Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.

ABSTRACT Nietzsche's texts invite perplexing questions about the justification and objectivity of his ethical views. According to the interpretation suggested here, Nietzsche does not advance a substantive normative ethics, but proposes, based on his ontological idea of will to power, an instrumentalist theory of value. He is not a realist about value—according to him, nothing is intrinsically valuable. However, things, actions, beliefs, and values can be evaluated with reference to their capacities in serving our fundamental quest for power. The central (...) advantage of this interpretation against competing readings is that it attempts to make sense of how an “objective” evaluation fits together with antirealism or nihilism about value, including how the “ethics” of will to power is to be understood alongside the metaphysical and ethical doctrine of eternal recurrence. (shrink)

From Warhorses to Ploughshares: The Later Tang Reign of Emperor Mingzong. By Richard L. Davis. Hong Kong: Hong Kong University Press, 2014. Pp. xvi + 219. $60.

An archive is a repository - that is, a place or space in which materials of historic interest or social significance are stored and ordered. A national archive is the storing and ordering place of the collective memory of that nation or people(s). This article provides a brief his torical/theoretical introduction to the politics of the archive in late capi talist societies and discusses this politics of memory via the performance of ordinary daily activities of librarians and archivists. Some relevant (...) political/discursive questions include: who controls, establishes and maintains the archive, and how do they do so? Which materials are preserved in the archive and which are excluded? As the documents and artifacts selected for the archive are ordered and classi fied, how do the schemas and structures applied include, exclude, fore ground or marginalize those materials? Finally, to what extent do the logical hierarchies for classification and arrangement reflect social or political hierarchies? Librarians and archivists face these concerns in HISTORY OF THE HUMAN SCIENCES Vol. 11 No. 4 © 1998 SAGE Publications (London, Thousand Oaks and New Delhi) [0952-6951(199811)11:4;17-32; 006604]their professional practice as they make decisions influenced by budgets, finite amounts of both physical and computer storage space and limited staff resources. The authors give real-life examples of choices made as archivists struggle to balance ideological goals made contradictory by practical constraints. For example, is it more appro priate to acquire as many materials as possible but be unable to describe, preserve and present them adequately, or is it preferable to describe, preserve and make fully available a more limited range of records and documents? Because of such practical concerns in modern technicist cultures, the explicitly political who often is reduced to the technically instrumental how - that is, political-moral questions are displaced to nonmoral and nonpolitical technical discourse, thereby establishing a 'meta-politics' that is understood only by the initiated. Conversely, archival activities such as acquisition, classification and preservation are 'technical' activi ties that may become explicitly 'political'. The article concludes that technical activities always are political, at least latently or potentially, even when they are not contested and made explicitly political. (shrink)

The aim of the present study was to provide support for the validation of the Teammate Burnout Questionnaire. Athletes from a variety of team sports completed the TBQ and the Athlete Burnout Questionnaire. Confirmatory factor analysis revealed acceptable fit indexes for the three-dimensional models of the TBQ and the ABQ. Multi-trait multi-method analysis revealed that the TBQ and ABQ showed acceptable convergent and discriminant validity. The preliminary validation of the TBQ indicates the utility of the scale to reflect athletes’ perceptions (...) of their teammates’ burnout and offers researchers the opportunity to quantitatively assess an important aspect of the social environment in the development of athlete burnout. (shrink)

The eight pieces constituting this Meeting Report are summaries of presentations made during a panel session at the 2011 Association for Practical and Professional Ethics (APPE) annual meeting held between March 3rd and 6th in Cincinnati. Lisa Newton organized the session and served as chair. The panel of eight consisted both of pioneers in the field and more recent arrivals. It covered a range of topics from how the field has developed to where it should be going, from identification of (...) issues needing further study to problems of training the next generation of engineers and engineering-ethics scholars. (shrink)

The proliferation of personal data collection practices fundamentally reshapes how society is ordered and commercialized, and demands reconsideration of the possibilities for a just and equitable s...

Although information-processing theories cannot provide a full explanatory account of P-consciousness, there is less conflation and confusion in cognitive psychology than Block suspects. Some of the reasoning that Block criticises can be interpreted plausibly in the light of a folk psychological view of the relation between P-consciousness and A-consciousness.

