This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison (...) three years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

Transhumance is a form of extensive livestock production that involves seasonal movements among ecological zones or landscape types. Rangeland-based transhumance constitutes an important social and economic relationship to nature in many regions of the world, including across the Western US. However, social and ecological drivers of change are reshaping transhumant practices, and managers must adapt to increased demands for public rangeland use. Specifically, concerns for wildlife conservation have led to reduced access to seasonal public lands grazing for western US livestock (...) producers. To understand how managers adapt to loss of grazing areas (called “seasonal ranges”) we create agroecological calendars from manager records spanning 35 years (1986–2021) at the US Sheep Experiment Station in Idaho and Montana, US. The calendars illustrate how a loss of winter and summer ranges after 2013 coincided with shifts in the operation’s adaptive strategies, leading to more grazing of fall crop residue and purchased winter feed, and reducing flexibility to move livestock to cope with variable forage conditions. These changes shifted the job duties and experiences of farm workers and managers, and raised several new questions related to sheep production and vegetation management outcomes that merit future research. Transhumant system transformation has implications for human relationships with nature, rural communities, sheep genetics, production, and vegetation communities. For livestock operations that rely on government-managed lands to sustain transhumant traditions, innovative forms of collaboration and social adaptation that help secure access to seasonal ranges will be as important as technological innovations to address biodiversity conservation, climate change adaptation, and food system sustainability issues that are reshaping access to grazing lands. (shrink)

L'idée centrale est simple : l'éducation est la voie incontournable pour réaliser le type d'homme équilibré qu'une société se donne comme idéal. Ce fil directeur que Iba fall tient fermement tout au long de ce plaidoyer pour un monde davantage ancré dans les valeurs humanistes, explore différents aspects d'une crise à la fois d'identité et de civilisation. Il y a crise, selon le jeune professeur de philosophie, parce qu'il y a rencontre, choc et parfois contradiction entre deux modèles d'éducation. Celui (...) qui est porté par la mondialisation a des tendances dissolvantes pour celui engendré jadis par l'éducation traditionnelle africaine. D'où le sens du titre : " Crise de la socialisation au Sénégal ". S'agit-il d'un procès de la mondialisation? En un certain sens, oui cela en est un. Toutefois l'argumentaire donne à voir une lecture moins négative de ce changement d'échelle qui tend à affecter toute chose. Ce dont il est question, c'est la mise à l'épreuve des valeurs traditionnelles de l'éducation dans le contexte d'une mondialisation en cours. Très exactement, ce qui est en cause, c'est la volonté d'exportation ou de transfert des tendances chosifiantes de la globalisation économique et matérielle dans un domaine dont le propre est d'être immatériel et de se nourrir de valeurs qui se donnent l'homme comme fin et non comme moyen. Abdoulaye Elimane Kane. (shrink)

À partir d’une approche anthropologique des prises en charge médicales de la tuberculose et du paludisme, ainsi que des conceptions et usages de la prévention dans des milieux urbains d’Afrique de l’Ouest , ce texte interroge la nature du métier de soignant. Après nous être penchés sur les spécificités de ce type d’étude anthropologique en milieu médical, nous nous attachons à décrypter les processus d’occultations des singularités du malade qui caractérisent les messages et discours de prévention. Dans les structures de (...) santé, sont étudiées les négociations des normes de diagnostic et de traitement à l’œuvre ; les attitudes des soignants qui oscillent entre sur- et sous-estimations des risques sanitaires ; et le hiatus entre la demande et les besoins réels de formations continues. Enfin, nous nous penchons sur la rencontre entre les soignants et les malades qui peut se trouver transformée par les spécificités de la maladie et de son traitement. On constate alors que les fondements de la professionnalisation tendent à disparaître au profit d’un mode de régulation du rapport au malade, au collègue et plus largement au savoir médical qui témoigne de l’émergence d’une culture soignante qui est, de fait, une culture organisationnelle. Elle se caractérise à la fois par la délégation des tâches à des non-professionnels, la production et la résolution des conflits mettant en évidence des réseaux clientélistes ainsi que par une routinisation des gestes.Drawing on an anthropological approach of tuberculosis and malaria care in West African cities , and on an analysis of prevention modes, this paper examines the characteristics of medical work. We first examined the conditions of an anthropological field study in health care centres. The concealment of both patients’ singularities and populations’ specificities targeted in the prevention messages were then studied. The negotiation of diagnosis and treatment standards, and the under- and over-estimations of nosocomial risks were also analysed. We also focused on the gap between demands and actual needs for training, and on the relationships between health care providers and patients, which can be modified by the specificities of the disease. We noticed a decay of professionalization, a kind of regulation of relationships between health care workers and patients, and among medical staff, which expresses an emerging medical culture, which is also an organizational culture. Its main features are the delegation of tasks to non-professionals workers, a strategy of conflict management based on clientelism, and the development of routine action. (shrink)

