ABSTRACT Although there is much to commend in Sarch's Criminally Ignorant: Why the Law Pretends We Know What We Don't, in this piece, I invite Sarch to expand on his analysis by considering how English doctrine diverges from the US doctrine he takes as foundational, and raise some doubts by putting pressure on the theory of culpability that motivates his views on how ignorance supplies culpability. In particular, (a) I question his defence of a motive-insensitive theory of culpability, (b) set (...) out some worries with Sarch's strategy of running theories of inculpation and exculpation together, and (c) suggest that he prematurely rejects motive-based explanations of why a person who is wilfully ignorant of an inculpatory proposition when performing the actus reus of a crime is as culpable as another who does the same thing with the requisite knowledge. (shrink)

This is an introduction to the special issue on criminal law theory.

On various aspect of concept of Indic philosophy.

Analytical study of epistemology in Eastern and western schools of philosophy.

Study on metaphysics and ethics in Indic and western philosophy.

In articles published ten years apart in 2011 and 2021, Gur-Arye argues that when considering an agent’s explanation for doing something that looks, prima facie, like a criminal offence, we should distinguish between a plea of justification, and an assertion that one acted within one’s power. The former explains an agent’s reasons for having committed a pro tanto offence (i.e., actus reus + mens rea). The latter is a denial that the agent committed any pro tanto offence at all. In (...) this piece, I build on Gur-Arye’s argument, suggesting that her claim about powers can be extended to all instances in which rights are displaced. I argue that in its expanded form, the practical significance of Gur-Arye’s claim goes well beyond what she identifies. It points to important and underappreciated points about the structure and classification of defensive claims in the criminal law, and helps identify errors in some arguments commonly made to support claims about disputed features of justifications. (shrink)

Even when a person appears to have consented to another’s interference with her interests, we sometimes treat this apparent consent as ineffective. This may either be because the law does not permit consent to validate the actions concerned, or because the consent is undermined by the presence of additional factors which render it insufficiently autonomous to be effective. In this paper I propose that the project of categorising and systematically analysing the latter set of cases, would be furthered by recognising (...) (1) that prima facie consent is undermined when the prima facie consenter’s autonomy to choose whether or not to consent has been unfairly constrained, and (2) that theoretical and doctrinal clarity can be promoted by analysing the factors that unfairly constrain autonomy in the criminal law using a framework developed in contract law to determine analogous questions arising in relation to assent to a contract. (shrink)

Viruses have generally been thought of as infectious agents. New data on mimivirus, however, suggests a reinterpretation of this thought. Earth’s biosphere seems to contain many more viruses than previously thought and they are relevant in the maintenance of ecosystems and biodiversity. Viruses are not considered to be alive because they are not free-living entities and do not have cellular units. Current hypotheses indicate that some viruses may have been the result of genomic reduction of cellular life forms. However, new (...) studies relating to the origins of biological systems suggest that viruses could also have originated during the transition from First to the Last Universal Common Ancestor. Within this setting, life has been established as chemical informational system and could be interpreted as a macrocode of multiple layers. The first entity to acquire these features was the First Universal Common Ancestor that evolved to an intermediate ancestral that could be named T-LUCA and be equated to Woese’s concept of progenotes. T-LUCA may have remained as undifferentiated subsystems with viruses-like structures. The net result is that both cellular life forms and viruses shared protein synthesis apparatuses. In short, virus is a strategy of life reached by two paths: T-LUCAs like entities and the reduction of cellular life forms. (shrink)

Viruses have generally been thought of as infectious agents. New data on mimivirus, however, suggests a reinterpretation of this thought. Earth’s biosphere seems to contain many more viruses than previously thought and they are relevant in the maintenance of ecosystems and biodiversity. Viruses are not considered to be alive because they are not free-living entities and do not have cellular units. Current hypotheses indicate that some viruses may have been the result of genomic reduction of cellular life forms. However, new (...) studies relating to the origins of biological systems suggest that viruses could also have originated during the transition from First to the Last Universal Common Ancestor. Within this setting, life has been established as chemical informational system and could be interpreted as a macrocode of multiple layers. The first entity to acquire these features was the First Universal Common Ancestor that evolved to an intermediate ancestral that could be named T-LUCA and be equated to Woese’s concept of progenotes. T-LUCA may have remained as undifferentiated subsystems with viruses-like structures. The net result is that both cellular life forms and viruses shared protein synthesis apparatuses. In short, virus is a strategy of life reached by two paths: T-LUCAs like entities and the reduction of cellular life forms. (shrink)

Mark Dsouza’s new book, Rationale-Based Defences in Criminal Law, aims to shed new light on the question of how to conceptualize justifications and excuses as defenses against criminal liability. His offers an alternative to the common account on which justifications negate the wrongness of acts whereas excuses negate only the actor’s blameworthiness but not the act’s wrongness. Instead, Dsouza contends that the justification–excuse distinction is entirely a matter of the quality of the defendant’s reasoning. His account of justifications (...) is generally compelling, although his accounts of excuses and of the moral norms underlying the criminal law are less persuasive. Overall, however, Dsouza successfully establishes his quality-of-reasoning view as a viable competitor theory of justifications and excuses. (shrink)

Modern educational thoughts have made a powerful impact on civilized persons. The learner is a partner in the process of learning in our age. He is a disciple and is going to be a consumer as well as customer. There is a shift from education as a means of welfare and awareness to commercialization of education. In this background, Professional Ethics is partly comprised of what a professional should or should not do in the work -place. It also encompasses a (...) much greater part of the professional’s life. If a professional is to have ethics then that person needs to adopt that conduct in all of his dealings. Another aspect of this is the enhancement of the profession and the industry within which the professional works. It concerns a professional’s conduct and behaviour while carrying out their professional work that is work for the good of the community and mankind. In this paper it is an attempt to draw out a relation between Professional Ethics and Morality. (shrink)