Background Investigative genetic genealogy (IGG) is a technique that involves uploading genotypes developed from perpetrator DNA left at a crime scene, or DNA from unidentified remains, to public genetic genealogy databases to identify genetic relatives and, through the creation of a family tree, the individual who was the source of the DNA. As policymakers demonstrate interest in regulating IGG, it is important to understand public perspectives on IGG to determine whether proposed policies are aligned with public attitudes.Methods We conducted eight (...) focus groups with members of the public (N = 72), sampled from four geographically diverse US regions, to explore general attitudes and perspectives regarding aspects of IGG practices, applications, and policies. Five major topics were explored in each focus group: when IGG should be used; who should perform IGG; how to approach consent for genetic database users; what systems of oversight should govern IGG practitioners; and whether to notify database users if their data are involved in law enforcement (LE) matching.Results Participants were supportive of IGG in most scenarios, especially for cold and violent cases. The favorable attitudes toward IGG were, however, tempered by distrust of law enforcement among some participants. All participants agreed that databases must inform users if IGG is allowed, but they did not agree on how individual database users should be allowed to opt out or whether to notify them if their data are involved in specific investigations. All participants agreed that IGG should be subject to some prescriptive guidelines, regulations, or accountability mechanisms.Conclusions These findings suggest broad public support for IGG, and interest in developing systems of accountability for its practice. Our study provides useful insight for policy makers, genomic database stewards, law enforcement, and other stakeholders in IGG’s practice, and suggests multiple directions for future research. (shrink)

Numerous social, economic and academic pressures can have a negative impact on representations of biomedical research. We review several of the forces playing an increasingly pernicious role in how health and science information is interpreted, shared and used, drawing discussions towards the role of narrative. In turn, we explore how aspects of narrative are used in different social contexts and communication environments, and present creative responses that may help counter the negative trends. As traditional methods of communication have in many (...) ways failed the public, changes in approach are required, including the creative use of narratives. (shrink)

Cultural history's recent treatments of Sieyès’ political theory have understood his political writings in their convergences with and divergences from Rousseau's political theory. By sketching a thoroughgoing analogy between the ecclesiological arguments in Malebranche's Entretiens sur la Métaphysique et sur la Religion (1688) and the arguments that Sieyès offers on the floor of the National Assembly concerning the nature of representation, I suggest that we should recontextualize Sieyès’ speeches vis-à-vis the broader discourse of the ‘general will,’ which was theological at (...) its root. That is, the arguments Sieyès offers for the sovereignty of the National Assembly, separately and in combination, appear to have been shaped by a malebranchiste ecclesiology that grew out of the particular context of the Jansenist challenge to the Church. This argument has ramifications not just for our understanding of Sieyès and revolutionary political theory but also for what have been called the “religious origins of the French Revolution.” ☆ I am grateful to Bill Sewell, Dale Van Kley, Michael Sonenscher, Chris Brooke, and Sam James, for their careful readings and insightful comments at various stages of this project. More generally, I am thankful for the thoughts of the participants of the Cambridge conference in Political Thought and Intellectual History (March 2010). Finally, I thank the anonymous reviewers of History of European Ideas for their comments. (shrink)

Artificial intelligence research has foundered on the issue of representation. When intelligence is approached in an incremental manner, with strict reliance on interfacing to the real world through perception and action, reliance on representation disappears. In this paper we outline our approach to incrementally building complete intelligent Creatures. The fundamental decomposition of the intelligent system is not into independent information processing units which must interface with each other via representations. Instead, the intelligent system is decomposed into independent and parallel activity (...) producers which all interface directly to the world through perception and action, rather than interface to each other particularly much. The notions of central and peripheral systems evaporateeverything is both central and peripheral. Based on these principles we have built a very successful series of mobile robots which operate without supervision as Creatures in standard office environments. (shrink)

