Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample (...) codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide. (shrink)

_William Empson: Prophet Against Sacrifice_ provides the most coherent account of Empson's diverse career to date. While exploring the richness of Empson's comic genius, Paul H. Fry serves to discredit the appropriation of his name in recent polemic by the conflicting parties of deconstruction and politicized cultural criticism. He argues that Empson is a larger, more important figure than the orthodox in either camp can acknowledge, deserving to be considered alongside such versatile critics as Walter Benjamin, Kenneth Burke and (...) Roland Barthes. (shrink)

This is a collection of papers that helped shape the field of formal semantics in linguistics.

_William Empson: Prophet Against Sacrifice_ provides the most coherent account of Empson's diverse career to date. While exploring the richness of Empson's comic genius, Paul H. Fry serves to discredit the appropriation of his name in recent polemic by the conflicting parties of deconstruction and politicized cultural criticism. He argues that Empson is a larger, more important figure than the orthodox in either camp can acknowledge, deserving to be considered alongside such versatile critics as Walter Benjamin, Kenneth Burke and (...) Roland Barthes. (shrink)

Paul H Hirst; Forms of Knowledge—A reply to Elizabeth Hindess, Journal of Philosophy of Education, Volume 7, Issue 2, 30 May 2006, Pages 260–271, https://doi.or.

It has long been held that humans need government to impose social order on a chaotic, dangerous world. How, then, did early humans survive on the Serengeti Plain, surrounded by faster, stronger, and bigger predators in a harsh and forbidding environment? Pirates, Prisoners, and Lepers examines an array of natural experiments and accidents of human history to explore the fundamental nature of how human beings act when beyond the scope of the law. Pirates of the 1700s, the leper colony on (...) Molokai Island, prisoners of the Nazis, hippie communes of the 1970s, shipwreck and plane crash survivors, and many more diverse groups--all existed in the absence of formal rules, punishments, and hierarchies. Paul and Sarah Robinson draw on these real-life stories to suggest that humans are predisposed to be cooperative within limits. What these "communities" did and how they managed have dramatic implications for shaping our modern institutions. Should today's criminal justice system build on people's shared intuitions about justice? Or are we better off acknowledging this aspect of human nature but using law to temper it? Knowing the true nature of our human character and our innate ideas about justice offers a roadmap to a better society. (shrink)

Conventionality and aptness are two dimensions of metaphorical sentences thought to play an important role in determining how quick and easy it is to process a metaphor. Conventionality reflects the familiarity of a metaphor whereas aptness reflects the degree to which a metaphor vehicle captures important features of a metaphor topic. In recent years it has become clear that operationalizing these two constructs is not as simple as asking naïve raters for subjective judgments. It has been found that ratings of (...) aptness and conventionality are highly correlated, which has led some researchers to pursue alternative methods for measuring the constructs. Here, in four experiments, we explore the underlying reasons for the high correlation in ratings of aptness and conventionality, and question the construct validity of various methods for measuring the two dimensions. We find that manipulating the processing fluency of a metaphorical sentence by means of familiarization to similar senses of the metaphor (“in vivo conventionalization”) influences ratings of the sentence's aptness. This misattribution may help explain why subjective ratings of aptness and conventionality are highly correlated. In addition, we find other reasons to question the construct validity of conventionality and aptness measures: for instance, we find that conventionality is context dependent and thus not attributable to a metaphor vehicle alone, and we find that ratings of aptness take more into account than they should. (shrink)

Paul H Hirst; Language and Thought, Journal of Philosophy of Education, Volume 1, Issue 1, 30 May 2006, Pages 63–75, https://doi.org/10.1111/j.1467-9752.1967.tb.

