Common lawyers are accustomed to the presumption of innocence being described as a “golden thread” running “[t]hroughout the web” of the criminal law: “that it is the duty of the prosecution to prove the prisoner’s guilt” (Woolmington v DPP [1935] AC 462 per Viscount Sankey LC at 481). But although the language of “golden thread” is memorable and oft-quoted, the presumption of innocence must mean more than this: it is not simply a restatement of the burden of proof in a (...) criminal trial.Once this simple point is recognised, a whole host of more complex questions arise. For example: what, precisely, is the scope of the principle? Is this a matter on which consensus is possible or desirable? What role does the presumption have to play in pre-trial proceedings, in decisions by prosecutors? Does the presumption have consequences for the substantive criminal law, or can legislators blunt its impact by defining criminal offences so as to deprive the presumption of its bite? Can legislators tr. (shrink)

After two decades in the 21st Century, and despite all the advances in the area, some very important names from past centuries still do not have the recognition they deserve in the global history of library and information science and, specifically, of knowledge organization. Although acknowledged in British librarianship, the name of James Duff Brown still does not have a proper recognition on a global scale. His contributions to a free and more democratic library had a prominent place (...) in the works and projects he developed during his time at the libraries of Clerkenwell and Islington in London. Free access to the library shelves, an architecture centered on books and people, and classifications that are more dynamic were dreams fulfilled by Brown. With this biographical article, we hope to live up to his legacy and pay homage to a true librarian and an advocate of the public library and subject classification. (shrink)

We describe on-going work on IAO-Intel, an information artifact ontology developed as part of a suite of ontologies designed to support the needs of the US Army intelligence community within the framework of the Distributed Common Ground System (DCGS-A). IAO-Intel provides a controlled, structured vocabulary for the consistent formulation of metadata about documents, images, emails and other carriers of information. It will provide a resource for uniform explication of the terms used in multiple existing military dictionaries, thesauri and metadata registries, (...) thereby enhancing the degree to which the content formulated with their aid will be available to computational reasoning. (shrink)

This paper addresses three doctrinal phenomena of which it finds evidence in English law: the quiet extension of the criminal law so as to criminalise that which is by no means an obvious offence; the creation of offences the goal of which is not to guide potential offenders away from crime; and the existence of offending behaviour which is not itself thought to justify arrest or prosecution. While such phenomena have already been criticised by other criminal law theorists, this paper (...) offers a critique to which little attention has yet been paid. It argues that the existence of these phenomena has been concealed from public view: that the organs of state have encouraged the belief that they are no part of English law. The paper then argues that it is high time the state came clean. The state owes its people answers for the imposition of the criminal law: it must account for the creation and enforcement of any given criminal offence. When the state misleads its people about the criminal law’s scope, goals and enforcement, it refuses to provide those people with the answers they are owed. (shrink)

We argue performance in the serial reaction time task is associated with gradations of awareness that provide examples of fringe consciousness [Mangan, B. . Taking phenomenology seriously: the “fringe” and its implications for cognitive research. Consciousness and Cognition, 2, 89–108, Mangan, B. . The conscious “fringe”: Bringing William James up to date. In B. J. Baars, W. P. Banks & J. B. Newman , Essential sources in the scientific study of consciousness . Cambridge, MA: The MIT Press.], and address (...) limitations of the traditional SRT procedure, including criticism of exclusion generation tasks. Two experiments are conducted with a modified SRT procedure where irrelevant stimulus attributes obscure the sequence rule. Our modified paradigm, which includes a novel exclusion task, makes it easier to demonstrate a previously controversial influence of response stimulus interval on awareness. It also allows identification of participants showing fringe consciousness rather than explicit sequence knowledge, as reflected by dissociations between different awareness measures. The NEO-PI-R variable Openness to Feelings influenced the diversity of subjective feelings reported during two awareness measures, but not the degree of learning and awareness as previously found with traditional SRT tasks [Norman, E., Price, M. C., & Duff, S. C. . Fringe consciousness in sequence learning: the influence of individual differences. Consciousness and Cognition, 15, 723–760.]. This suggests possible distinctions between two components of fringe consciousness. (shrink)