"By combining recent advances in the physical sciences with some of the novel ideas, techniques, and data of modern biology, this book attempts to achieve a new and different kind of evolutionary synthesis. I found it to be challenging, fascinating, infuriating, and provocative, but certainly not dull."--James H, Brown, University of New Mexico "This book is unquestionably mandatory reading not only for every living biologist but for generations of biologists to come."--Jack P. Hailman, Animal Behaviour , review of the first (...) edition "An important contribution to modern evolutionary thinking. It fortifies the place of Evolutionary Theory among the other well-established natural laws."--R.Gessink, TAXON. (shrink)

There is disagreement in the literature about the exact nature of the phenomenon of empathy. There are emotional, cognitive, and conditioning views, applying in varying degrees across species. An adequate description of the ultimate and proximate mechanism can integrate these views. Proximately, the perception of an object's state activates the subject's corresponding representations, which in turn activate somatic and autonomic responses. This mechanism supports basic behaviors that are crucial for the reproductive success of animals living in groups. The Perception-Action Model, (...) together with an understanding of how representations change with experience, can explain the major empirical effects in the literature. It can also predict a variety of empathy disorders. The interaction between the PAM and prefrontal functioning can also explain different levels of empathy across species and age groups. This view can advance our evolutionary understanding of empathy beyond inclusive fitness and reciprocal altruism and can explain different levels of empathy across individuals, species, stages of development, and situations. Key Words: altruism; cognitive empathy ; comparative; emotion; emotional contagion; empathy ; evolution; human; perception-action; perspective taking. (shrink)

Many meta-ethicists are alethists: they claim that practical considerations can constitute normative reasons for action, but not for belief. But the alethist owes us an account of the relevant difference between action and belief, which thereby explains this normative difference. Here, I argue that two salient strategies for discharging this burden fail. According to the first strategy, the relevant difference between action and belief is that truth is the constitutive standard of correctness for belief, but not for action, while according (...) to the second strategy, it is that practical considerations can constitute motivating reasons for action, but not for belief. But the former claim only shifts the alethist's explanatory burden, and the latter claim is wrong—we can believe for practical reasons. Until the alethist can offer a better account, then, I argue that we should accept that there are practical reasons for belief. (shrink)

Most animals have significant behavioral expertise built in without having to explicitly learn it all from scratch. This expertise is a product of evolution of the organism; it can be viewed as a very long term form of learning which provides a structured system within which individuals might learn more specialized skills or abilities. This paper suggests one possible mechanism for analagous robot evolution by describing a carefully designed series of networks, each one being a strict augmentation of the previous (...) one, which control a six legged walking machine capable of walking over rough terrain and following a person passively sensed in the infrared spectrum. As the completely decentralized networks are augmented. the robot’s performance and behavior repetoire demonstrably improve. The rationale for such demonstrations is that they may provide a hint as to the requirements for automatically building massive networks to carry out complex sensory-motor tasks. The experiments with an actual robot ensure that an essence of reality is maintained and that no critical disabling problems have been ignored. (shrink)

Much of children's early syntactic development can be seen as the acquisition of sentence-level constructions that correspond to relatively complex events and states of affairs. The current study was an attempt to determine the relative concreteness (verb-specificity) or abstractness (verb-generality) of such constructions for children just beginning to produce large numbers of multi-word utterances. Sixteen children at 2.0 years of age and sixteen children at 2,5 years of age participated (all English speaking). Each child was taught two novel verbs for (...) a highly transitive action: one in a transitive construction (Ernie is tamming the car) and one in an intransitive construction (with patient äs subject: The ball is meeking). They were then given opportunities to use their newly learned verbs, in many cases in discourse situations that encouraged use of the "opposite" construction (i.e., agent and patient-focused questions). Results showed that 2.0-year-old children almost never produced an utterance using a novel verb in anything other than the construction in which it had been modeled. Children at 2.5 years of age were somewhat more productive, but still the large majority of these children avoided using the experimental verbs in nonmodeled constructions. These results suggest that when English-speaking children produce simple transitive and intransitive utterances in their spontaneous speech, they are doing so on a verb-specific basis (verb Island constructions), schematizing more abstract constructions only later äs they discover patterns that apply across many such lexically specific constructions. (shrink)

