The trial of Jean-Paul Akayesu is by far the most well known and widely discussed case at the International Criminal Tribunal for Rwanda, a distinction that can be attributed to the fact that it was groundbreaking for several reasons. However, with regard to the importance of this trial both as a precedent for subsequent ICTR cases and within the broader context of international jurisprudence, its most significant contribution has undoubtedly been the recognition and prosecution of rape as a means of (...) perpetrating genocide. The task of collecting admissible evidence to that end was heavily impacted by the necessity of interpreting and translating witness testimonies from their original language of expression, Kinyarwanda, into the working languages of the Tribunal, French and English. The multiple challenges associated with this translation process concerned not only questions of semantic equivalence of specific lexical terms. They also highlighted the considerable ‘cultural collision’ that occurred in the courtroom between the Rwandan witnesses and the international judiciary. This article elucidates the complex task faced by the courtroom interpreters in navigating these linguistic and sociocultural considerations underpinning the evocations of rape within the evidentiary framework of the Akayesu trial. (shrink)

In twelve new essays, contributors explore hybrid theories in metaethics and other normative domains.

This paper examines implicaturist hybrid theories by examining how closely attitude expression by moral utterances fits with the varieties of implicature (conventional, particular conversational, generalized conversational) using five standard criteria for implicature: indeterminacy (§3), reinforceability (§4), non-detachability (§5), cancellability (§6), and calculability (§7). I argue (1) that conventional implicature is a clear non-starter as a model of attitude expression by moral utterances (2) that generalised conversational implicature yields the most plausible implicaturist hybrid but (3) that a non-implicaturist, and non-hybrid, alternative (...) might in fact be superior. (shrink)

This paper is an attempt to undermine a basic assumption of theories of well-being, one that I call well-being invariabilism. I argue that much of what makes existing theories of well-being inadequate stems from the invariabilist assumption. After distinguishing and explaining well-being invariabilism and well-being variabilism, I show that the most widely-held theories of well-being—hedonism, desire-satisfaction, and pluralist objective-list theories—presuppose invariabilism and that a large class of the objections to them arise because of it. My aim is to show that (...) abandoning invariabilism and adopting variabilism is a sensible first step for those aiming to formulate more plausible theories of well-being. After considering objections to my argument, I explain what a variabilist theory of well-being would be like and show that well-being variabilism need not be any threat to the project of formulating theories of well-being that deliver general principles concerning well-being enhancement. (shrink)

The stopping rule for a sequential experiment is the rule or procedure for determining when that experiment should end. Accordingly, the stopping rule principle (SRP) states that the evidential relationship between the final data from a sequential experiment and a hypothesis under consideration does not depend on the stopping rule: the same data should yield the same evidence, regardless of which stopping rule was used. I clarify and provide a novel defense of two interpretations of the main argument against the (...) SRP, the foregone conclusion argument. According to the first, the SRP allows for highly confirmationally unreliable experiments, which concept I make precise, to confirm highly. According to the second, it entails the evidential equivalence of experiments differing significantly in their confirmational reliability. I rebut several attempts to deflate or deflect the foregone conclusion argument, drawing connections with replication in science and the likelihood principle. (shrink)

Hastings Center Report, Volume 52, Issue S1, Page S3-S11, March‐April 2022.

Online personalized genetic testing services offer accessible and convenient options for satisfying personal curiosity about health and obtaining answers about one’s genetic provenance. They are especially attractive to healthy people who wish to learn about their future risk of disease, as Paul Mason’s case study of “Jordan” illustrates. In this response, we consider how online genetic testing services are used by people diagnosed with a common neurodegenerative disease, Parkinson’s disease, to gain a sense of certainty regarding the future.

Every time we think ahead, we are crafting a story. Every daily plan—and every political vision, social movement, scientific hypothesis, business proposal, and technological breakthrough—starts with “what if?” Linking causes to effects, considering hypotheticals and counterfactuals, asking how other people will react: these are the essence of narrative. So why do we keep overlooking story’s importance to intelligence in favor of logic? This book explains how and why our brains think in stories. Angus Fletcher, an expert in neuroscientific approaches (...) to narrative, identifies this capacity as “storythinking.” He demonstrates that storythinking is fundamental to what makes us human. Artificial intelligence can perform symbolic logic, rational deduction, and mathematical calculation, but it is incapable of deliberating in narrative. Drawing on new research in neuroscience and narrative theory, Fletcher explores the nature of imagination, innovation, and creativity. He provides concise answers to big questions: How does storythinking work? Why did it evolve? How can it misfire? What problems can it solve? Revealing the significance of storythinking from science to business to philosophy, this book also provides ways for readers to harness its power to script better tomorrows. (shrink)

Recent national calls for ethical, legal, and social implications (ELSI) research to “assess and address how ethical, historical, social, economic, legal, regulatory, socio-cultural, and contextual...