TABLE OF CONTENTS Introduction: Pragmatist Perspectives on Science and Technology and Contemporary Dewey Studies Philipp Dorstewitz & Alexander Kremer... 5 I. Pragmatist Perspectives on Science and Technology Useful for What? Dewey's Call to Humanize Techno-Industrial Civilization Steven Fesmire... 11 Will Brain Science Understand and Modify Morality? A Neuropragmatic and Neuro-Ecological Approach to Neuroethics John R. Shook & James Giordano... 20 Undermining Dopamine Democracy through Education: Synthetic Situations, Social Media, and Incentive Salience Mark Tschaepe... 32 We Deweyan Creatures Tibor Solymosi... (...) 41 II. Contemporary Dewey Studies Democracy, Constitutionalism and Way of Life: a Deweyan reading of R. Dworkin J. Carlos Mougan... 61 Dewey's 'Experience and Nature' - A Tale of Two Paradigms Barry E. Duff... 68 Aesthetic Experience - A Pragmatist Perspective in Cognitive Aesthetics Dario Cecchi... 82 Dewey and the Art of Experience Barry Allen... 93 Miracle and the Miraculous: A Pragmatic Approach Ulf Zackariasson... 100. (shrink)

In a challenge to Basic Emotion theories, Ortony suggested in a recent article that the existence of affect-free surprise means that surprise is not necessarily valenced and therefore arguably not an emotion. In an article in response, Neta and Kim argued that surprise is always valenced and therefore is an emotion, with apparent cases of affect-free surprise actually being cases of the cognitive state of unexpectedness rather than surprise. We view Neta and Kim's position as resting on an idiosyncratic stipulation (...) of word usage. We further suggest that rejecting affect-free surprise by appealing to examples of affect-laden surprise has no bearing on whether surprise is always valenced, and propose that when surprise appears to be affect-laden the locus of the experienced valence is a co-occurring emotion. (shrink)

After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...) entire realm of wrongdoing, but with conduct falling within the public realm of our civic life; the need to look at the different processes of criminalization, and to ask what kinds of consideration can properly figure in those processes; the need to attend to the relationship, and the essential differences, between criminal law and other modes of legal regulation. (shrink)

The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimize regimes that fell far short of realizing those ideals – indeed, that violently repressed anyone who tried to realize them. This paper suggests that the derogatory concept of ‘the criminal’ may be allowing liberal ideals to operate in contemporary political philosophy and real politics in a worryingly similar manner. By depoliticizing deep dissent from the prevailing order of property, this concept can obscure (...) what I call the legitimation gap. This is the gulf between (a) liberal accounts of state legitimacy, and (b) the actual functioning of liberal states. Feminists have long pointed out that the exclusion of what is deemed ‘personal’ from political consideration is itself a political move. I propose that the construction of the criminal as a category opposed to the political works similarly to perpetuate unjust forms of social power. (shrink)

Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must (...) include a responsibility to report one’s own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law’s enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen’s arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to ‘take the law into their own hands’? (shrink)

Conformity is an often criticized feature of human belief formation. Although generally regarded as a negative influence on reliability, it has not been widely studied. This paper attempts to determine the epistemic effects of conformity by analyzing a mathematical model of this behavior. In addition to investigating the effect of conformity on the reliability of individuals and groups, this paper attempts to determine the optimal structure for conformity. That is, supposing that conformity is inevitable, what is the best way for (...) conformity effects to occur? The paper finds that in some contexts conformity effects are reliability inducing and, more surprisingly even when it is counterproductive, not all methods for reducing its effect are helpful. These conclusions contribute to a larger discussion in social epistemology regarding the effect of social behavior on individual reliability. (shrink)

After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...) should determine the proper scope of the criminal law. (shrink)

I discuss two problems for the standard Anglo-American account of recklessness, and the distinctions between intention, recklessness, and negligence. One problem concerns the over-breadth of recklessness as thus defined—that it covers agents whose actions display different kinds of culpability. The other problem concerns the importance attached to awareness of risk in distinguishing recklessness from negligence—that one who is unaware of the risk that he takes or creates sometimes displays just the same kind of fault as an advertent risk-taker. We can (...) work towards solutions to these problems by contrasting the Anglo-American schema with the German schema: this distinguishes intention from negligence. Dolus eventualis, properly understood, constitutes a distinctive kind of fault, which should be distinguished from advertent negligence within the category of what the Anglo-American schema counts as recklessness: this helps to solve the first problem, of over-breadth. As for the second problem, we can see why the difference between advertent and inadvertent risk-taking is not always normatively significant by noticing that an agent’s failure to realise the risk he is creating can itself display a significant fault in the structure of the practical reasoning that informs his action—just the same kind of fault as that displayed by an advertent risk-taker. The upshot of this discussion is a new schema of types of criminal fault; I finally note some problems with the practicability of such a new schema. (shrink)