In a recent and provocative essay, Christopher Bartel attempts to resolve the gamer’s dilemma. The dilemma, formulated by Morgan Luck, goes as follows: there is no principled distinction between virtual murder and virtual pedophilia. So, we’ll have to give up either our intuition that virtual murder is morally permissible—seemingly leaving us over-moralizing our gameplay—or our intuition that acts of virtual pedophilia are morally troubling—seemingly leaving us under-moralizing our game play. Bartel’s attempted resolution relies on establishing the following three theses: (1) (...) virtual pedophilia is child pornography, (2) the consumption of child pornography is morally wrong, and (3) virtual murder is not murder. Relying on Michael Rea’s definition of pornography, I argue that we should reject thesis one, but since Bartel’s moral argument in thesis two does not actually rely thesis one that his resolution is not thereby undermined. Still, even if we grant that there are adequate resources internal to Bartel’s account to technically resolve the gamer’s dilemma his reasoning is still unsatisfying. This is so because Bartel follows Neil Levy in arguing that virtual pedophilia is wrong because it harms women. While I grant Levy’s account, I argue that this is the wrong kind of reason to resolve the gamer’s dilemma because it is indirect. What we want is to know what is wrong with virtual child pornography itself. Finally, I suggest alternate moral resources for resolving the gamer’s dilemma that are direct in a way that Bartel’s resources are not. (shrink)

In this paper, I consider a particular amoralist challenge against those who would morally criticize our single-player video play, viz., “come on, it’s only a game!” The amoralist challenge with which I engage gains strength from two facts: the activities to which the amoralist lays claim are only those that do not involve interactions with other rational or sentient creatures, and the amoralist concedes that there may be extrinsic, consequentialist considerations that support legitimate moral criticisms. I argue that the amoralist (...) is mistaken and that there are non-consequentialist resources for morally evaluating our single-player game play. On my view, some video games contain details that anyone who has a proper understanding of and is properly sensitive to features of a shared moral reality will see as having an incorrigible social meaning that targets groups of individuals, e.g., women and minorities. I offer arguments to support the claim that there are such incorrigible social meanings and that they constrain the imaginative world so that challenges like “it’s only a game” lose their credibility. I also argue that our responses to such meanings bear on evaluations of our character, and in light of this fact video game designers have a duty to understand and work against the meanings of such imagery. (shrink)

The majority of North American corporations awakened to the need for their own ethical guidelines during the late 1970s and early 1980s, even though modern corporations are subject to a surprising multiplicity of external codes of ethics or conduct. This paper provides an understanding of both internal and external codes through a discussion of the factors behind the development of the codes, an analysis of internal codes and an identification of problems with them.

Metaethicists often specify non-naturalism in different ways: some take it to be about identity, while others take it to be about grounding. But few directly address the taxonomical question of what the best way to understand non-naturalism is. That’s the task of this paper. This isn’t a merely terminological question about how to use the term “non-naturalism”, but a substantive philosophical one about what metaphysical ideology we need to capture the pre-theoretical concerns of non-naturalists. I argue that, contrary to popular (...) opinion, non-naturalism is best characterized not in terms of identity or grounding, but in terms of essence. First, I lay out some desiderata for a good characterization of non-naturalism: it should (i) speak to and elucidate the non-naturalist’s core pre-theoretical commitments, (ii) render non-naturalism a substantive, local claim about normativity, and (iii) provide the most general characterization of the view possible (iv) in a way that best fits the spirit of paradigm non-naturalist views. I then argue that identity characterizations fail to satisfy the former two desiderata, while grounding characterizations at best don’t satisfy the latter two. So, I propose a new essence characterization of non-naturalism and argue that it does a better job of satisfying all four desiderata. Moreover, I argue that this essence characterization has important implications for both metaethical and metaphysical theorizing. (shrink)

