In the 11th chapter of the second book of Samuel, we read how King David saw Bathsheba in the evening: ‘v.2. And it came to pass in an eveningtide, that David arose from off his bed, and walked upon the roof of the king's house: and from the roof he saw a woman washing herself; and the woman was very beautiful to look upon.’.
Criminal attempts, it is often said, are crimes of intention. While many complete crimes can be committed recklessly, criminal attempts require “purposive conduct”; in attempts “the intent is the essence of the crime.” But what kind of intention is required; what must be intended, or purposed, by someone who is to be guilty of a criminal attempt?
Two treatises on memory which have come down to us from antiquity are Aristotle’s “On memory and recollection” and Plotinus’ “On perception and memory” ; the latter also wrote at length about memory in his “Problems connected with the soul”. In both authors memory is treated as a ‘modest’ faculty: both authors assume the existence of a persistent subject to whom memory belongs; and basic cognitive capacities are assumed on which memory depends. In particular, both theories use phantasia to explain (...) memory. Aristotle takes representations to be changes in concrete living things which arise from actual perception. To be connected to the original perception the representation has to be taken as a copy of the original experience ‑ this is the way Aristotle defines memory at the end of his investigation. Plotinus does not define memory: he is concerned with the question of what remembers. This is of course the soul, which goes through different stages of incarnation and disincarnation. Since the disembodied soul can remember, so he does not have Aristotle’s resources for explaining the continued presence of representations as changes in the concrete thing. Instead, he thinks that when acquiring a memory we acquire a capacity in respect of the object of the memory, namely to make it present at a later time. (shrink)
Gender-Affirming healthcare (GAH) interventions are medical or surgical interventions that aim to allow trans and non-binary people to better affirm their gender identity. It has been argued that rights to GAH must be grounded in either a right to be cured of or mitigate an illness—gender dysphoria—or in harm-prevention, given the high rates of depression and suicide amongst trans and non-binary people. However, these grounds of a right to GAH conflict with the prevalent view amongst theorists, institutions, and activists that (...) trans and non-binary people do not have a mental illness and that one can be trans and entitled to GAH without being depressed or suicidal. This paper challenges the orthodoxy that a right to GAH must be grounded in either of these ways and instead argues for a right to GAH grounded in a right to live and act with integrity. The standard view, which this paper explains and defends, is that our rights to live and act with integrity ground a right to religious accommodation in many cases such as a right to not be denied social security due to one’s refusal to work a job on a holy day. This paper argues that if our rights to live and act with integrity can ground prima facie rights to religious accommodation, our rights to live and act with integrity ground prima facie rights to GAH. (shrink)
After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...) entire realm of wrongdoing, but with conduct falling within the public realm of our civic life; the need to look at the different processes of criminalization, and to ask what kinds of consideration can properly figure in those processes; the need to attend to the relationship, and the essential differences, between criminal law and other modes of legal regulation. (shrink)
This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper (...) scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis. (shrink)
This article draws on scientific explanations of obesity to motivate the creation of a system of paternalistic public health interventions into the obesity epidemic. Libertarian paternalists argue that paternalism is warranted in light of the cognitive limits of human decision-making abilities. There are further, specific biological limits on our capacity to choose and maintain a healthy diet. These biological facts strengthen the general motivation for libertarian paternalism. As a consequence, the creation of a system of paternalistic public health interventions into (...) the obesity epidemic is warranted. (shrink)
25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have (...) pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world.Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years. (shrink)
This paper considers recent heated debates led by Jerry A. Coyne andMichael J. Wade on issues stemming from the 1929–1962 R.A. Fisher-Sewall Wrightcontroversy in population genetics. William B. Provine once remarked that theFisher-Wright controversy is central, fundamental, and very influential.Indeed,it is also persistent. The argumentative structure of therecent (1997–2000) debates is analyzed with the aim of eliminating a logicalconflict in them, viz., that the two sides in the debates havedifferent aims and that, as such, they are talking past each other. (...) Given aphilosophical analysis of the argumentative structure of the debates,suggestions supportive of Wade's work on the debate are made that areaimed, modestly, at putting the persistent Fisher-Wright controversy on thecourse to resolution. (shrink)
Working memory--the ability to keep important information in mind while comprehending, thinking, and acting--varies considerably from person to person and changes dramatically during each person's life. Understanding such individual and developmental differences is crucial because working memory is a major contributor to general intellectual functioning. This volume offers a state-of-the-art, integrative, and comprehensive approach to understanding variation in working memory by presenting explicit, detailed comparisons of the leading theories. It incorporates views from the different research groups that operate on each (...) side of the Atlantic, and covers working-memory research on a wide variety of populations, including healthy adults, children with and without learning difficulties, older adults, and adults and children with neurological disorders. A particular strength of this volume is that each research group explicitly addresses the same set of theoretical questions, from the perspective of both their own theoretical and experimental work and from the perspective of relevant alternative approaches. Through these questions, each research group considers their overarching theory of working memory, specifies the critical sources of working memory variation according to their theory, reflects on the compatibility of their approach with other approaches, and assesses their contribution to general working memory theory. This shared focus across chapters unifies the volume and highlights the similarities and differences among the various theories. Each chapter includes both a summary of research positions and a detailed discussion of each position. Variation in Working Memory achieves coherence across its chapters, while presenting the entire range of current theoretical and experimental approaches to variation in working memory. (shrink)
We construct a nonlow2 r.e. degree d such that every positive extension of embeddings property that holds below every low2 degree holds below d. Indeed, we can also guarantee the converse so that there is a low r.e. degree c such that that the extension of embeddings properties true below c are exactly the ones true belowd.Moreover, we can also guarantee that no b ≤ d is the base of a nonsplitting pair.
Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political (...) and social conflicts. The volume as a whole shows how lively and exciting contemporary legal theory can be. (shrink)
After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...) should determine the proper scope of the criminal law. (shrink)
"Making the Human Mind" is an attack on the widespread assumption that the mind has parts and that it is the interaction between these parts which accounts for some of the most characteristic human behaviour, the sorts of irrational behaviour displayed in self-deception and weakness of will. The implications of this attack are considerable: Professor Sharpe contests a realism about the mind, the belief that there is an inventory which an all-seeing deity could compile and which could contain answers to (...) all the questions we could ask about people. With this goes a hermeneutic approach to the understanding of human behaviour: these forms of understanding are markedly different from that suggested by the scientific model and favoured by those who partition the mind. Finally, the author undermines eliminative materialism and the idea that the way we talk about the mind constitutes a "folk psychology", arguing that what is distinctively human about the human mind has been created by self-consciousness and is self-created. (shrink)
This lively and lucid introduction to the philosophy of music concentrates on the issues that illuminate musical listening and practice. It examines the conceptual debates relevant to the understanding and performing of music and grounds the philosophy to practical matters throughout. Ideal for a beginning readership with little philosophical background, the author provides an overview of the central debates enlivened by a real sense of enthusiasm for the subject and why it matters. The book begins by filling in the historical (...) background and offers readers a succinct summary of philosophical thinking on music from the Ancient Greeks to Eduard Hanslick and Edmund Gurney. Chapter 2 explores two central questions: what is it that makes music, or, to be precise, some pieces of music, works of art? And, what is the work of music per se? Is it just what we hear, the performance, or is it something over and above that, something we invent or discover? Chapter 3 discusses a problem pecullar to music and one at the heart of philosophical discussion of it, can music have a meaning? And if so, what can it be? Chapter 4 considers whether music can have value. Are there features about music that make it good, features which can be specified in criteria? Is a work good if and only if it meets with the approval of an ideally qualified listener? How do we explain differences of opinion? Indeed, why do we need to make judgements of the relative value of pieces of music at all? This engaging and stimulating book will be of interest to students of aesthetics, musical practitioners and the general reader looking for a non-technical treatment of the subject. (shrink)
Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...) fruitful way of understanding punishment's meaning and justification. Duff addresses such questions as how much sentences should be constrained by proportionality requirements; what modalities of punishment best communicate their intended meaning; and what decisionmaking procedures he envisions. This book will appeal to criminologists, philosophers, and others interested in theories of punishment. (shrink)
This essay examines the origin of genotype-environment interaction, or G×E. "Origin" and not "the origin" because the thesis is that there were actually two distinct concepts of G×E at this beginning: a biometric concept, or \[G \times E_B\], and a developmental concept, or \[G \times E_D \]. R. A. Fisher, one of the founders of population genetics and the creator of the statistical analysis of variance, introduced the biometric concept as he attempted to resolve one of the main problems in (...) the biometric tradition of biology - partitioning the relative contributions of nature and nurture responsible for variation in a population. Lancelot Hogben, an experimental embryologist and also a statistician, introduced the developmental concept as he attempted to resolve one of the main problems in the developmental tradition of biology - determining the role that developmental relationships between genotype and environment played in the generation of variation. To argue for this thesis, I outline Fisher and Hogben's separate routes to their respective concepts of G × E; then these separate interpretations of G × E are drawn on to explicate a debate between Fisher and Hogben over the importance of G × E, the first installment of a persistent controversy. Finally, Fisher's \[G \times E_B\] and Hogben's \[G \times E_D \] are traced beyond their own work into mid-2Oth century population and developmental genetics, and then into the infamous IQ Controversy of the 1970s. (shrink)
We present an account of processing capacity in the ACT-R theory. At the symbolic level, the number of chunks in the current goal provides a measure of relational complexity. At the subsymbolic level, limits on spreading activation, measured by the attentional parameter W, provide a theory of processing capacity, which has been applied to performance, learning, and individual differences data.
Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...) want to focus my comments less on the details of Baron’s discussions of excuses in extra-legal contexts than on the implications of her discussion for our understanding of excuses in the criminal law. What light (if any, a sceptic might add) can such analyses of our extra-legal concepts and practices throw on legal concepts and doctrines? (shrink)
Three arguments are proposed against the idea that ordinary talk about the mind constitutes a folk psychology, a sort of prescientific theory which explains human behaviour and which is ripe for replacement by a neurological or computational theory with better scientific credentials. First, not all talk of the mind is introduced to explain in the way assumed by those who think that mental talk hypothesizes inner processes to explain behaviour. Second, the individuation of the behaviour which is explained by the (...) inner processes itself requires reference to ?mental? states such as intentions or desires. Consequently the project is circular. Finally, scientific theory is a practice with a history which may be matched in the case of ordinary talk of the mind. Certainly ordinary talk of motives, intentions, and thoughts may be infected by the theorizing of economists and sociologists et al., but it is impossible that all talk of the mind should be theoretical in this way. (shrink)
I begin by discussing the ways in which a would-be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her. This provides the basis for an examination of a particular kind of 'bar to trial' in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The examination of this (...) often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)
This is an able book of essays, written by well-qualified scholars, about an unjustly neglected nineteenth century German philosopher. He is known in this country primarily as the founder of "formal sociology," but much of what he has to say belongs with equal propriety to the philosophy of culture. The aim of the volume is to rehabilitate Simmel's reputation, which suffered much among sociologists from attacks by Abel and Sorokin. The volume also contains about 100 pages of Simmel's own essays (...) in translation: "The Ruin," "The Handle," and "The Aesthetic Significance of the Face," among others.--A. R. A. (shrink)
The human person makes great demands on the physician and calls for unique attention. Hence the doctor-patient relationship calls for the highest ideals of kindness, patience, trustworthiness, generosity and skill. The Catholic physician brings to these demands a specific meaning: ministering to the sick is to see Christ in them and to show Him to them.
The literature fails to reflect general agreement over the nature of the services and procedures provided by bioethicists, and the training and core competencies this work requires. If bioethicists are to define their activities in a consistent way, it makes sense to look for common ground in shared communities of practice. We report results of a survey of the services and procedures among bioethicists affiliated with the University of Toronto Joint Centre for Bioethics (JCB). This is the largest group of (...) bioethicists working in healthcare organizations in Canada. The results suggest there are many common services and procedures of JCB bioethicists. This survey can serve as a baseline for further exploration of the work of JCB bioethicists. Common practices exist with respect to the domains of practice, individual reporting relationships, service availability within business hours and the education and training of the bioethicist. (shrink)
A revised and expanded version of studies by McKinsey, Winet and the authors, in axiomatic theories of value, together with a report of experiments designed to test the formal theories. This volume makes an important contribution to the theoretical and experimental investigation of values and decision-making, both of which subjects are still in their infancy. Experimental studies by Mosteller and Nogee and theoretical discussions of von Neumann and Morgenstern are criticized and improved. Ch. IV contains original suggestions for a theory (...) of utility involving incomparable values. -- A. R. A. (shrink)
The chapter introduces and characterizes the notion of fittingness. It charts the history of the relation and its relevance to contemporary debates in normative and metanormative philosophy and proceeds to survey issues to do with fittingness covered in the volume’s chapters, including the nature and epistemology of fittingness, the relations between fittingness and reasons, the normativity of fittingness, fittingness and value theory, and the role of fittingness in theorizing about responsibility. The chapter concludes with a brief discussion of issues to (...) do with fittingness that aren’t covered extensively by the volume’s chapters in order to indicate avenues for further research. (shrink)