This article adds to the small but growing body of hate crime legal scholarship in the United Kingdom by examining the meaning of the term ‘hostility’ as prescribed under section 28 of the Crime and Disorder Act 1998. The article highlights the confusion which has occurred within the lower courts as to the distinction between section 28(1)(a), which proscribes ‘demonstrations’ of hostility, and section 28(1)(b), which proscribes offences ‘motivated’ by hostility. In addition to this confusion has been a clear reluctance (...) to apply section 28(1)(a) by some judges in cases where the demonstration of hostility appears to be incidental, as against causal, to the offence committed. The article argues that in order to provide greater clarity in law, the words ‘demonstrates … hostility’ must be interpreted to include, not only acts that are motivated by, or which are intended to express prejudice or hatred, but any conduct carried out during an offence where the offender is aware his behaviour is likely to be perceived by right-minded individuals as indicating hostility towards the victim’s identity. The article concludes that such a broad approach to conceptualizing hostility is justified based on the need for the state to expressly denounce all public displays of identity-based prejudice. The approach also acknowledges the harmful effects that all expressions of hate (motivated by hostility or not) have on victims, minority communities and to the cohesiveness of Britain’s multicultural society. (shrink)

Factors such as subsistence turnover, warfare, or interaction between different groups can be major sources of cultural change in human populations. Global demographic shifts such as the transition to agriculture during the Neolithic and more recently the urbanization and globalization of the twentieth century have been major catalysts for cultural change. Here, we test whether cultural traits such as patri/matrilocality and postmarital migration persist in the face of social upheaval and gene flow during the past 150 years in postcolonial South (...) Africa. The recent history of South Africa has seen major demographic shifts that resulted in the displacement and forced sedentism of indigenous Khoekhoe and San populations. During the expansion of the colonial frontier, the Khoe-San admixed with European colonists and enslaved individuals from West/Central Africa, Indonesia, and South Asia, introducing novel cultural norms. We conducted demographic interviews among Nama and Cederberg communities representing nearly 3,000 individuals across three generations. Despite the history of colonial expansion, and the subsequent incorporation of Khoe-San and Khoe-San-descendant communities into a colonial society with strong patrilocal norms, patrilocality is the least common postmarital residence pattern in our study populations today. Our results suggest that more recent forces of integration into the market economy are likely the primary drivers of change in the cultural traits examined in our study. Birthplace had a strong effect on an individual’s odds of migration, distance moved, and postmarital residence form. These effects are at least partially explained by the population size of the birthplace. Our results suggest that market factors local to birthplaces are important drivers of residence decisions, although the frequency of matrilocal residence and a geographic and temporal cline in migration and residence patterns also indicate the persistence of some historic Khoe-San cultural traits in contemporary groups. (shrink)

A survey of the work of the Majorcan lay theologian and philosopher Ramon Llull (1232-1316), along with examples of its wide influence in late medieval, Renaissance, and early modern Europe and in colonial Spanish America.

The literature on affective determinants of physical activity is growing rapidly. The present paper aims to provide greater clarity regarding the definition and distinctions among the various affect-related constructs that have been examined in relation to PA. Affective constructs are organized according to the Affect and Health Behavior Framework, including: affective response to PA; incidental affect; affect processing; and affectively charged motivational states. After defining each category of affective construct, we provide examples of relevant research showing how each construct may (...) relate to PA behavior. We conclude each section with a discussion of future directions for research. (shrink)

In Moral Knowledge? New Readings in Moral Epistemology, editors Walter Sinnott-Armstrong and Mark Timmons bring together eleven specially commissioned essays by distinguished moral philosophers exploring the nature and possibility of moral knowledge. Each essay represents a major position within the exciting field of moral epistemology in which a proponent of the position presents and defends his or her view and locates it vis-a-vis competing views. The authors include established philosophers such as Peter Railton, Robert Audi, Richard Brandt, and Simon (...) Blackburn, as well as newer voices in the field. Topics covered include moral skepticism, moral truth, projectivism, contractarianism, coherentism, feminist views, quasi-realism, and pragmatism. The lively and clear selections do not presuppose specialized knowledge of philosophy, and the philosophical vocabulary used throughout the anthology is uniform, in order to facilitate understanding by those not familiar with the field. The first chapter includes a sustained critical discussion of the major views represented in the following chapters, thereby furnishing beginning students with appropriate background to understand the selections. The volume is further enhanced by an index and an extensive bibliography. An excellent text for undergraduate and graduate courses, Moral Knowledge provides the most up-to-date work on moral knowledge and justification. (shrink)