Children's comprehension of the universal quantifiers all and each was explored in a series of experiments using a picture selection task. The first experiment examined children's ability to restrict a quantifier to the noun phrase it modifies. The second and third experiments examined children's ability to associate collective, distributive, and exhaustive representations with sentences containing universal quantifiers. The collective representation corresponds to the "group" meaning (for All the flowers are in a vase all of the flowers are in the same (...) vase). The distributive representation implies a pairing (e.g., each flower paired with a vase for Each flower is in a vase). The exhaustive representation exhausts both sets (e.g., for The flowers are in the vases all the flowers are in vases and all the vases have flowers in them). Four- to 10-year-olds children had little difficulty restricting the quantifier all to the noun it modified in a task which required them to attend to the group feature of all. In contrast, only 9- and 10-year-olds were able to solve the task when the quantifier was each and the pictures showed entities in partial one-to-one correspondence. Children showed a preference for associating collective pictures with sentences containing all and distributive pictures with sentences containing each. The results suggest that between the ages of 5 and 10 years, children's semantic representations undergo less radical changes than others have proposed. Instead, developmental change may occur gradually as children acquire linguistic cues which map onto existing semantic representations. (shrink)

The pragmatism—anti-pragmatism debate concerns whether practical considerations can constitute genuinely normative wrong-kind reasons (WKRs) for and against doxastic attitudes, whereas the encroachment—anti-encroachment debate concerns whether practical considerations can affect what right-kind reasons (RKRs) one has or needs to have in order to enjoy some epistemic status. While these are two separate issues, my main aim is to show that pragmatists have a plausible debunking explanation to offer of encroachment cases: that the practical considerations in these cases only generate WKRs against (...) belief, rather than affect the RKRs one has or needs to have, so that the agents in these cases ought to withhold belief, but only in a practical or all-things-considered sense. Moreover, I argue that the pragmatist debunker's explanation of what's going on in encroachment cases is more plausible than the encroacher's because they're structurally identical to cases involving WKRs against other attitudes like admiration and fear. These analogous WKR-cases not only support the surprising conclusion that pragmatists should be anti-encroachers, but they also challenge the encroacher's view independently of whether pragmatism is true. (shrink)

In this chapter, Stephanie Collins examines the idea that individuals can acquire ‘membership duties’ as a result of being members of a group that itself bears duties. In particular, powerful and wealthy states are duty-bearing groups, and their citizens have derivative membership duties (for example, to contribute to putting right wrongs that have been done in the past by the group in question, and to increase the extent to which the group fulfils its duties). In addition, she argues, individuals (...) have duties to signal their willingness to coordinate with others so as to do more good than the sum of what each could do on their own. Putting these two things together, Collins suggests, individuals’ duties in (for instance) matters of global poverty might be largely driven by such group-based considerations, leaving little room for the duties that would follow from more individualistic reasoning. (shrink)

Integrating concepts of maintenance and of origins is essential to explaining biological diversity. The unified theory of evolution attempts to find a common theme linking production rules inherent in biological systems, explaining the origin of biological order as a manifestation of the flow of energy and the flow of information on various spatial and temporal scales, with the recognition that natural selection is an evolutionarily relevant process. Biological systems persist in space and time by transfor ming energy from one state (...) to another in a manner that generates structures which allows the system to continue to persist. Two classes of energetic transformations allow this; heat-generating transformations, resulting in a net loss of energy from the system, and conservative transformations, changing unusable energy into states that can be stored and used subsequently. All conservative transformations in biological systems are coupled with heat-generating transformations; hence, inherent biological production, or genealogical proesses, is positively entropic. There is a self-organizing phenomenology common to genealogical phenomena, which imparts an arrow of time to biological systems. Natural selection, which by itself is time-reversible, contributes to the organization of the self-organized genealogical trajectories. The interplay of genealogical (diversity-promoting) and selective (diversity-limiting) processes produces biological order to which the primary contribution is genealogical history. Dynamic changes occuring on times scales shorter than speciation rates are microevolutionary; those occuring on time scales longer than speciation rates are macroevolutionary. Macroevolutionary processes are neither redicible to, nor autonomous from, microevolutionary processes. (shrink)

