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)

The idea that crimes can usefully be understood as ‘public wrongs’, and that this can generate a plausible principle of criminalisation, has found some support in recent years; it has also been subjected to some sharp criticism. This paper aims to sketch the most plausible version of that idea, and to show how, once properly explained, it is not vulnerable to those criticisms. After a brief defence of the negative principle, that we may not criminalise conduct that does not constitute (...) a public wrong, it explains the positive principle, that we have reason to criminalise conduct if it constitutes a public wrong, by drawing an analogy between criminal law and codes of professional ethics, and by appealing to the idea of civil order, as the normative structure of a polity—a structure that criminal law helps both to constitute and to sustain. Four objections are then met: that this account implies an unacceptable relativism; that it distorts the reasons that bear on criminalisation; that it cannot make room for those who do not identify themselves with the polity in which they live; and that it implies an unrealistically demanding conception of what is required for a polity to exist. (shrink)

The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.

The present study applies a new method for investigating dynamic unconscious processes. The method consists of selection of words from patient interview and test protocols that in the clinicians' judgments capture the patients' conscious symptom experience and the hypothetical unconscious conflict related to the symptom, subliminal and supraliminal presentation of these words, signal analysis of event-related potentials obtained to the word presentations. Eight phobics and three patients suffering from pathological grief reactions served as subjects. A time-frequency ERP analysis revealed that (...) subjects' ERPs classified the unconscious conflict words better subliminally than supraliminally, while the reverse was true for the conscious symptom words = 2.82, p = .011). The relationship between frequency and latency revealed a similar mirror image pattern for the unconscious conflict and conscious symptom words . This method demonstrated that objective, brain-based evidence for unconscious conflict can be obtained. (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.

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James (...) Phelan, and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

© 2017. The American Astronomical Society. All rights reserved.We present new observations of the low-mass companion to HD 984 taken with the Gemini Planet Imager as a part of the GPI Exoplanet Survey campaign. Images of HD 984 B were obtained in the J and H bands. Combined with archival epochs from 2012 and 2014, we fit the first orbit to the companion to find an 18 au orbit with a 68% confidence interval between 14 and 28 au, an eccentricity (...) of 0.18 with a 68% confidence interval between 0.05 and 0.47, and an inclination of 119°with a 68% confidence interval between 114°and 125°. To address the considerable spectral covariance in both spectra, we present a method of splitting the spectra into low and high frequencies to analyze the spectral structure at different spatial frequencies with the proper spectral noise correlation. Using the split spectra, we compare them to known spectral types using field brown dwarf and low-mass star spectra and find a best-fit match of a field gravity M6.5 ±1.5 spectral type with a corresponding temperature of K. Photometry of the companion yields a luminosity of log=2.88 ± 0.07 dex with DUSTY models. Mass estimates, again from DUSTY models, find an age-dependent mass of 34 ±1 to 95 ±4 M Jup. These results are consistent with previous measurements of the object. (shrink)

In addition to an exceptional readability, these systematic reflections on the logical and explanatory nature of natural science have as their chief merit the well-executed resolve of their author to locate science as a logically structured and confirmed body of knowledge within the broader context of science as a human activity, involving indispensible personal and intersubjective dimensions. Nash combines this sensitivity with an impressive grasp of the history of modern science, and the book as a whole is sprinkled with uniformly (...) apropos quotations from scientists and philosophers of science. Unfortunately, however, natural science becomes uncritically identified with science as such, i.e., our total systematic, rational picture of the world; and Nash has not marshalled anything near the epistemological resources required to support his version of scientific realism. Consequently, the book provides little for the philosopher of science to get excited about, though it might be useful for cross-disciplinary purposes and would provide a good introduction for the educated layman.—E. A. R. (shrink)

This book is a collection consisting of an introduction and nine essays that explore foundational aspects of criminal law. As the introduction makes clear, the book is eclectic and the essays can be classified under three main headings. The first group of essays explores the political constitution of criminal law as part of the institutional structure of the state. The second group of essays investigates the question of the authority of criminal law and its potential to create reasons for action. (...) The third group deals with transnational and international criminal law. The essays are primarily normative but they also contain historical and sociological discussions. The book will therefore be of interest to criminal lawyers, political and legal philosophers, political scientists and policy-makers. I will review separately some of the essays.Nicola Lacey’s essay, “What Constitutes Criminal Law?,” touches upon the fundamental question of criminal law: the question of legitimation. Lacey ap .. (shrink)