This paper examines the strategies for the legitimisation of power in courtroom encounters. It focuses on how discourse becomes the instrument for power and control during the judicial process of witness examination in a Nigerian courtroom context. Legitimisation, as used in this study, therefore, provides more insight into how language use within an institutionalised setting becomes the locus of social interactions designed to achieve specific social goals. Critical Discourse Analysis (CDA) was adopted as the theoretical framework to undergird the description (...) and discussion of the data. The data for this study was drawn from the proceedings of two regional Election Petition Tribunals in South-western and North-eastern Nigeria in 2007 and 2011 respectively. The legal contexts provide the adversarial space for the use of discourse as power and control. The findings reveal that various legitimisation strategies such as confrontational move, circumlocution and pleading forgetfulness along with such traditional strategies as authorisation, moralisation and rationalisation are deployed by the discourse participants to legitimise and delegitimise power in this institutional setting. The paper shows that language is crucial in the judicial process and should be carefully handled so that litigants can have sufficient confidence in the process and be reassured of effective resolution to their legal matters. (shrink)

In a recent article Ian Hacking argues that there can be cases where no probabilities may correctly be ascribed to individual members of a population, while probabilities are correctly ascribable to the population as a whole. In this paper a simple artificial coin-flipping model for such probabilities, not 'grounded from below' is constructed. The inferences licensed by this model and a consequence of the model for the theory of statistical tests is explored.

“Public health legal preparedness” is a term born in the ferment, beginning in the late 1990s, that has led to unprecedented recognition of the essential role law plays in public health and, even more recently, in protecting the public from terrorism and other potentially catastrophic health threats.The initial articulation of public health has not kept pace with rapid evolution in the concept and in practical development of public health preparedness itself. This poses the risk that legal preparedness may fall behind (...) construction of general readiness in the public health system—and may, in fact, undercut achievement of comprehensive public health preparedness for massive threats to health in both the United States and world-wide. Inadvertent results might include both negative health impacts and infringement on individual rights. (shrink)

“Public health legal preparedness” is a term born in the ferment, beginning in the late 1990s, that has led to unprecedented recognition of the essential role law plays in public health and, even more recently, in protecting the public from terrorism and other potentially catastrophic health threats.The initial articulation of public health has not kept pace with rapid evolution in the concept and in practical development of public health preparedness itself. This poses the risk that legal preparedness may fall behind (...) construction of general readiness in the public health system—and may, in fact, undercut achievement of comprehensive public health preparedness for massive threats to health in both the United States and world-wide. Inadvertent results might include both negative health impacts and infringement on individual rights. (shrink)

Arguments between those who hold religious beliefs and those who do not have been at fever pitch. They have also reached an impasse, with equally entrenched views held by believer and atheist - and even agnostic - alike. This collection is one of the first books to move beyond this deadlock. Specially commissioned chapters address major areas that cut across the debate between the two sides: the origin of knowledge, objectivity and meaning; moral values and the nature of the human (...) person and the good life; and the challenge of how to promote honest and fruitful dialogue in the light of the wide diversity of beliefs, religious and otherwise. Under these broad headings leading figures in the field examine and reflect upon: Secular and religious humanism The idea of the sacred The vexed issue of science in both religious and secular accounts of knowledge Spirituality for the godless Non-western perspectives on the atheism/theism debate. A key feature of the collection is a dialogue between Raymond Tallis and Rowan Williams, former Archbishop of Canterbury. _Religion and Atheism: Beyond the Divide _will interest anyone who is concerned about the clash between the religious and the secular and how to move beyond it, as well as students of ethics, philosophy of religion and religious studies. (shrink)

In this paper we explore the idea that Pentecostalism is best supported by conjoining it to a postmodern, narrative epistemology in which everything is a text requiring interpretation. On this view, truth doesn’t consist in a set of uninterpreted facts that make the claims of Christianity true; rather, as James K. A. Smith says, truth emerges when there is a “fit” or proportionality between the Christian story and one’s affective and emotional life. We argue that Pentecostals should reject this account (...) of truth, since it leads to either a self-refuting story-relativism or the equally problematic fallacy of story-ism: favoring one’s own story over others without legitimate reason. In either case, we contend, the gospel itself is placed at risk. (shrink)

Arguments between those who hold religious beliefs and those who do not have been at fever pitch. They have also reached an impasse, with equally entrenched views held by believer and atheist - and even agnostic - alike. This collection is one of the first books to move beyond this deadlock. Specially commissioned chapters address major areas that cut across the debate between the two sides: the origin of knowledge, objectivity and meaning; moral values and the nature of the human (...) person and the good life; and the challenge of how to promote honest and fruitful dialogue in the light of the wide diversity of beliefs, religious and otherwise. Under these broad headings leading figures in the field examine and reflect upon: Secular and religious humanism The idea of the sacred The vexed issue of science in both religious and secular accounts of knowledge Spirituality for the godless Non-western perspectives on the atheism/theism debate. A key feature of the collection is a dialogue between Raymond Tallis and Rowan Williams, former Archbishop of Canterbury. _Religion and Atheism: Beyond the Divide _will interest anyone who is concerned about the clash between the religious and the secular and how to move beyond it, as well as students of ethics, philosophy of religion and religious studies. (shrink)