This paper argues that Leif Wenar's theory of reparations is not purely forward-looking and that backward-looking considerations play an important role: if there had never been a past injustice, then reparations for the future cannot be acceptable. Past injustice compose the first part of a two-tiered theory of reparations. We must first discover a past injustice has taken place: reparations are for the repair of previous damage. However, for Wenar, not all past injustices warrant reparations. Once we have first passed (...) the initial test of demonstrating a past injustice has taken place, we then determine whether or not to finally accept reparations based upon forward-looking considerations. What is important to note is that this decision to award reparations is based upon forward-looking considerations, but only after first satisfying the test of a past injustice. Thus, backward-looking considerations make up an important first part of Wenar's two-tiered theory of reparations. It is not my argument that this theory is unsafe and I find Wenar's arguments both novel and highly compelling. However, the view that this theory is forward-looking -- and not backward-looking -- is not entirely accurate. My brief reply corrects this part of an important new theory of reparations in the hope of strengthening its persuasive power. (shrink)

Matthew Kieran has recently argued that those he calls ‘appreciative snobs’ go wrong by valuing appreciative objects primarily because of their ability to raise the snob’s social status, what I call social contagion snobbery. In this paper, I argue that there are at least two other ways that snobbery commonly manifests itself in appreciative contexts, what I call attitudinal snobbery and contextual snobbery. As it turns out, all three snobs—Kieran’s social-contagion snob, the attitudinal snob, and the contextual snob—represent distinct ways (...) that appreciative judgments can go wrong because of how socio-hierarchical elements figure into the snob’s appreciative judgments. (shrink)

As biomedical citizen science initiatives become more prevalent, the unique ethical issues that they raise are attracting policy attention. One issue identified as a significant concern is the ethical oversight of bottom-up biomedical citizen science projects that are designed and executed primarily or solely by members of the public. That is because the federal rules that require ethical oversight of research by institutional review boards generally do not apply to such projects, creating what has been called an ethics gap. -/- (...) Working to close this gap, practitioners and scholars have considered new mechanisms of ethical oversight for biomedical citizen science. To date, however, participants’ attitudes about ethics and oversight preferences have not been systematically examined. This information is useful to efforts to develop ethical oversight mechanisms because it provides a basis for evaluating the likely effectiveness of specific features of such mechanisms and their acceptability from the perspective of biomedical citizen scientists. -/- Here, we report data from qualitative interviews with 35 stakeholders in bottom-up biomedical citizen science about their general ethics attitudes and preferences regarding ethical oversight. Interviewees described ten ethical priorities and endorsed oversight mechanisms that are voluntary, community-driven, and offer guidance. Conversely, interviewees rejected mechanisms that are mandatory, hierarchical, and inflexible. Applying these findings, we conclude that expert consultation and community review models appear to align well with ethical priorities and oversight preferences of many biomedical citizen scientists, although local conditions should guide the development and use of mechanisms in specific communities. (shrink)

Stars are conspicuously absent from reflections on natural kinds and scientific classifications, with gold, tiger, jade, and water getting all the philosophical attention. This is too bad for, as this paper will demonstrate, interesting philosophical lessons can be drawn from stellar taxonomy as regards two central, on-going debates about natural kinds, to wit, the monism/pluralism debate and the realism/antirealism debate. I’ll show in particular that stellar kinds will not please the essentialist monist, nor for that matter will it please the (...) pluralist embracing promiscuous realism à la Dupré. (shrink)

The first part of this paper explores the general issues in using Artificial Life techniques to program actual mobile robots. In particular it explores the difficulties inherent in transferring programs evolved in a simulated environment to run on an actual robot. It examines the dual evolution of organism morphology and nervous systems in biology. It proposes techniques to capture some of the search space pruning that dual evolution offers in the domain of robot programming. It explores the relationship between robot (...) morphology and program structure, and techniques for capturing regularities across this mapping. (shrink)

A good account of normative reasons should explain not only what makes practical and epistemic reasons a unified kind of thing, but also why practical and epistemic reasons are substantively differ...