In the common law world, Albert Venn Dicey is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey (...) is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law. (shrink)

Paul Lewis and Walter Gulick summarize and evaluate Mark Micthell’s new book, Michael Polanyi: The Art of Knowing, and Mitchell responds to their comments in this symposium article.

In Moral Knowledge?: New Readings in Moral Epistemology, editors Walter Sinnott-Armstrong and Mark Timmons bring together eleven newly written essays by distinguished moral philosophers exploring the nature and possibility of moral knowledge. Each essay represents a major position within the exciting field of moral epistemology in which a proponent of the position presents and defends his or her view and locates it vis-a-vis competing views. The first chapter, written by Walter Sinnott-Armstrong, provides a framework for understanding the basic concepts (...) and viewpoints in moral epistemology and presents a limited skeptical challenge to the justification of moral beliefs. The following essays represent various options in response to moral skepticism. Peter Railton and Simon Blackburn take different stances on moral truth and realism, Robert Audi defends a version of intuitionism, and Geoffrey Sayre-McCord adopts coherentism, while R.M. Hare combines elements of both foundationalism and coherentism. Richard Brandt discusses the relevance of empirical science to moral knowledge, Christopher Morris develops a contractarian account of moral justification, and David Copp bases moral knowledge on rational choices by societies. Margaret Urban Walker aruges for a feminist perspective on moral knowledge, and Mark Timmons expounds contextualism in moral epistemology. The lively and clear selections do not presuppose specialized knowledge of philosophy, and the philosophical vocabulary used throughout the anthology is uniform, in order to facilitate understanding by those not familiar with the field. The first chapter includes a sustained critical discussion of the major views represented in the following chapters, thereby furnishing beginning students with appropriate background to understand the selections. The volume is further enhanced by an index and an extensive bibliography, which is divided into sections corresponding to the chapters of the book. Moral Knowledge provides the most up-to-date work on moral knowledge and justification and serves as an excellent text for undergraduate and graduate courses. (shrink)

Is Goodness Without God Good Enough contains a lively debate between William Lane Craig and Paul Kurtz on the relationship between God and ethics, followed by seven new essays that both comment on the debate and advance the broader discussion of this important issue. Written in an accessible style by eminent scholars, this book will appeal to students and academics alike.

An alarming number of philosophers and cognitive scientists have argued that mind extends beyond the brain and body. This book evaluates these arguments and suggests that, typically, it does not. A timely and relevant study that exposes the need to develop a more sophisticated theory of cognition, while pointing to a bold new direction in exploring the nature of cognition Articulates and defends the “mark of the cognitive”, a common sense theory used to distinguish between cognitive and non-cognitive processes (...) Challenges the current popularity of extended cognition theory through critical analysis and by pointing out fallacies and shortcoming in the literature Stimulates discussions that will advance debate about the nature of cognition in the cognitive sciences. (shrink)

BackgroundEthics review is the process of assessing the ethics of research involving humans. The Ethics Review Committee (ERC) is the key oversight mechanism designated to ensure ethics review. Whether or not this governance mechanism is still fit for purpose in the data-driven research context remains a debated issue among research ethics experts.Main textIn this article, we seek to address this issue in a twofold manner. First, we review the strengths and weaknesses of ERCs in ensuring ethical oversight. Second, we map (...) these strengths and weaknesses onto specific challenges raised by big data research. We distinguish two categories of potential weakness. The first category concerns persistent weaknesses, i.e., those which are not specific to big data research, but may be exacerbated by it. The second category concerns novel weaknesses, i.e., those which are created by and inherent to big data projects. Within this second category, we further distinguish between purview weaknesses related to the ERC’s scope (e.g., how big data projects may evade ERC review) and functional weaknesses, related to the ERC’s way of operating. Based on this analysis, we propose reforms aimed at improving the oversight capacity of ERCs in the era of big data science.ConclusionsWe believe the oversight mechanism could benefit from these reforms because they will help to overcome data-intensive research challenges and consequently benefit research at large. (shrink)