The Covid‐19 pandemic has revealed myriad social, economic, and health inequities that disproportionately burden populations that have been made medically or socially vulnerable. Inspired by state and local governments that declared racism a public health crisis or emergency, the Anti‐Racism in Public Health Act of 2020 reflects a shifting paradigm in which racism is considered a social determinant of health. Indeed, health inequities fundamentally rooted in structural racism have been exacerbated by the Covid‐19 pandemic, which calls for the integration of (...) antiracist praxis to promote ethical public health research processes. This commentary describes ways in which antiracist praxis—which emphasizes empowerment of traditionally marginalized populations—offers strategies to explicitly address power imbalance, stigmatization, and other consequences of structural racism in public health research. (shrink)

Introduction by the Rev. R. J. Fletcher -- The memory of Francis Bacon. A speech delivered in Gray's Inn hall at the tercentenary celebration by Mr. H. E. Duke -- List of benchers and guests present at the tercentenary celebration, 1908 -- Francis Bacon. A speech delivered by the Right Hon. A. J. Balfour, M. P., on the occasion of the unveiling of the Bacon statue at Gray's Inn [27th June 1912] -- Francis Bacon's essays: Of gardens and Of (...) masques and triumphs, reprinted from the earliest editions. (shrink)

Abstract As religious-environmental awareness in the United States becomes more widespread, many faith-based institutions find themselves unaware of the range of environmental actions that they can take, and methods for organizing their efforts for greatest impact. This essay conceptualizes Spirit, Stewardship, and Justice as organizing values for understanding religious-environmental efforts. The essay then reviews environmental action steps that faith-based institutions can take, including the integration of environmental focus into worship, religious education, spiritual practices, energy and water conservation, food practices, waste (...) management, toxics reduction, environmental justice education, alliance building, advocacy, and community organizing. The essay concludes with a review of research on community-based social marketing and organizational transformation, offering these as methods for increasing the impact of religious efforts to address energy and protect the environment. (shrink)

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent (...) legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice. (shrink)

I'll say first why I write. It intrigues me, I wonder why I write. How it is that I write and why it's so important. I take this as an act of life. One thing that scares me as a writer is a Lari song “ndombi ku ndombi sadidi mukanda komanda diandi Matsoua Ndele.” That can be translated as “even a black can write, hey, things are progressing. “ In the beginning going to school was considered an enormous act, it (...) was civilization, it was the very center of civilization, and writing a letter for a black person, a poor black, was a grandiose thing. It was in Matsoua's time, in the forties, that people sang this song in the pool to make rubber. (shrink)

Deep brain stimulation (DBS) is an effective treatment for the debilitating motor symptoms of Parkinson’s disease and other neurological disorders. However, clinicians and commentators have noted that DBS recipients have not necessarily experienced the improvements in quality of life that would be expected, due in large part to what have been described as the ‘psychosocial’ impacts of DBS. The premise of this paper is that, in order to realise the full potential of DBS and similar interventions, clinical services need to (...) be arranged in such a way that these psychosocial dimensions are recognised and managed. Our starting point is that the psychosocial effects of DBS ‘in the field’ present us with analytically-useful disruptions: they disturb and foreground deeply held assumptions relating to the individual, health and its treatment, and which in a crude form manifest as the myth of technological solutionism within health care. Drawing on scholarship in medical sociology and science and technology studies (STS), we argue that DBS brings to the fore the relational dimensions of personhood, and demonstrates the emotional and social turmoil that can result if the relational dimensions of personhood are ignored by clinical services. In light of this, we argue that DBS should be implemented within a regime of care. Drawing on ethnographic research of a paediatric DBS clinical service, we provide an example of a regime of care, and conclude by reflecting on what other DBS services might learn from this paediatric service. (shrink)