What are we doing to our climate? Emissions from fossil fuel burning have raised carbon dioxide concentrations 35 percent higher than in the past millions of years. This increase is warming our planet via the greenhouse effect. What is climate change doing to and for us? Dry regions are drier and wet ones wetter. Wildfires have increased threefold, hurricanes more violent, floods setting record heights, glaciers melting, and seas rising. Parts of Earth are increasingly uninhabitable. Climate change requires us to (...) act as a global community. Climate justice enjoins emitters to pay the social‐environmental costs of fossil fuel burning. This would expedite green solar, wind, and next‐generation nuclear energy sources. Individuals should conserve resources, waste less food, and eat a plant‐rich diet. (shrink)

Analytic philosophy took a wrong turn when it rehabilitated direct realism. From the perspective of cognitive science, it seems that we can have the directness-claim or the realism-claim but not both together. Up until the mid-1900s the vast majority of philosophers dismissed direct realism as hopelessly naïve, but by the close of the century it had become the orthodoxy within analytic philosophy. In contrast, mainstream cognitive science has remained constant in its opposition to the directness-claim, and when the directness-claim is (...) maintained, by an avowedly-radical minority, it is at the expense of the realism-claim. (shrink)

What is our nature? : What does government do for us, and to us? -- Cooperation : lepers & pirates -- Punishment : Drop City & the utopian communes -- Justice : 1850's San Francisco & the California gold rush -- Injustice : the Attica uprising & the Batavia shipwreck -- Survival : the Inuits of King William Land & the mutineers on Pitcairn Island -- Subversion : hellships & prison camps -- Credibility : America's prohibition -- Excess : committing (...) felony murder while asleep in bed & life in prison for an air-conditioning fraud -- Failure : getting away with murder beyond a reasonable doubt -- Collapse : Escobar's Colombia -- Taking justice seriously five proposals -- Epilogue : what are they doing now? (shrink)

Degeneracy is a poorly understood process, essential to natural selection. In the 18th and 19th centuries, the concept of degeneracy was commandeered by the colonial imagination. A rigid understanding of species, race, and culture grew to dominate the normative thinking that persisted well into the burgeoning new industrial age. A 20th-century reconfiguration of the concept by George Gamow highlighted a form of intraorganismic variation that is still underexplored. Degeneracy exists in a population of variants where structurally different components perform a (...) similar, but not necessarily identical, function with respect to context. The presence of degeneracy increases a system’s complexity and robustness against perturbations. The loss of a genetic component in biological systems, for example, can be compensated by redundant elements , or by degenerate elements . A historical survey of the use of the term “degeneracy” reveals how and why the processes it once designated, and the mechanisms it now represents, have largely escaped the purview of contemporary science. Despite confusion and general oversight, degeneracy has been characterized by select researchers at the molecular, genetic, and neuronal levels. The concept is a potent analytical tool to understand selection, variation, and transmission. (shrink)

A defining characteristic of primary emotions is that they occur in wide variety of species. Secondary emotions are thought to be restricted to humans and other primates. We report evidence from two studies investigating claims of primary and secondary emotions in non-primate species. Study 1. We surveyed 907 owners about emotions that they had observed in their animal. Participants reported primary emotions more frequently than secondary emotions and self-conscious emotions more frequently than self-conscious evaluative emotions. Jealousy was reported at very (...) high levels (81% of dogs and 79% of horses), which was surprising as jealousy is generally defined as a secondary emotion. Study 2. Forty dog owners were interviewed about the contexts and behaviours that led them to claim their animal was jealous. There was coherence and consistency in the behavioural descriptions of jealousy. We claim that such reports provide evidence for the existence of secondary emotions in non-primate species as predicted by theorists such as Buck (Citation1999). (shrink)

Representationalism (aka intentionalism) has been the most significant weapon in the late twentieth century defence of direct realism. However, although the representationalist objection to the Phenomenal Principle might provide an effective response to the arguments from illusion and hallucination, plausible representationalist theories of perception are, when fleshed-out, incompatible with metaphysical direct realism’s directness-claim. Indeed within cognitive science, direct perception is the avowedly-radical anti-representationalist heterodoxy. Drawing on both the philosophy and cognitive science, we develop a robust argument against representationalist direct realism (...) which does not rest on illusory cases or the notion of an object of immediate awareness. None of the representations so far posited, or in prospect, can supply the content required of a representation in a direct realist theory of veridical perception. (shrink)

Paul H Hirst; Forms of Knowledge—A reply to Elizabeth Hindess, Journal of Philosophy of Education, Volume 7, Issue 2, 30 May 2006, Pages 260–271, https://doi.or.