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

Responding to volatile criticisms frequently leveled at Leo Strauss and those he influenced, the prominent contributors to this volume demonstrate the profound influence that Strauss and his students have exerted on American liberal democracy and contemporary political thought. By stressing the enduring vitality of classic books and by articulating the theoretical and practical flaws of relativism and historicism, the contributors argue that Strauss and the Straussians have identified fundamental crises of modernity and liberal democracy.

Much of the literature from political psychology has focused on the negative traits that are positively associated with affective polarization—e.g., animus, arrogance, distrust, hostility, and outrage. Not as much attention has been focused on the positive traits that might be negatively associated with polarization. For instance, given that people who are intellectually humble display greater openness and less hostility towards conflicting viewpoints (Krumrei-Mancuso & Rouse, 2016; Hopkin et al., 2014; Porter & Schumann, 2018), one might reasonably expect them to be (...) less polarized. -/- We ran two studies designed to explore the relationship between various forms of humility and polarization. Our chief finding is that people who value humility are prone to what we are calling epistemic polarization—that is, judging the epistemic traits of contrapartisans negatively—which in turn plays a role in polarization more generally. Not only are contrapartisans deemed to have the wrong moral and political beliefs, they are also viewed as less humble and more arrogant, close-minded, and irrational. This makes matters even worse when it comes to the growing partisan divide. In light of our findings, we believe that the novel concept of epistemic polarization that we introduce is a promising target for further investigation. (shrink)

Progressive supranuclear palsy is a movement disorder with prominent tau neuropathology. Brain diseases with abnormal tau deposits are called tauopathies, the most common of which is Alzheimer's disease. Environmental causes of tauopathies include repetitive head trauma associated with some sports. To identify common genetic variation contributing to risk for tauopathies, we carried out a genome-wide association study of 1,114 individuals with PSP and 3,247 controls followed by a second stage in which we genotyped 1,051 cases and 3,560 controls for the (...) stage 1 SNPs that yielded P ≤ 10-3. We found significant previously unidentified signals associated with PSP risk at STX6, EIF2AK3 and MOBP. We confirmed two independent variants in MAPT affecting risk for PSP, one of which influences MAPT brain expression. The genes implicated encode proteins for vesicle-membrane fusion at the Golgi-endosomal interface, for the endoplasmic reticulum unfolded protein response and for a myelin structural component. © 2011 Nature America, Inc. All rights reserved. (shrink)

In this study, we developed and validated an instrument that researchers can use to measure the collective effort of principals and teachers who excise their own unique leadership to genera...

Law and the Humanities: An Introduction brings together a distinguished group of scholars from law schools and an array of the disciplines in the humanities. Contributors come from the United States and abroad in recognition of the global reach of this field. This book is, at one and the same time, a stock taking both of different national traditions and of the various modes and subjects of law and humanities scholarship. It is also an effort to chart future directions for (...) the field. By reviewing and analyzing existing scholarship and providing thematic content and distinctive arguments, it offers to its readers both a resource and a provocation. Thus, Law and the Humanities marks the maturation of this 'law and' enterprise and will spur its further development. (shrink)

Marking the centenary of Walter Benjamin's immensely influential essay, "Toward the Critique of Violence," this critical edition presents readers with an altogether new, fully annotated translation of a work that is widely recognized as a classic of modern political theory. The volume includes twenty-one notes and fragments by Benjamin along with passages from all of the contemporaneous texts to which his essay refers. Readers thus encounter for the first time in English provocative arguments about law and violence advanced by Hermann (...) Cohen, Kurt Hiller, Erich Unger, and Emil Lederer. A new translation of selections from Georges Sorel's Reflections on Violence further illuminates Benjamin's critical program. The volume also includes, for the first time in any language, a bibliography Benjamin drafted for the expansion of the essay and the development of a corresponding philosophy of law. An extensive introduction and afterword provide additional context. With its challenging argument concerning violence, law, and justice-which addresses such topical matters as police violence, the death penalty, and the ambiguous force of religion-Benjamin's work is as important today as it was upon its publication in Weimar Germany a century ago. (shrink)