Like any other part of the world, Africa is not immune to the intermingling of cultures and civilizations, heritages and horizons, the endogenous and the exogenous, knowledge and imagery. The effects of new communication and information technologies, which still remain the privilege of a minority of political and intellectual elites, cannot conceal the far more profound transformations and reconfigurations that characterize its societies and cultures.

Composition as Identity is, roughly, the thesis that the parts of a whole, taken collectively, are in some sense identical with the whole. Einar Duenger Bohn argues for Universalism from CAI. Universalism says that composition is totally unrestricted: wherever two or more objects occur, an instance of composition occurs, however unnatural or gerrymandered. Bohn’s argument relies on inferences with generic quantifiers, but he does not provide a clear account of generic quantification. My argument is that on the most plausible approach (...) to thinking about such inferences, the argument fails. (shrink)

Si les voies du droit sont complexes, ses objets divers et ses champs multiples, il est par essence "en commerce" avec d'autres disciplines des sciences sociales et humaines, qui interfèrent dans son élaboration et affectent son contenu comme la portée de sa fonction normative. Au carrefour des régimes politiques, des systèmes juridiques et des sociétés en mutation, il a dû, au fil du temps, diversifier ses instruments pour répondre à des problématiques écartelées entre nationalismes et mondialisation. Ces rencontres et croisements (...) interpellent les juristes de tous horizons autant que les chercheurs de toutes disciplines. Des droits africains au droit français, du droit de l'urbanisme au droit et à la sociologie de l'environnement comme du tourisme, des droit constitutionnel et international aux droits de l'Homme, ce recueil présente des études et des témoignages rassemblés en l'honneur du Professeur Jean-Marie Breton, dont le parcours, un demi-siècle durant, l'a conduit à explorer, dans divers universités et continents, les itinéraires du droit dans sa quête de connaissance des terres des hommes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Empty Words: Buddhist Philosophy and Cross-Cultural InterpretationEdward R. FallsEmpty Words: Buddhist Philosophy and Cross-Cultural Interpretation. By Jay L. Garfield. Oxford and New York: Oxford University Press, 2002. 306 + xi pp.Jay L. Garfield's Empty Words is a collection of (mostly) previously published essays bearing on the interpretation of Buddhist thought. Emphasizing the Indo-Tibetan tradition while indebted to Euro-American philosophy, Empty Words belongs in a class with books such (...) as Tom Tillemans's Scripture, Logic and Language: Essays on Dharmakīrti and His Tibetan Successors (1999) and Matthew Kapstein's Reason's Traces: Identity and Interpretation in Indian and Tibetan Buddhist Thought (2001). Below is a précis of Empty Words, followed by remarks on some points that especially caught this reviewer's interest.The essays in Empty Words are gathered into three sections according to subject matter: (1) Madhyamaka, (2) Yogācāra, and (3) Ethics and Hermeneutics. There are five essays in section 1, clustered around three themes: Nāgārjuna's theory of causality (ch. 2, 4), parallels between Madhyamaka and the European skeptical tradition (ch. 1), and paradox in Madhyamaka (ch. 3, 5).Section 2 begins with an essay interpreting Vasubandhu on the three natures and three naturelessnesses, arguing that "Vasubandhu subordinates the naturelessnesses [End Page 196] to the natures pedagogically and describes them as characteristics of, but not (with the exception of the third) identical to the three natures" (p. 121). As for the other three essays in section 2, chapter 7 consists of a translation of and commentary on Vasubandhu's Trisvabhāvanirdes´a, chapter 8 presents an interesting experiment in cross-cultural interpretation in which