On the basis of a communicative theory of criminal punishment, I show how mercy has a significant but limited role to play in the criminal law—in particular (although not only) in criminal sentencing. Mercy involves an intrusion into the realm of criminal law of values and concerns that are not themselves part of the perspective of criminal law: a merciful sentencer acts beyond the limits of her legal role, on the basis of moral considerations that conflict with the demands of (...) penal justice. Sometimes, however (but in a decent system of law in a decent society, rarely), that is how citizens should act. Finally, I discuss, and criticise, two attempts to find a place for mercy within a communicative conception of punishment, and argue that repentance is not an appropriate ground for leniency or mercy in sentencing. (shrink)

First paragraph: Some reasons for action are relational. I have a relational reason to Φ when I have reason to Φ in virtue of a relationship in which I stand, or a role that I fill; absent that relationship or that role I would not have that reason to Φ ; others who do not stand in that relationship or fill that role do not have that reason to Φ . I have a relational reason to feed this child -- (...) that he is my child: absent that parental relationship, I might still have a reason to feed him, as might others who are not his parents -- for instance that he is starving; but absent that relationship, I would not have and others cannot have that specific relational reason to feed this child. I have a relational reason to respond to this person's philosophical queries -- that she is my student: absent that pedagogical relationship, I might still have reason to respond to her questions, as might others who are not her teachers -- for instance that it is good to help such seekers after philosophical insight; but absent that relationship, I would not have and others cannot have that specific relational reason to respond to her queries. I have relational reason to pay John ￡10 -- that I borrowed it from him and promised to repay him today: absent that promissory relationship I might still have, and others might have, reason to give him ￡10 -- for instance that he is impoverished and I am (or they are) rich; but absent that promissory relationship, neither I nor others could have that specific relational reason to give him ￡10. (shrink)

On the basis of a communicative theory of criminal punishment, I show how mercy has a significant but limited role to play in the criminal law—in particular (although not only) in criminal sentencing. Mercy involves an intrusion into the realm of criminal law of values and concerns that are not themselves part of the perspective of criminal law: a merciful sentencer acts beyond the limits of her legal role, on the basis of moral considerations that conflict with the demands of (...) penal justice. Sometimes, however (but in a decent system of law in a decent society, rarely), that is how citizens should act. Finally, I discuss, and criticise, two attempts to find a place for mercy within a communicative conception of punishment, and argue that repentance is not an appropriate ground for leniency or mercy in sentencing. (shrink)

James D. Wallace treats moral considerations as beliefs about the right and wrong ways of doing things - beliefs whose source and authority are the same as any ...

We first describe how the concept of “fringe consciousness” can characterise gradations of consciousness between the extremes of implicit and explicit learning. We then show that the NEO-PI-R personality measure of openness to feelings, chosen to reflect the ability to introspect on fringe feelings, influences both learning and awareness in the serial reaction time task under conditions that have previously been associated with implicit learning . This provides empirical evidence for the proposed phenomenology and functional role of fringe consciousness in (...) so-called implicit learning paradigms . Introducing an individual difference variable also helped to identify possible limitations of the exclusion task as a measure of conscious sequence knowledge. Further exploration of individual differences in fringe awareness may help to avoid polarity in the implicit learning debate, and to resolve apparent inconsistencies between previous SRT studies. (shrink)

Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness of different (...) kinds of crime. (shrink)

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.

In this unique work, James P. Sterba argues that traditional ethics has yet to confront the three significant challenges posed by environmentalism, feminism, and multiculturalism. He maintains that while traditional ethics has been quite successful at dealing with the problems it faces, it has not addressed the possibility that its solutions to these problems are biased in favor of humans, men, and Western culture. In Three Challenges to Ethics: Environmentalism, Feminism, and Multiculturalism, Sterba examines each of these challenges. In (...) the case of environmentalism, he argues that traditional ethics must incorporate conflict resolution principles that favor nonhumans over humans in a significant range of cases. In terms of feminism, he maintains that traditional ethics should rule out gendered family structures and implement an ideal of androgyny. In regard to multiculturalism, he contends that traditional ethics must endorse an ethics that is secular in character and that can survive an extensive comparative evaluation of both Western and non-Western moral ideals and cultures. The only textbook devoted to this topic, Three Challenges to Ethics is an engaging text for introductory courses in ethics and moral problems and is also interesting and provocative reading for scholars and general readers. (shrink)

Review of James Franklin, The Science of Conjecture: Evidence and Probability Before Pascal (Johns Hopkins University Press, 2001).

James O. Young seeks to explain why we value music so highly. He draws on the latest psychological research to argue that music is expressive of emotion by resembling human expressive behaviour. The representation of emotion in music gives it the capacity to provide psychological insight--and it is this which explains a good deal of its value.