The availability of diverse sources of data related to health and illness from various types of modern communication technology presents the possibility of augmenting medical knowledge, clinical care, and the patient experience. New forms of data collection and analysis will undoubtedly transform epidemiology, public health, and clinical practice, but what ethical considerations come in to play? With a view to analysing the ethical and regulatory dimensions of burgeoning forms of biomedical big data, Brent Daniel Mittelstadt and Luciano Floridi have brought (...) together thirty scholars in an edited volume that forms part of Springer’s Law, Governance and Technology book series in a collection titled The Ethics of Biomedical Big Data. With eighteen chapters partitioned into six carefully devised sections, this volume engages with core theoretical, ethical, and regulatory challenges posed by biomedical big data. (shrink)

ABSTRACTMetaphors pervade discussions of critical issues and influence how people reason about these domains. For instance, when crime is a beast people are more likely to suggest enforcement-oriented approaches to crime-reduction ; reading that crime is a virus, on the other hand, leads people to suggest systemic reforms for the affected community. In the current study, we find that extending metaphoric language into the descriptions of policy interventions bolstered the persuasive influence of metaphoric frames for important issues. That is, in (...) response to a crime virus people were even more likely to endorse social reforms that were described as “treatments,” while in response to a crime beast people were even more likely to endorse “attacking” the problem with harsh enforcement tactics. Of note, people were not simply drawn to extensions of previously instantiated metaphors: when extended metaphors were paired with a conceptually incongruent policy intervention (e... (shrink)

Intellectual humility, which entails openness to other views and a willingness to listen and engage with them, is crucial for facilitating civil dialogue and progress in debate between opposing sides. In the present research, we tested whether intellectual humility can be reliably detected in discourse and experimentally increased by a prior self-affirmation task. Three-hundred and three participants took part in 116 audio and video-recorded group discussions. Blind to condition, linguists coded participants’ discourse to create an intellectual humility score. As expected, (...) the self-affirmation task increased the coded intellectual humility, as well as participants’ self-rated prosocial affect (e.g., empathy). Unexpectedly, the effect on prosocial affect did not mediate the link between experimental condition and intellectual humility in debate. Self-reported intellectual humility and other personality variables were uncorrelated with expert-coded intellectual humility. Implications of these findings for understanding the social psychological mechanisms underpinning intellectual humility are considered. (shrink)

Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a rational (...) analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal justice realities such as low punishment rates. These conclusions are reinforced by studies of crime rates following rule changes. Many show no change in deterrent effect. Those that purport to show a deterrent effect commonly have persuasive non-deterrence explanations, such as a change in incapacitative effect. The few studies that segregate deterrent and incapacitative effects tend to reinforce the conclusion that rule formulation has a deterrent effect only in those unusual situations in which the preconditions to deterrence exist. Even there, the deterrent effects are quite minor and unpredictable, hence inadequate grounds to influence criminal law rule making. (shrink)

If James has a latent tuberculosis infection , he is at risk of developing active tuberculosis disease but he is not yet sick. LTBI is a liminal space between health and illness. Diagnosed with LTBI, James could be conceptualised as having a liminal body. Treatments for LTBI are available, but why would a person seek treatment for a disease he does not yet have? One thing is definite: James needs to be educated about the symptoms and severity of active tuberculosis (...) disease. (shrink)

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and (...) a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also illustrate the dependence of social order and cooperation on a group's commitment to justice. The insights from the absent-law situations have implication for several modern criminal justice issues, including the appropriate distributive principle for criminal liability and punishment, restorative justice programs, the movement to promote non-incarcerative sanctions, transitional justice and truth commissions, the use-of-force rules under international law, the procedures for fairness in criminal adjudication, and crime-control policies in fighting organized crime and terrorism. (shrink)

This volume brings together a collection of essays, many of them scholarly classics, which form part of the debate around three questions central to criminal law theory: firstly, what conduct should be necessary for criminal liability, and what sufficient? Secondly, what culpability should be necessary for criminal liability, and what sufficient? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure.