Margaret Reynolds: The Child in Poetry Ken Binmore: The Origins of Fair Play James Simpson: Bonjour Paresse: Waste and Recycling in Book 4 of Gower's Confessio Amantis Ian Hacking: Kinds of People: Moving Targets Adam Smith: Nation and Covenant: The Contribution of Ancient Israel to Modern Nationalism Louise Daston: The Marquis de Condorcet and the Meaning of Enlightenment R J Evans: Coercion and Consent in Nazi Germany Robert Douglas-Fairhurst: A E Housman's Rejected Addresses Bernard Bailyn: The Search for Perfection: Atlantic (...) Dimensions John Stachel: Einstein; Ian Donaldson, Shakespeare, Jonson and the Invention of the Author Neil MacCormick: Judicial Independence: Who Cares? Norman Hammond: Recovering Maya Civilisation Roy Foster: 'Now Shall I Make My Soul': Approaching Death in Yeats's Life and Work Robert Darnton: The Devil in the Holy Water: Political Libel in Eighteenth-Century France. (shrink)

From the beginning of the seventeenth century it has generally been held that the second Medicean is the parent of all the other extant manuscripts. In two articles C. W. Mendell has demonstrated that Leidensis B.P.L. 16. B is the manuscript once owned by Rudolphus Agricola and later by Th. Ryck, whose edition makes frequent allusion to its readings. Mendell's attempt to show further that L represents a tradition independent of the Medicean has found little support until recently, when E. (...) Koestermann, in the course of preparing the latest Teubner edition of Annals and Histories became convinced from his own study of L that Mendell's view—in spite of some arguments of dubious validity—was essentially correct. In an article in Philologus and in the preface to his edition of Histories Koestermann has marshalled the arguments which he believes prove L's independence of the Medicean line of descent. Since the new valuation that Koestermann puts upon L has produced a drastic revision of both text and apparatus criticus in his new editions, it may be worth while to examine the evidence that Koestermann adduces in support of his belief in L's independence. (shrink)

From the beginning of the seventeenth century it has generally been held that the second Medicean is the parent of all the other extant manuscripts. In two articles C. W. Mendell has demonstrated that Leidensis B.P.L. 16. B is the manuscript once owned by Rudolphus Agricola and later by Th. Ryck, whose edition makes frequent allusion to its readings. Mendell's attempt to show further that L represents a tradition independent of the Medicean has found little support until recently, when E. (...) Koestermann, in the course of preparing the latest Teubner edition of Annals and Histories became convinced from his own study of L that Mendell's view—in spite of some arguments of dubious validity—was essentially correct. In an article in Philologus and in the preface to his edition of Histories Koestermann has marshalled the arguments which he believes prove L's independence of the Medicean line of descent. Since the new valuation that Koestermann puts upon L has produced a drastic revision of both text and apparatus criticus in his new editions, it may be worth while to examine the evidence that Koestermann adduces in support of his belief in L's independence. (shrink)

This essay considers the issue of informed consent as it arose in the context of 1960s living kidney donors. In one of the earliest empirical inquiries into informed consent, psychiatrists Carl H. Fellner and John R. Marshall interviewed donors about their decision‐making process and their experience and reflections on donorship. In their much‐cited 1970 paper, the physicians reported that living donors, rather than reaching a reasoned, intellectual, and unemotional decision about donating a kidney (as stipulated in the Ethical Guidelines (...) for Organ Transplantation issued by the American Medical Association's Judicial Council), instead made instantaneous and “irrational” decisions about participation. Fellner and Marshall's studies contributed to the public debate and professional discussion about the moral and ethical dimensions of donorship, even as they challenged the developing consensus on informed consent. (shrink)

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

There has long been interest in why languages are shaped the way they are, and in the relationship between sign language and gesture. In sign languages, entity classifiers are handshapes that encode how objects move, how they are located relative to one another, and how multiple objects of the same type are distributed in space. Previous studies have shown that hearing adults who are asked to use only manual gestures to describe how objects move in space will use gestures that (...) bear some similarities to classifiers. We investigated how accurately hearing adults, who had been learning British Sign Language for 1–3 years, produce and comprehend classifiers in locative and distributive constructions. In a production task, learners of BSL knew that they could use their hands to represent objects, but they had difficulty choosing the same, conventionalized, handshapes as native signers. They were, however, highly accurate at encoding location and orientation information. Learners therefore show the same pattern found in sign-naïve gesturers. In contrast, handshape, orientation, and location were comprehended with equal accuracy, and testing a group of sign-naïve adults showed that they too were able to understand classifiers with higher than chance accuracy. We conclude that adult learners of BSL bring their visuo-spatial knowledge and gestural abilities to the tasks of understanding and producing constructions that contain entity classifiers. We speculate that investigating the time course of adult sign language acquisition might shed light on how gesture became conventionalized during the genesis of sign languages. (shrink)