The De Malo represents some of St. Thomas Aquinas' most mature thinking on goodness, badness, and human agency. Together with the second part of the Summa Theologiae, it is one of his most sustained contributions to moral philosophy and theology. Aquinas examines the full range of questions associated with evil: its origin, its nature, its variety, its relation to good, and its compatibility with the existence of an omnipotent, benevolent God. This edition offers the Leonine Commission's authoritative edition of the (...) Latin text with a new, clear, and readable English translation by Richard Regan with an extensive introduction and notes by Brian Davies. (shrink)

Valid consent requires the potential research participant understands the information provided. We examined current practice in 50 proposed Clinical Trials of Investigational Medicinal Products to determine how this understanding is checked. The majority of the proposals ( n = 44) indicated confirmation of understanding would take place during an interactive conversation between the researcher and potential participant, containing questions to assess and establish understanding. Yet up until now, research design and review have not focussed upon this, concentrating more on written (...) material. We propose ways this interactive conversation can be documented, and the process of checking understanding improved. (shrink)

Background: Despite procedural innovations and increasing numbers of uterus transplant attempts worldwide, the perspectives of uterus transplant (UTx) trial participants are lacking. Methods: We conducted a mixed-methods study with women with absolute uterine factor infertility (AUFI). Participants included women who had previously contacted the Cleveland Clinic regarding the Uterine Transplant Trial and met the initial eligibility criteria for participation. In-depth interviews were conducted in conjunction with FertiQoL, a validated and widely used tool to measure the impact of infertility on the (...) quality of life of infertility patients. Results: All (n = 19) rated their overall health as good; some experienced grief and social isolation. AUFI is a life-framing experience that influences acceptance by family, partners, peers, and one’s self. UTx is a means to gain control of reproductive autonomy. UTx allows family-building and the ability to play an active role in prenatal health and well-being. Establishing and maintaining a supportive relationship is a key issue of AUFI and when considering UTx. Risks of UTx are perceived relative to risks to self/child/family posed by adoption/surrogacy. Participants had no overall preference regarding living or deceased donor. Conclusions: The ways in which women with AUFI conceptualize this condition in their lives and choices around UTx and participating in a study of the procedure are multifaceted and textured. These perspectives are critical to understanding its ethical, legal, and social implications. (shrink)

Certain steroids can react with proteins to form stable, covalent addition products. 16α‐hydroxyestrone and the glucocorticoids, for example, contain ketol moieties which permit them to react non‐enzymatically with proteins by forming Schiffbase rearrangement products with lysine residues. The oral contraceptive agent, 17α‐ethinylestradiol, can add to proteins after being enzymatically activated by microsomal oxidation. Elevated plasma levels of these steroids result in an increased amount of protein modification in vivo. Recent investigations have linked the occurrence of steroid‐modified proteins with pathological sequelae (...) associated with high steroid levels. (shrink)

Contains fourteen essays and an introduction addressing the main areas of scholarly interest for Richard W. Davis, Professor Emeritus, Washington University, St Louis Questions how individuals envision the public good in modern Britain and how, through religious and moral beliefs, coupled with wisdom and political savvy, they can improve the public good through the ever-changing nineteenth century political institutions Essays range from studies of local electoral politics and parliamentary reform campaign to national political party organization, high politics and the (...) role religion and empire played in the creation of national policy Examines the influence of individuals on the political process through their professional work in historical and philosophical writing, journalism and missionary work at home and abroad Provides new original research in the area of modern British political history together in Parliamentary History. (shrink)

Imprinted genes are monoallelically expressed in a parent‐of‐origin‐dependent manner and can affect brain and behavioural phenotypes. The X chromosome is enriched for genes affecting neurodevelopment and is donated asymmetrically to male and female progeny. Hence, X‐linked imprinted genes could potentially influence sexually dimorphic neurobiology. Consequently, investigations into such loci may provide new insights into the biological basis of behavioural differences between the sexes and into why men and women show different vulnerabilities to certain mental disorders. In this review, we summarise (...) recent advances in our knowledge of X‐linked imprinted genes and the brain substrates that they may act upon. In addition, we suggest strategies for identifying novel X‐linked imprinted genes and their downstream effects and discuss evolutionary theories regarding the origin and maintenance of X‐linked imprinting. BioEssays 28:35–44, 2006. © 2005 Wiley Periodicals, Inc. (shrink)

Crespi & Badcock (C&B) provide a novel hypothesis outlining a role for imprinted genes in mediating brain functions underlying social behaviours. The basic premise is that maternally expressed genes are predicted to promote hypermentalistic behaviours, and paternally expressed genes hypomentalistic behaviours. The authors provide a detailed overview of data supporting their ideas, but as we discuss, caution should be applied in interpreting these data.