Amalgamating evidence from heterogeneous sources and across levels of inquiry is becoming increasingly important in many pure and applied sciences. This special issue provides a forum for researchers from diverse scientific and philosophical perspectives to discuss evidence amalgamation, its methodologies, its history, its pitfalls, and its potential. We situate the contributions therein within six themes from the broad literature on this subject: the variety-of-evidence thesis, the philosophy of meta-analysis, the role of robustness/sensitivity analysis for evidence amalgamation, its bearing on questions (...) of extrapolation and external validity of experiments, its connection with theory development, and its interface with causal inference, especially regarding causal theories of cancer. (shrink)

Lu Xun is considered by many scholars the most influential modern Chinese writer, likened to Tolstoy, Shakespeare and Goethe in both scope and cultural impact, to the extent that Lu Xun scholarship has earned its own formal appellative: ‘Luxunology’. This impact is due not only to the initial impact of Lu Xun's fiction, but also greatly to Mao Zedong's use of Lu Xun during the Cultural Revolution. The history of Lu Xun's early fiction is analogous to the various historical manifestations, (...) and original ‘spirit’, of Marxism. Through close readings of Lu Xun's early fiction, and then detailing the relationship between Mao Zedong's use of Lu Xun in the Cultural Revolution, I will explore Jacques Derrida's 1993 work Specters of Marx, especially focusing on Derrida's distinction between the ‘spirit’ and the ‘spectre’. (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)

Although computation and the science of physical systems would appear to be unrelated, there are a number of ways in which computational and physical concepts can be brought together in ways that illuminate both. This volume examines fundamental questions which connect scholars from both disciplines: is the universe a computer? Can a universal computing machine simulate every physical process? What is the source of the computational power of quantum computers? Are computational approaches to solving physical problems and paradoxes always fruitful? (...) Contributors from multiple perspectives reflecting the diversity of thought regarding these interconnections address many of the most important developments and debates within this exciting area of research. Both a reference to the state of the art and a valuable and accessible entry to interdisciplinary work, the volume will interest researchers and students working in physics, computer science, and philosophy of science and mathematics. (shrink)

Exploring online criticisms of the ‘take the knee’ protest during ‘Euro 2020’, this article examines how alt- and far-right conspiracies were both constructed and communicated via the social media platform, Twitter. By providing a novel exploration of alt-right conspiracies during an international football tournament, a qualitative thematic analysis of 1,388 original tweets relating to Euro 2020 was undertaken. The findings reveal how, in criticisms levelled at both ‘wokeism’ and the Black Lives Matter movement, antiwhite criticisms of the ‘take the knee’ (...) protest were embroiled in alt-right conspiracies that exposed an assumed Cultural Marxist, ‘woke agenda’ in the tournament’s organization and mainstream media coverage. In conclusion, it is argued that conspiratorial discourses, associated with the alt-right, provided a framework through which the protest could be understood. This emphasises how the significance of conspiracy functions to promote the wider dissemination of alt-right ideology across popular cultural contexts, such as sport. (shrink)