abstract Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to (...) reject all uses of shaming, but only to accept shaming within certain safeguards. Thus, despite Nussbaum's important reservations against shame punishments, it may still be possible for her to accept shaming within specific parameters such as those set out by the courts that protect the dignity of an offender. As a result, she need not be opposed to the use of legitimate shame punishment. (shrink)

BROOKS J and RAFFERTY AM. Nursing Inquiry 2010; 17: 142–150Education and role conflict in the health visitor profession, 1918–39Health visiting was the public health profession in the UK, which arose during the Victorian period to support and supervise the mothers of the nation. The health visitor was expected to teach the new mothers hygiene, infant feeding and diet, help them in the home when necessary and then report back to the Medical Officer for Health. Her role therefore was multifaceted (...) and required education and training from a number of differing bodies. She needed nursing skills to help with the practicalities of observation and home care, sanitary knowledge to ensure that the buildings were safe and training in law and epidemiology. In order to fulfil these professional requirements, by the middle of the twentieth century the health visitor was expected to be a nurse by background, be educated for health visiting in a university and understand community medicine. These differing and sometimes opposing requirements meant that the health visitor was often caught in-between conflicting ideologies. It is this idea of ‘in-betweenness’ from the work of the anthropologist Marilyn Strathern and its relation to the work and education of the health visitor that this article will focus. (shrink)

What sets someone on a life trajectory? This question is at the heart of studies of 21st-century neurosciences that build on scientific models developed over the last 150 years that attempt to link psychopathology risk and human development. Historically, this research has documented persistent effects of singular, negative life experiences on people’s subsequent development. More recently, studies have documented neuromolecular effects of early life adversity on life trajectories, resulting in models that frame lives as disproportionately affected by early negative experiences. (...) This view is dominant, despite little evidence of the stability of the presumably early-developed molecular traits and their potential effects on phenotypes. We argue that in the context of gaps in knowledge and the need for scientists to reason across molecular and phenotypic scales, as well as time spans that can extend beyond an individual’s life, specific interpretative frameworks shape the ways in which individual scientific findings are assessed. In the process, scientific reasoning oscillates between understandings of cellular homeostasis and organisms’ homeorhesis, or life trajectory. Biologist and historian François Jacob described this framework as the “attitude” that researchers bring to bear on their “objects” of study. Through an analysis of, first, historical and contemporary scientific literature and then ethnographic research with neuroscientists, we consider how early life trauma came to be associated with specific psychological and neurobiological effects grounded in understandings of life trajectories. We conclude with a consideration of the conceptual, ontological, and ethical implications of interpreting life trajectories as the result of the persistence of long-embodied biological traits, persistent life environments, or both. (shrink)

People frequently gesture when problem-solving, particularly on tasks that require spatial transformation. Gesture often facilitates task performance by interacting with internal mental representations, but how this process works is not well understood. We investigated this question by exploring the case of mental abacus, a technique in which users not only imagine moving beads on an abacus to compute sums, but also produce movements in gestures that accompany the calculations. Because the content of MA is transparent and readily manipulated, the task (...) offers a unique window onto how gestures interface with mental representations. We find that the size and number of MA gestures reflect the length and difficulty of math problems. Also, by selectively interfering with aspects of gesture, we find that participants perform significantly worse on MA under motor interference, but that perceptual feedback is not critical for success on the task. We conclude that premotor processes involved in the planning of gestures are critical to mental representation in MA. (shrink)

Although the terms mentor and thesis advisor (or research supervisor) are often used interchangeably, the responsibilities associated with these roles are distinct, even when they overlap. Neither are role models necessarily mentors, though mentors are role models: good examples are necessary but not sufficient. Mentorship is both a personal and a professional relationship. It has the potential for raising a number of ethical concerns, including issues of accuracy and reliability of the information conveyed, access, stereotyping and tracking of advisees, and (...) the abuse of power. Nevertheless, mentors can be critically important for professional success and are one of a number of elements that affect the responsible conduct of research. In addition, the community as a whole has a responsibility to mentor junior members. (shrink)

This examination of gardens--particulary English gardens of the eighteenth century--offers possible links between garden design and the arts.