the history of European idealism is viewed through a Buddhist idealist lens, and chapter 9 (one of the two previously unpublished essays in Empty Words—ch. 14 is the other) attempts to bring together Garfield's views on the limits of expressibility in Madhyamaka and his interpretation of the three natures in Yogācāra.Section 3 includes three essays concerning issues in ethics or political philosophy and two essays discussing the hermeneutical issues involved when Euro-American and Tibetan philosophers attempt to understand each other's traditions. The topics of the former essays are as follows. Is the Dalai Lama's advocacy of human rights (which are grounded in liberal moral theory) compatible with Buddhist ethics, which emphasizes a compassion-based morality (ch. 10)? Are Buddhist values and democracy incompatible (ch. 11)? How does Samdhong Rinpoche's approach to nonviolence relate to Gandhi's (ch. 12)? In the final two essays of the book, Garfield advocates a strategy of cross-cultural interpretation which would avoid the pitfall of orientalism, drawing heavily on Gadamerian-Heideggerian hermeneutics.The remarks that follow bear exclusively on points from essays in section 1 on Madhyamaka. In chapter 4, Garfield critiques the claim, attributed to Dharmakīrti (by rGyal tshab in his commentary on the pramānasiddhi chapter of Pramānavarttika) that belief in rebirth is necessary for the cultivation of bodhicitta. Garfield argues that if this claim is correct, then the "I" in the bodhisattva vow is doing real metaphysical work, functioning as the basis for a real causal relation, contra Nāgārjuna's analysis of causality (which is supposed to involve the rejection of real causal powers). Otherwise, a simpler account of bodhicitta would suffice, in which striving for personal enlightenment could be replaced by striving for someone's attaining enlightenment some time in the future. On this account, practitioners would resolve to contribute to the accumulation of causes of someone's eventually attaining enlightenment, where this accumulation of causes turns out to be something like "universal moral improvement."But what if practitioners just do not know how to bring about universal moral improvement? Garfield acknowledges that buddhas sometimes act counter to the "moral" good, and this suggests an important cognitive difference between buddhas and ordinary beings: ordinary beings can only (fallibly) infer what the best thing to do is, whereas buddhas simply know. Hence, the importance, from a practitioner's standpoint, of the Buddha's teaching, which is a path of personal attainment (and who knows whether it is incidentally a... (shrink)

In Discovering Alabama Forests, ecologist-educator Doug Phillips and photographer Robert Falls celebrate the current health and diversity of Alabama woodlands while sounding a call for their wise management and protection in the future.

This research investigates the influence that consumers’ perceptions of retail business ethics have on their responses when retailers either create social discount spaces or do not. Using scenarios to imply these social practices and structural equation modeling to test the hypotheses among a sample of 689 respondents, the authors find that consumers’ perceptions of retail business ethics have positive effects on consumer loyalty, both directly and through consumer trust, as well as positive, strong influences on the retailer’s corporate social responsibility (...) and corporate reputation. Furthermore, consumers’ perceptions of retail business ethics exert a stronger effect on consumer trust in integrated social discount spaces, though social discount practices do not affect the link between such perceptions and loyalty. Compared with when the retailer does not offer discount space, collaborative and integrated social discount spaces have weaker effects on trust and loyalty to the retailer. These findings have several notable theoretical and practical implications. (shrink)