The phenomenon of altruism extends from the biological realm to the human sociocultural realm. This article sketches a coherent outline of multiple types of altruism of progressively increasing scope that span these two realms and are grounded in an ever-expanding sense of “self.” Discussion of this framework notes difficulties associated with altruism at different levels. It links scientific ideas about the evolution of cooperation and about hierarchical order to perennial philosophical and religious concerns. It offers a conceptual background for inquiry (...) into societal challenges that call for altruistic behavior, especially the challenge of environmental and social sustainability. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Phenomenology and Modern Behavioral PsychologyLindsay B. Fletcher (bio) and Steven C. Hayes (bio)Keywordsacceptance, contextualism, defusion, relational-frame-theoryPérez-Álvarez and Sass (2008) deserve praise for examining the philosophical roots of clinical psychological science. Modern psychology has moved away from the development of philosophy and theory that is needed to ground scientific investigation within a coherent system. The result is increasingly ill-defined constructs and research programs that each operate within their own (...) divergent paradigm. B.F. Skinner is one of the few modern experimental behavioral psychologists who attempted to build a coherent science of behavior based on observable events with testable hypotheses. Acceptance and Commitment Therapy (ACT; Hayes, Strosahl, and Wilson 1999) and its associated basic science of cognition, Relational Frame Theory (RFT; Hayes, Barnes-Holmes, and Roche 2001), build on Skinner’s work to produce a more progressive science.Psychology and philosophy are different disciplines and how they are approached is defined by the objective. The purpose of philosophy from a scientific point of view is not the same as from a philosophical point of view. It is fine to compare radical behaviorism and phenomenology, but it seems important to ask whether and how this will lead to a more progressive science of behavior.In this commentary, we discuss the philosophy and theory that underlie ACT/RFT and show how they reflect on the relevant points made by the authors regarding the shared features of phenomenology and radical behaviorism. We make two adjustments to the explanation of radical behavioral concepts presented in the current paper to create a more coherent analysis. Finally, we show here how the development of a theory based on applied goals directly informs the methods used in clinical settings.Philosophical AssumptionsThe field of behavior analysis that originated with Skinner has different strands. Some are holistic and pragmatic, whereas others are elementalistic and mechanistic (Hayes, Hayes, and Reese 1988). ACT is based on an a-ontological philosophy termed functional contextualism (Hayes 1993), which views behavior analysis from a holistic and pragmatic perspective. Functional contextualism (AKA radical behaviorism) shares some of the assumptions of phenomenology, as has long been noted (Day 1969). For example, Pérez-Álvarez and Sass (2008) identify a-dualism, or monism, as a common feature. In functional contextualism, the whole is divided into functional units for the purpose of prediction and influence. A three-term contingency (antecedent–behavior–consequence) in behavior analysis is viewed as a [End Page 255] whole event with pragmatically distinguishable aspects, not an assemblage. As the authors point out, this results in a dialectic tension between stimulus control, action, and reinforcer because none are distinct units, and each is defined with reference to the others much as the front of a coin cannot exist without the back. These are not ontological entities, but functional units that are abstracted from the whole for pragmatic purposes. What is “radical” about radical behaviorism is that the philosopher, psychologist, or researcher participates in the event they are observing, and their own acts of scientific observation are identified based on their own functional properties.Behavioral ThinkingIn the service of further developing this philosophical and theoretical foundation and considering it along side phenomenology, we need to examine two aspects of the target article. The first regards the role of the environment in shaping behavior that is central to behavioral and contextual theories. The authors object to behaviorism’s notion of environment and suggest replacing it with the concept of the world, stating that “animals have environment, but man has world.” What is missing is an account of that shift. We believe that modern behavior analysis provides that account.Similarly, the paper argues that “reinforcers are not just things that follow behavior, but also, and above all, values that guide our life.” Again what is missing is an account of the precise behavioral basis for the distinction.In an attempt to do this, the authors incorrectly analyze operant behavior as future oriented, even appealing to final causality. In the three-term contingency, the discriminative stimulus sets the occasion for reinforcement of a particular behavior. The behavior of interest has been reinforced in similar contexts in the past, which gives... (shrink)

Amid the highly industrialized, export-focused food system of the Canadian prairies, some farmers and consumers are turning to localized agriculture as an alternative—they are “going local”. Despite farmers’ obvious importance to the food system, surprisingly little research has examined their motivations and reasons for localization. To date, most local food scholarship in North America has focused on either consumers’ motivations to buy local or the systemic aspects of local food, such as regulations, infrastructure, and marketing arrangements. Existing research suggests that (...) local food systems are supported by consumers’ rejection of the industrial paradigm and desire to connect with their food and its source. But what drives farmers to localize, particularly when export-focused production is firmly entrenched as the status quo? Based on interviews and focus groups with 60 farmers, processors, policy experts, and retailers in the Canadian prairie province of Saskatchewan, this paper examines local food systems from the producer perspective in a rural context of high industrialization and geographical dispersion. We examine what motivates farmers to produce for local markets, and what forces they must resist to do so. The findings indicate that farmers’ main motivations for localization are political and social in nature, and stem from a critique of the dominant neoliberal agri-food system. We map farmers’ agential responses to this dominant system on a spectrum that ranges from acceptance of a neoliberal “feed the world” ideology to promotion of food sovereignty. Drawing on farmers’ perspectives, our findings question the straightforward equation of local food with environmental sustainability and also challenge neoliberal economic assumptions of “scaling up”. (shrink)

Whether ethics is too important to be left to the experts or so important that it must be is an age-old question. The emergence of clinical ethicists raises it again, as a question about professionalism. What role clinical ethicists should play in healthcare decision making – teacher, mediator, or consultant – is a question that has generated considerable debate but no consensus.