Writing in 1284, the Franciscan chronicler Salimbene of Parma said of his Order's former General Minister, Elias of Cortona, that one of Elias's several faults was "that he accepted many useless men into the Order. I lived in the convent of Siena for two years, for example, and I saw twenty-five lay brothers there."2 For Salimbene, to be a layman in religious life was also to be useless.3 The Franciscan movement at its inception was a lay phenomenon, yet its founder's (...) immense popularity attracted large numbers of clergymen as well. The deposition of Elias, himself a layman, by a general chapter of the Friars Minor in 1239 marked a significant turning point in the history of the Order in which the clerical brothers... (shrink)

It’s been argued with some justice by commentators from Walter Kaufmann to Thomas Hurka that Nietzsche’s positive ethical position is best understood as a variety of virtue theory – in particular, as a brand of perfectionism. For Nietzsche, value flows from character. Less attention has been paid, however, to the details of the virtues he identifies for himself and his type. This neglect, along with Nietzsche’s frequent irony and non-standard usage, has obscured the fact that almost all the virtues he (...) praises are intellectual rather than moral. The vices he most despises include dogmatism, intellectual partisanship, faith, boredom, the need for certainty, and pity. The virtues he most appreciates include curiosity, honesty, skepticism, creativity, the historical sense, intellectual courage, and intellectual fastidiousness. These tables of values place Nietzsche squarely among so-called responsibilist virtue epistemologists, such as Lorraine Code and Linda Zagzebski, who emphasize that knowledge is infused with desire and affect. I argue that curiosity construed as the specification of the will to power in the domain of epistemology is a cardinal Nietzschean virtue, and that the others – especially intellectual courage and honesty – are presupposed by curiosity. Thus, Nietzsche turns out to accept his own peculiar brand of the thesis of the unity of virtue. (shrink)

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

This short autobiographical text evokes the atmosphere of the years which marked the beginning of my friendship with Alexandru Dragomir: i.e. our student years in Bucharest, the circle of Romanian students studying in the 40s in Freiburg i. Br. and the intellectual intensity of Martin Heidegger’s seminars and courses, which influenced both of us for the rest of our lives. From the 15 members of Heidegger’s Oberseminar (dedicated in this period to Hegel’s Phenomenology of Spirit), three were from Romania: Alexandru (...) Dragomir, Octavian Vuia and the author of these lines. The relationship between Dragomir and I became closer as we translated “Was ist Metaphysik?” into Romanian. Alexandru Dragomir was highly appreciated by Heidegger and beloved by other students for his penetrating spirit, for his spontaneity, but also for his sense of humor. After more than 30 years in which the history thrown us in parallel worlds, we had the joy to meet again in Bucharest. His texts, now published, present him as a brilliant and original thinker. (shrink)

This ain’t your grandma’s virtue theory.In Michael Austin’s bold new collection, Virtues in Action: New Essays in Applied Virtue Ethics, gone are the pretentions of defining right action generically as what a virtuous person would do in the circumstances, while acting in and from character, provided that a virtuous person would end up in those circumstances. Instead, we find detailed explorations of specific virtues and vices related to specific fields of activity and problems, with attention (some of it careful (...) – some less so) to relevant empirical literature and elbowroom for alternative normative approaches and conceptions. Aristotle tells us about courage, temperance, generosity, magnificence, magnanimity, even temper, pride, justice, and friendship. The first wave neo-Aristotelians such as Peter Geach (The Virtues. Cambridge University Press, 1977) tell us about prudence, justice, temperance, courage, faith, hope, and charity. Contributors to the present volume tell us about inst .. (shrink)

This introduction to Georg Simmel’s essay ‘On Art Exhibitions’ sketches the context and relevance of some striking points of commonality to Walter Benjamin’s much better-known ‘The Work of Art in the Age of Mechanical Reproduction’ of 1936, as well as to Simmel’s own subsequent essay on ‘The Metropolis and Mental Life’ of 1903. The introduction is followed by a complete English translation.