Sustainable luxury is a strategic issue for managers and for society, yet it remains poorly understood. This research seeks to clarify how corporate social responsibility actions directly and indirectly affect consumers’ willingness to pay a premium price for luxury brand products, as well as how a long-term orientation might moderate these relationships. A scenario study presents fictional CSR actions of two brands, representing different luxury products, to 1,049 respondents from two countries. The results of a structural equation modeling approach show (...) that the luxury brands’ CSR actions negatively affect customer WTPP overall and for each brand. The luxury brands’ functional and symbolic value dimensions positively mediate the effects of CSR actions on WTPP, whereas social value does not. The effects of CSR actions and brand symbolic value on WTTP do not differ between countries. The effect of functional value on WTPP differs across countries, such that it is stronger for high-LTO than low-LTO cultures. Inversely, the effect of social on customer WTPP is stronger for low-LTO than high-LTO cultures. These findings have theoretical and practical implications for luxury brand managers. (shrink)

Abstract:Paul Williams critiques Śāntideva's argument, claiming it rests on a category mistake. I suggest that if Williams' critique were sound, then the debate about composition as identity in recent analytic metaphysics would also be nonsensical. My argument is that Williams' objection does not make sense when dealing with absolutely general concepts such as the concepts of identity and parthood.

Coinciding with the rising development of emerging markets, sustainable consumption practices in these markets are increasingly under scrutiny. In this context, we compare empirical results from consumers in four countries (three emerging markets and one developed market) in an experimental study to uncover patterns of preferences for sustainable luxury products (i.e., products that combine sustainability and luxury characteristics). Our findings illustrate that consumers’ quality, emotional, price, and social value perceptions, as well as purchase and electronic word-of-mouth intentions, are consistently higher (...) in all three emerging markets compared to the developed market. We find that sustainability (vs. conventional) product features increase consumers’ product value perceptions and behavioral intentions, although this effect is partially stronger for the developed compared to the emerging market(s). We further show a positive sustainability effect for luxury products, this effect is stronger for mass-market products. Combining sustainability and luxury signals leads to similar effects in emerging and developed markets. Thus, emerging markets have promise in terms of scope for incorporating sustainability characteristics into luxury products. Sustainable luxury consumption can therefore be understood as a manifestation of global consumer culture. (shrink)

As a 4th century BCE Confucian text, Mencius provides a rich reflection on moral emotions, such as empathy and compassion, and moral cultivation, which has drawn attention from scholars around the world. This two-part discussion dwells on the idea of natural moral motivation expressed through the analogy of the four sprouts—particularly the sprout of ceyin zhixin (the heart of feelings others' distress)—as the starting point, the focus, and the drive of moral cultivation. In this paper, Part 1, I stress the (...) importance of holding an integrated view of the sprouts as consisting of three components: cognitive, affective, and motivational. Through examining scholarly accounts that do not adhere to such a view, I demonstrate why the integrative perspective is necessary for understanding the dynamic nature of human moral potential and the centrality of moral cultivation in Mencian ethics. (shrink)

Dual Use Research of Concern constitutes a major challenge for research practice and oversight on the local, national and international level. The situation in Germany is shaped by two partly competing suggestions of how to regulate security-related research: The German Ethics Council, as an independent political advisory body, recommended a series of measures, including national legislation on DURC. Competing with that, the German National Academy of Sciences and the German Research Foundation, as two major professional bodies, presented a strategy which (...) draws on the self-control of science and, inter alia, suggests expanding the scope of research ethics committees to an evaluation of DURC. This situation is taken as an occasion to further discuss the scope and limits of professional self-control with respect to security-related research. The role of RECs as professional bodies of science is particularly analyzed, referring to the theoretical backgrounds of professionalism. Two key sociological features of professionalism – ethical orientation and professional self-control – are discussed with respect to the practice of biomedical science. Both attributes are then analyzed with respect to the assessment of DURC by RECs. In conclusion, it is stated that issues of biosecurity transcend the boundaries of the scientific community and that a more comprehensive strategy should be implemented encompassing both professional self-control and legal oversight. (shrink)

