourage than deter forensic psychiatrists to think about them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 65.2 (2004) 191-211 [Access article in PDF] Oratory and Rhetoric in Renaissance Medicine Nancy G. Siraisi Hunter College In Renaissance medical practice rhetoric had an ambiguous reputation. Many authors warned physicians against use of persuasion or repeated some version of the truism that patients are cured not by eloquence but by medicines. On the other hand, physicians were also reminded that by (...) speaking well they helped patients to have confidence in their advice and to understand directions, which in turn facilitated cure.1 Yet some aspects of medical culture of the period between 1450 and 1600 seem profoundly attentive to rhetoric, at least as regards the use of language, performative elements, and the influence of these features in ancient models (most notably Galen himself).2 One area in which rhetoric had an unambiguous, acknowledged, and essential place was in the medical orations pronounced at university ceremonies. A sample follows: Pursuit of all these different things by study, investigation of obscurities with ingenuity, conquest of difficulties with industry, and—after penetrating into the very fibers of the earth and searching everywhere into the arcana of the whole of nature and from all herbs, fruits, trees, animals, gems, and even poisons—inquiry after remedies and the proper way to use them for all the ills of human life from so many authors, so many disciplines, and even from the very stars: these things, I say, [End Page 191] have uncovered so many hidden cures, been attained with such arduous powers of the mind, completed with so much effort of memory, offer so many things necessary for the health of the entire human race in common, that does not indeed [the entire enterprise of medicine] seem to have been superhuman and really in a certain way divine?3This nicely exuberant example of Renaissance medical rhetoric exemplifies the genre in several respects. The oration to which it belongs was originally delivered to an academic faculty of medicine by a physician; it shows the impact in medical settings of the revival of epideictic rhetoric, and its author drew on learned sources and commonplaces about medicine that belonged to a store of broadly humanistic erudition, shared both in and outside the medical profession. In fact the only truly distinctive feature of this passage is its author. It comes from Erasmus's Encomium medicinae, which he wrote in 1499 for a friend—a physician named Gysbertus—to deliver to the medical faculty of the University of Paris.4If Gysbertus was exceptionally fortunate in his ghost, many other surviving medical orations are internal products of medical faculties, the work of university masters or students of medicine. But whoever their authors, orations delivered in or written for an academic medical setting offer some telling illustrations both of the way in which certain kinds of humanistic interests and requirements came to penetrate medical learning and of the reaction of humanistic rhetoric to medicine. "Medical humanism" is usually understood to encompass both the core enterprise of intensive philological study, editing, and translation of Greek medical texts—never the occupation of more than a handful of hellenist scholars—and also the reception and scientific influence of the fruits of their labors among a wider medical audience. But Renaissance medicine was also a humanistic discipline in a much broader and more inclusive sense; that is, it both fostered and provided ample scope for the development among learned physicians of interests characteristic of humanistic culture in general: rhetoric, history, biography, fascination with remote peoples and places, and antiquarianism. At the same time, as the passage from Erasmus quoted [End Page 192] above demonstrates, humanists outside the medical profession interested themselves in medicine and controlled a stock of rhetorical commonplaces on the subject. To be sure, the penetration of terminology and concepts from medicine into the general culture long antedated the Renaissance.5 But the revival of rhetoric together with attention to ancient sources and commonplaces provided humanist observers with new tools for commenting, sometimes in quite specific and detailed terms, on the contemporary medical scene, a phenomenon... (shrink)

This collection of fourteen essays explores the pervasive influence and dynamic character of oratory during the Hellenistic period and survey its different manifestations in diverse literary genres and socio-political contexts, especially the dialogue between the Greek oratorical tradition and the developing oratorical practices at Rome.

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

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

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

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

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

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

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

The central topic of this paper is a mobile phone application, ‘InformaCam’, which turns metadata from a surveillance risk into a method for the production of public proof. InformaCam allows one to manage and delete metadata from images and videos in order to diminish surveillance risks related to online tracking. Furthermore, it structures and stores the metadata in such a way that the documentary material becomes better accommodated to evidentiary settings, if needed. In this paper I propose InformaCam should be (...) interpreted as a ‘forensic device’. By using the conceptualization of forensics and work on socio-technical devices the paper discusses how InformaCam, through a range of interventions, rearranges metadata into a technology of evidence. InformaCam explicitly recognizes mobile phones as context aware, uses their sensors, and structures metadata in order to facilitate data analysis after images are captured. Through these modifications it invents a form of ‘sensory data forensics'. By treating data in this particular way, surveillance resistance does more than seeking awareness. It becomes engaged with investigatory practices. Considering the extent by which states conduct metadata surveillance, the project can be seen as a timely response to the unequal distribution of power over data. (shrink)

The political and financial investments in the implementation of forensic DNA databases and the ethical issues related to their use and expansion justify inquiries into their performance and general utility. The main function of a forensic DNA database is to produce matches between individuals and crime scene stains, which requires a constant input of individual profiles and crime scene stains. This is conditioned, among other factors, by the legislation, namely the criteria for inclusion of profiles and the periods (...) of time and conditions for their retention and/or deletion. This article aims to provide an overview of the different legislative models for DNA databasing in Europe and ponder if wider inclusion criteria – and, consequently, database size – translates into more matches between profiles of crime scene stains and included individuals. The legislation governing forensic DNA databases in 22 countries in the European Union was analysed in order to propose a typology of two major groups of legislative criteria for inclusion/retention of profiles that can be classified as having either expansive effects or restrictive effects. We argue that expansive criteria for inclusion and retention of profiles do not necessarily translate into significant gains in output performance. (shrink)

Managing aggression in mental health hospitals is an important and challenging task for clinical nursing staff. A majority of studies focus on the perspective of clinicians, and research mainly depicts aggression by referring to patient-related factors. This qualitative study investigates how aggression is communicated in forensic mental health nursing records. The aim of the study was to gain insight into the discursive practices used by forensic mental health nursing staff when they record observed aggressive incidents. Textual accounts were (...) extracted from the Staff Observation Aggression Scale-Revised (SOAS-R), and Fairclough’s Critical Discourse Analysis was used to identify short narrative entries depicting patients and staffs in typical ways. The narratives contained descriptions of complex interactions between patient and staff that were linked to specific circumstances surrounding the patient. These antecedents, combined with the aggression incident itself, created stereotyping representations of forensic psychiatric patients as deviant, unpredictable and dangerous. Patient and staff identities were continually (re)produced by an automatic response from the staff that was solely focused on the patient’s behavior. Such response might impede implementation of new strategies for managing aggression. (shrink)

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

Humanism in forensic psychiatry: the use of the tidal nursing model The humanist school of thought, which finds resonance in many conceptual models and theories designed to guide nursing practice, needs to be understood in the context of the total institution, where the individual is subjected to a mortification of the self, and denied autonomy. This article will engage in a critical reflection on how humanism has influenced nursing theorists and the subsequent production of conceptual models and theories, especially (...) as they relate to the field of forensic psychiatric nursing. Although humanism provides optimism for nurse–patient relations, this article explores the incapability of such a philosophy to acknowledge the power relationships between individuals and its inability to explain the day‐to‐day realities experienced in forensic nursing, where the possibility of interpersonal violence reshapes nursing care. The tidal model will be discussed in detail as an example of a recently developed humanistic nursing model. Viewed from this perspective, it is clear that humanistic philosophy and its subsequent models of care are in discordance with the highly specialized field of forensic nursing. (shrink)