The articulation of critical dialects of psychology has typically involved a questioning of the foundational assumptions of the so-called mainstream. This has included critiques in the name of more adequate scientific foundations, but more recently these have been accompanied by critiques in the name of an absence of foundations altogether, and critiques that suggest a rethinking of the concept of foundation. These latter versions are usually influenced by the great 20 th Century non-foundational philosophies of figures such as Bergson, Whitehead, (...) Wittgenstein and Heidegger, or by related thinkers such as Deleuze, Serres, Luhmann, Butler and Stengers. In foregrounding themes of process and multiplicity such thinkers provide potent tools for critically rethinking psychological questions. Less positive has been a tendency amongst critical psychologists to polarise natural and social scientific issues and to associate the former with negative images (all that is static, mechanistic, essentialist and conservative). This can lead to a formulaic criticality in which arguments for nature are bad, and those for culture are good. Deconstruction comes to appear simply as an assertion of ‘the discursive construction of’ whatever phenomenon is under scrutiny. To counteract this trend, the proposed paper will discuss a process approach to ontology that welcomes contributions from the natural sciences as well as the humanities and social sciences. (shrink)

In the area of investment, responsibility may be expressed via four types of ethical concern: value-based ethics resulting in the exclusion of so-called "vicious" companies from the investment portfolio; fructification-oriented ethics with a view to long-term investment; consequence-based ethics aimed at initiating a behavioural change in the investment target; and ethics envisaged as a discriminating criterion in the search of the best financial performance. No single formula of responsible investment is available, and the "responsible" approach necessarily implies the active involvement (...) of a free acting subject striving to tackle fundamental ethical issues. The practice of responsible investment cannot be reduced to simply applying a particular legal rule or mathematical formula. (shrink)

The case outlined below is the basis for the In That Case section of the “Ethics and Epistemology of Big Data” symposium. Jordan receives reports from two separate personal genomic tests that provide intriguing data about ancestry and worrying but ambiguous data about the potential risk of developing Alzheimer’s disease. What began as a personal curiosity about genetic inheritance turns into an alarming situation of medical uncertainty. Questions about Jordan’s family tree are overshadowed by even more questions about Alzheimer’s disease (...) and healthy ageing. As a parent, Jordan is unsure whether to share these results and what it would mean for their children to learn about their genetic inheritance and potential future health. Furthermore, Jordan is unsure how to make sense of these reports in light of current knowledge of the risk factors for Alzheimer’s disease and in the absence of effective treatments or robust preventative guidelines. (shrink)

With attention to the experiences, agency, and rights of tuberculosis patients, this symposium on TB and ethics brings together a range of different voices from the social sciences and humanities. To develop fresh insights and new approaches to TB care and prevention, it is important to incorporate diverse perspectives from outside the strictly biomedical model. In the articles presented in this issue of the Journal of Bioethical Inquiry, clinical experience is married with historical and cultural context, ethical concerns are brought (...) to bear on global health, and structural analyses shed light upon the lived experience of people living with TB. The relational and reciprocal dimensions of care feature strongly in these discussions, which serve as a poignant reminder that behind each of the yearly deaths from TB is a deeply personal story. No single discipline holds a monopoly on how to care for each of these people, but strong cases are made for support from mental health and social workers in addressing the kaleidoscope of needs in TB prevention. As the World Health Organization moves towards the goal of eliminating TB globally by 2050, attending to the needs of TB patients serves global interests to lower disease burden and to develop better integrated communities worldwide. (shrink)

Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample (...) codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide. (shrink)