Différents textes de Margaret Fuller et Elizabeth Cady Stanton, deux féministes américaines parfois oubliées de l’historiographie au profit notamment de Susan B. Anthony (dont le nom reste associé à l’amendement qui a accordé, aux États-Unis, le droit de vote aux femmes) ont récemment fait l’objet de traductions en français et d’une édition critique éclairante. Si la lecture parallèle de leurs textes fait apparaître des traits communs entre les deux militantes, parcours et convictions présent...

Volume 19, Issue 6, June 2019, Page 44-46.

The Supreme Court of Idaho held, in Idaho Association of Chiropractic Physicians, Inc. v. Alcorn, No. 23787,1999 WL 134677, at *1, that insurance regulations of health care services must apply equally to all providers. The Idaho legislature enacted the Small Employer Health Insurance Availability Act, Idaho Code § 41-4701, and the Individual Health Insurance Availability Act, id. § 41-5201, which is to be implemented by the Idaho Small Employer and Individual Health Reinsurance Program. The goal (...) of the legislation is to make health insurance available and affordable to small employers and their employees, and to individuals who would not otherwise have health insurance. Accordingly, the Program promulgated the following rule: “Chiropractic services will be subject to one thousand dollars per year limit.” Idaho Ass’n of Chiropractic Physicians, 1999 WL 134677, at *1.The plaintiff, the Idaho Association of Chiropractic Physicians, sought declaratory judgment and injunctive relief against defendant, James M. Alcorn, director of the Idaho State Department of Insurance, on equal protection and due process grounds. (shrink)

Stephen R. L. Clark has authored twelve books covering three philosophical themes: religion, duties toward animals, and politics—“Unfortunately, however, those familiar with one realm of his work, tend not to be familiar with what he has done in other areas”. Even those who may be familiar with the whole of Clark’s corpus may find it difficult to discern a coherent philosophical message among these disparate themes. Dombrowski seeks to present a comprehensive overview of Clark’s thought, and to elucidate Clark’s primary (...) philosophical concerns and prejudices, which run through all his works. However, Dombrowski’s admiration for Clark’s philosophy does not preclude him from offering his own unique analysis and critique. (shrink)

Hud Hudson shows that apparently irreconcilable conflicts between science and religion often turn out to be misdescribed battles about negotiable philosophical assumptions. He defends an original Hypertime Hypothesis which reconciles the Christian doctrines of The Fall and Original Sin with reigning scientific orthodoxy.

Readers are invited to contact Greg S. Loeben in writing at Midwestern University, Glendale Campus, Bioethics Program, 19555 N. 59th Ave., Glendale, AZ 85308 regarding books they would like to see reviewed or books they are interested in reviewing.

In the struggle over traditional trinitarian doctrine, criticism from feminist, deistic, and religionist quarters can stimulate the churches in their revival of this soteriologically vital pattern of the Christian faith.

Most philosophers would agree that loving one’s romantic partner (i.e., being in love) is, in principle, a good thing. That is, romantic love can be valuable. It seems plausible that most would then think that the process leading to being in love—i.e. falling in love—can be valuable too. Surprisingly, that is not the case: among philosophers, falling in love has a bad reputation. Whereas philosophy of love has started to depart from traditional (and often unwarranted or false) tropes surrounding romantic (...) life, this tendency has not yet reached the analysis of falling in love. The phenomenon continues to be looked at mostly through a compendium of generalisations taken as metaphysical truths—the view of falling in love being akin to “losing one’s mind” or “not being able to think about anything else”. Here, I analyse some of these generalisations to show that although they may reflect some experiences of what falling in love feels like, they wrongly reduce falling in love to two related, but distinct, phenomena: limerence and infatuation. My aim is to refine the current terminology to lay the foundations for a neutral view of falling in love. (shrink)