The causal exclusion argument suggests that mental causes are excluded in favour of the underlying physical causes that do all the causal work. Recently, a debate has emerged concerning the possibility of avoiding this conclusion by adopting Woodward's interventionist theory of causation. Both proponents and opponents of the interventionist solution crucially rely on the notion of supervenience when formulating their positions. In this article, we consider the relation between interventionism and supervenience in detail and argue that importing supervenience relations into (...) the interventionist framework is deeply problematic. However, rather than reject interventionist solutions to exclusion wholesale, we wish to propose that the problem lies with the concept of supervenience. This would open the door for a moderate defence of the interventionist solution to the exclusion argument. (shrink)

The international rule of law hinges on the existence of a shared lexicon accepted by states and other actors in the international system. With no independent judicial system capable of determining the meaning of words and concepts, states must develop shared interpretations of the law and the concepts and terms it relies on, and be willing to abide by those shared interpretations. When such shared interpretations exist, key aspects of the rule of law can be present even in the absence (...) of an international judicial system; state behavior can be reasonably predictable, nonarbitrary, and transparent; and accountability can also be possible, albeit mainly through nonjudicial mechanisms. (shrink)

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss (...) the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification. (shrink)

Andreas von Hirsch's desert-based censure theory defends an influential penal theory centred on blame and proportionality. This article critically examines this theory and identifies three key problems relating to its justification of punishment and its distribution. The article argues that not all of these problems are resolvable, raising serious concerns about the tenability of censure theory in sentencing policy without significant modifications.

This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute innocent persons (...) for as long as we legalize capital punishment. Thus, on grounds of desert, this article argues that retributivists should oppose capital punishment. (shrink)

Recent work on epistemic integration in the life sciences has emphasized the importance of integration in thinking about explanatory practice in science, particularly for articulating a robust alternative to reductionism and anti-reductionism. This paper analyzes the role of models in balancing the relative contributions of lower- and higher-level epistemic resources involved in this process. Integration between multiple disciplines proceeds by constructing a problem agenda (Love 2008), a set of interrelated problems that structures the problem space of a complex phenomenon that (...) is investigated by many disciplines. The usage of models, it is argued, mark changes in a phenomenon’s problem agenda depending on the task that is expected of it. Particularly, it emphasizes the sensitivity of a problem agenda to changing attitudes in the solutions to the conceptual and empirical items constituting that agenda. The analysis will proceed by means of a case study, the Reichardt motion detector, a model that has been vital to the methodological and conceptual development of research on motion detection, especially in invertebrates. As will be seen, the history of the Reichardt model will exemplify the dynamic changes that occur in the interdisciplinary negotiations that comprise the active efforts of various sciences working to integrate their resources. (shrink)

This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...) and, therefore, economically less efficient than competing modes of trial. I do not argue that all human beings possess an inalienable legal right to be tried by a jury. However, it is my hope that this analysis will make clear what we might gain or lose when we propose jury reforms. (shrink)

It is widely accepted by the scientific community and beyond that human beings are primarily responsible for climate change and that climate change has brought with it a number of real problems. These problems include, but are not limited to, greater threats to coastal communities, greater risk of famine, and greater risk that tropical diseases may spread to new territory. In keeping with J. S. Mill's 'Harm Principle', green political theorists often respond that if we are contributing a harm to (...) others in contributing to climate change and its negative effects, we then have a negative duty to assist those we have harmed and to reduce our carbon emissions. In this paper, I will take seriously negative duties stemming from a contribution to climate change and demonstrate that our negative duties do not demand that we necessarily end our contribution to climate change if we were able to compensate those who may be affected by climate change. Thus, the conclusion of many green political theorists - that we must reduce our carbon emissions - does not necessarily follow from the view that humans are primarily responsible for climate change and its attended ill effects. (shrink)