This article looks at social entrepreneurs that operate for-profit and internationally, offering that international for-profit social entrepreneurs (IFPSE) are of a unique type. Initially, this article utilizes the entrepreneurship, social entrepreneurship, and international entrepreneurship literatures to develop a definition of the IFPSE. Next, a proposed model of the IFPSE is built utilizing the dimensions of mindset, opportunity recognition, social networks, and outcomes. Case studies of three IFPSE are then used to examine the proposed model. In the final section, findings from (...) the case studies are used to examine the proposed model and more fully elucidate the dimensions of the IFPSE. (shrink)

Marcus Giaquinto claims that finite cardinal numbers are sensible properties, and that the smallest ones are known by acquaintance. In this paper I compare Giaquinto’s epistemology to the Russellian one with which it invites comparison, before showing how it is subject to a version of Jody Azzouni’s “epistemic role” objection. Then I argue that the source of this problem is Giaquinto’s misconception that numbers, like quantities, are sensible properties. Finally, I offer a sketch of a theory of how we grasp (...) finite cardinals on the assumption that they are not sensible, and show why this is not subject to the epistemic role objection. (shrink)

In industries populated by small and medium enterprises, managers' good intentions frequently incur barriers to superior environmental performance (Tilley, Bus Strategy Environ 8:238-248, 1999). During the period when the U.S. wine industry was beginning to promote voluntary adoption of sound environmental practices, we examined managers' attitudes, norms, and perceptions of stakeholder pressures to assess their intentions to implement environmental management programs (EMP). We found that managers within the simple structures of these small and medium firms are responsive to attitudes, norms, (...) and pressures from internal stakeholders and that voluntarily established EMP increased the success of firms' implementation of energy conservation and recycling practices. Applications of our findings to future research on small and medium enterprises as well as direct practical applications of our results are discussed. (shrink)

In the face of environmental crises such as climate change, pollution and biodiversity loss—which all adversely impact on health—Gils-Schmidt and Salloch explore whether physicians can be justified in taking climate issues into account in clinical care.1 While their approach centres on the ‘climate-sensitive’ decisions, physicians can carry out on the micro-level of clinical decision-making, they encourage further discussions on how climate-related issues can be included across different levels of decision-making in healthcare. We propose a list of tasks and a model (...) to assist with navigating the range of factors and structural elements an environmentally sensitive ethics must address. Stephen Gardiner’s notion of a perfect moral storm is central to understanding these issues.2 Gardiner describes how a perfect moral storm occurs in the centre of three overlapping conditions for human action and policymaking in the face of climate change. This storm is driven by: (1) a lack of interest among current generations to meet global needs and accommodate the well-being of future generations, (2) a lack of ecological concerns for other parts of nature than humans and (3) weak ethical and political theories and institutions shaping policy decisions on issues with severe implications across borders and generations. Moreover, these conditions are embedded in the existing, complex world of ethically unjustified power imbalances and social injustice. The growing awareness of healthcare’s climate footprint has amplified and accelerated global, grassroots action to make healthcare more environmentally friendly. This includes incorporating environmental impacts into quality improvement methodologies, building communities of practice to explore how to make …. (shrink)

abstract: Religion for many of Canada's earliest Chinese community was not about faith or belief in God, the Buddha, or the Goddess of Compassion (Guanyin). While the majority of Chinese migrants did not convert to Christianity or Buddhism before 1947, a very large number of them joined and became converted to Chinese nationalism (Zhongguo guomindang, aka KMT). This paper reflects on the findings of sixteen years of ethnographic and archival research to understand how sixty-two years of institutionalized racism in Canada, (...) along with bioregionalism and the built environment, determined Chinese migrant religious identities and behaviors in Canada up to 1947. Different Canadian provinces not only had different race-based laws that restricted individual rights and freedoms, they also had varying bioregional characteristics that influenced experiences and interactions with the built environments of churches, temples, and clubhouses. Chinese migrants adapted to legislation that limited their personal rights and freedoms by being efficacious or ling by professing Christian identities in public settings. They might have made offerings to Buddhist deities and frequented Buddhist temples in their home village before migration. But in Canada, being Buddhist was associated with being Japanese, and it was efficacious to be a practicing Buddhist in private. For Canada's Chinese migrants, it was conversion to Chinese nationalism and the veneration of Sun Yat-sen that was the epitome of ling. Being a devoted member met important practical as well as spiritual needs. (shrink)