The De Malo represents some of Aquinas' most mature thinking on goodness, badness, and human agency. In it he examines the full range of questions associated with evil: its origin, its nature, its relation to good, and its compatability with the existence of an omnipotent, benevolent God. This edition offers Richard Regan's new, clear readable English translation, based on the Leonine Commission's authoritative edition of the Latin text. Brian Davies has provided an extensive introduction and notes..

Law is indispensable to the public's health. The twentieth century proved this true as law contributed to each of the century's ten great public health achievements: vaccination, healthier mothers and babies, family planning, safer and healthier foods, fluoridation of drinking water, the control of infectious diseases, the decline in death from heart disease and stroke, recognition of tobacco use as a health hazard, motor vehicle safety, and safer workplaces.The readers of this journal can give examples of the relevant types of (...) laws with ease: Jacobson v. Massachusetts, the 1905 U.S. Supreme Court case that upheld the constitutionality of compulsory vaccination; mandatory immunization for school admission; authorization of state prenatal care programs; mandatory fortification of foods; Title X of the Public Health Service Act; the Pure Food and Drugs Act of 1906; the Safe Drinking Water Act of 1974, and hundreds of state and local enactments regulating food; fluoridation ordinanceswater, and sanitation; the Surgeon General's warning notices on cigarette packs and restrictions on marketing tobacco; seat belt laws and mandated vehicle and highway design features; and laws like the federal Occupational Safety and Health Act of 1970 that regulate working conditions. (shrink)

Law is indispensable to the public's health. The twentieth century proved this true as law contributed to each of the century's ten great public health achievements: vaccination, healthier mothers and babies, family planning, safer and healthier foods, fluoridation of drinking water, the control of infectious diseases, the decline in death from heart disease and stroke, recognition of tobacco use as a health hazard, motor vehicle safety, and safer workplaces.The readers of this journal can give examples of the relevant types of (...) laws with ease: Jacobson v. Massachusetts, the 1905 U.S. Supreme Court case that upheld the constitutionality of compulsory vaccination; mandatory immunization for school admission; authorization of state prenatal care programs; mandatory fortification of foods; Title X of the Public Health Service Act; the Pure Food and Drugs Act of 1906; the Safe Drinking Water Act of 1974, and hundreds of state and local enactments regulating food; fluoridation ordinanceswater, and sanitation; the Surgeon General's warning notices on cigarette packs and restrictions on marketing tobacco; seat belt laws and mandated vehicle and highway design features; and laws like the federal Occupational Safety and Health Act of 1970 that regulate working conditions. (shrink)

This paper argues for a largely unnoted distinction between relational and modal components in the lexical semantics of verbs. Wehypothesize that many verbs encode two kinds of semantic information:a relationship among participants in a situation and a subset ofcircumstances or time indices at which this relationship isevaluated. The latter we term sublexical modality.We show that linking regularities between semantic arguments andsyntactic functions provide corroborating evidence in favor of thissemantic distinction, noting cases in which the semantic groundingof linking through participant-role properties (...) apparently fails. Thissemantic grounding can be preserved, however, once we abstractaway from sublexical modality in lexical semantic representations.Semantically-based linking constraints are insensitive to the sublexicalmodality component of lexical entries and depend only on informationin a predicator's situational core. (shrink)

Libertarian paternalism is a concept derived from cognitive psychology and behavioural science. It is behind policies that frame information in such a way as to encourage individuals to make choices which are in their best interests, while maintaining their freedom of choice. Clinicians may view their clinical consultations as far removed from the realms of cognitive psychology but on closer examination there are a number of striking similarities.

Resolution of quarrels arising from conflicting sacred values, as in the Middle East, may require concessions that acknowledge the opposition's core concerns.

Over two hundred years ago, Thomas Jefferson suggested the need for a broader legal curriculum. As the twenty-first century begins, the practice of law will increasingly demand interdisciplinary knowledge and collaboration — between those trained in law and a broad range of scientific and technical fields, including engineering, biology, genetics, ethics, and the social sciences. The practice of public health law provides a model for both the substantive integration of law with science, and for the way its practitioners work. In (...) addition, public health law also provides a model for interdisciphuy and integrative teaching. (shrink)