At the close of Plato’s Apology, Socrates argues that death is a benefit regardless of whether it results in annihilation or an afterlife. According to the standard interpretation, Socrates of the Phaedo rejects the idea that annihilation is a benefit, instead arguing that the soul is immortal and that annihilation would harm a philosopher. Socrates certainly suggests in a few passages that he would resent annihilation. In this paper, however, I argue that the Phaedo does not mark a significant (...) shift in Socrates’ views about whether annihilation benefits. In both dialogues, he recognizes that if the gods choose to annihilate humans, they signal that human life is bad overall and that deprivation of a bad state is a benefit, albeit a benefit without an existing beneficiary. I contend that for Socrates, the possibility that humans benefit from annihilation entails neither the rationality of suicide nor the view that philosophers live miserable lives. (shrink)

Moral status arguments are typically formulated as descriptive statements that tell us something about the world. But philosophy of language teaches us that language can also be used performatively: we do things with words and use words to try to get others to do things. Does and should this theory extend to what we say about moral status, and what does it mean? Drawing on Austin, Searle, and Butler and further developing relational views of moral status, this article explores (...) what it means to conceptualize moral status in a performative way and in a way that reaches deep down to its basis, proposes a distinction between strong and weak versions of this view, and discusses the implications for thinking about the moral status of humans and nonhumans. Next to contributing to theory about performativity in the moral domain in general, this effort helps to reveal, understand, and evaluate the performative dimension of utterances made in public discussions about the moral status of animals and artificial agents such as robots and artificial intelligence. (shrink)

In Austin's Way with Skepticism, Mark Kaplan argues that J. L Austin's 'ordinary language' approach to epistemological problems has been misread. Contrary to the consensus view, Kaplan presents Austin's methods as both a powerful critique of the project of constructive epistemology and an appreciation of how epistemology needs to be done.

Hume's views on language have been widely misunderstood. Typical discussions cast Hume as either a linguistic idealist who holds that words refer to ideas or a proto-verificationist. I argue that both readings are wide of the mark and develop my own positive account. Humean signification emerges as a relation whereby a word can both indicate ideas in the mind of the speaker and cause us to have those ideas. If I am right, Hume offers a consistent view on meaning (...) that is neither linguistic idealism nor positivism but a genuine alternative to these, one that deserves to be taken seriously. (shrink)

One of the primary concerns in animal research is ensuring the welfare of laboratory animals. Modern views on animal welfare emphasize the role of animal sentience, i.e. the capacity to experience subjective states such as pleasure or suffering, as a central component of welfare. The increasing official recognition of animal sentience has had large effects on laboratory animal research. The Cambridge Declaration on Consciousness (Low et al., University of Cambridge, 2012) marked an official scientific recognition of the presence of sentience (...) in mammals, birds, and cephalopods. Animal sentience has furthermore been recognized in legislation in the European Union, UK, New Zealand and parts of Australia, with discussions underway in other parts of the world to follow suit. In this paper, we analyze this shift towards recognition of sentience in the regulation and practice in the treatment of laboratory animals and its effects on animal welfare and use. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

After an eloquent and moving analysis of what he sees as the disillusion of themodern age, Lippmann posits as the central dilemma of liberalism its inability to find an appropriate substitute for the older forms of authority-- church, state, class, family, law, custom--that it has denied. Lippmann attempts to find a way out of this chaos through the acceptance of a higher humanism and a way of life inspired by the ideal of "disinterestedness" in all things. In his new introduction (...) to the Transaction edition, John Patrick Diggins marks "A Preface "to "Morals, "originally published in 1929, as a critical turning point in Lippmann's intellectual career. He also provides an excellent discussion of the enduring value of this major twentieth-century work by situating it within the context of other intellectual movements. (shrink)