Forensic psychiatry is a particular subspecialty within psychiatry, dedicated in applying psychiatric knowledge and psychiatric training for particular legal purposes. Given that within the scope of forensic psychiatry, a third party usually intervenes in the patient-doctor relationship, an amendment of the traditional ethical principles seems justified. Thus, 47 articles, two book chapters and the guidelines produced by the World Psychiatric Association, the American Association of Psychiatry and the Law, as well as by the Royal Australian and New Zealand (...) College of psychiatrists, were analyzed. The review revealed that the ethics of correctional forensic psychiatry and those of legal forensic psychiatry do not markedly differ from each other, but they are incongruent in terms of implementation. In an effort to better understand which ethical principles apply to forensic psychiatry, a chronological review of the literature published from 1950 to 2015 was carried out. The ethics of correctional forensic psychiatry are primarily deontological. The principle of justice translates into the principle of health care equivalence, the principle of beneficence into providing the best possible care to patients, and the principle of respect of autonomy into ensuring confidentiality and informed consent. The ethics of legal forensic psychiatry are rather consequentialist. In this latter setting, the principle of justice is mainly characterized by professionalism, the principle of beneficence by objectivity and impartiality, and the principle of respect of autonomy by informed consent. However, these two distinct fields of forensic psychiatry share in common the principle of non maleficence, defined as the non collaboration of the psychiatrist in any activity leading to inhuman and degrading treatment or to the death penalty. (shrink)

Forensic DNA phenotyping (FDP) is an emerging technology that seeks to make probabilistic inferences regarding a person’s observable characteristics (“phenotype”) from DNA. The aim is to aid criminal investigations by helping to identify unknown suspected perpetrators, or to help with non-criminal missing persons cases. Here we provide results from the analysis of 36 interviews with those who have a professional stake in FDP, including forensic scientists, police officers, lawyers, government agencies and social scientists. Located in eight EU countries, (...) these individuals were asked for their views on the benefits and problems associated with the prospective use of FDP. While all interviewees distinguished between those phenotypic tests perceived to either raise ethical, social or political concerns from those tests viewed as less ethically and socially problematic, there was wide variation regarding the criteria they used to make this distinction. We discuss the implications of this in terms of responsible technology development. (shrink)

Scientific evidence is often more reliable than other types of evidence commonly used in criminal trials – i.e., eyewitness identifications, confessions, and informant testimony. Nevertheless, despite its obvious value, forensic science has not always merited the term “science.” Three developments in the 1990s focused attention on its shortcomings: the advent of DNA profiling, the Supreme Court's “junk science” decision, and a number of wellpublicized crime laboratory scandals. In light of these developments, and in order to take full advantage (...) of the power of forensic science to aid in the search for truth, a number of reforms are needed: Crime laboratories should be accredited, lab procedures should be standardized, and basic research needs to be conducted on many commonly used techniques. Court procedures also require improvement: Defense experts should be more readily available to indigent defendants, and more comprehensive pretrial disclosure of the substance of expert testimony should be provided. (shrink)

Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of ‘moral certainty’, scientific proof attained a reputation for objectivity. Although most forms of legal evidence continue to be treated as fallible ‘opinions’ rather than objective ‘facts’, forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status (...) of forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The ‘administrative objectivity’ of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of ‘truth’ in the criminal justice system. (shrink)

Academic misconduct in all its various forms is a challenge for degree-granting institutions. Whilst text-based plagiarism can be detected using tools such as Turnitin™, Plagscan™ and Urkund™, contract cheating and collusion can be more difficult to detect, and even harder to prove, often falling to no more than a ‘balance of probabilities’ rather than fact. To further complicate the matter, some students will make deliberate attempts to obfuscate cheating behaviours by submitting work in Portable Document Format, in image form, or (...) by inserting hidden glyphs or using alternative character sets which text matching software does not always accurately detect.Educators do not tend to think of academic misconduct in terms of criminality per se, but the tools and techniques used by digital forensics experts in law enforcement can teach us much about how to investigate allegations of academic misconduct. The National Institute of Standards and Technology’s Glossary describes digital forensics as ‘the application of computer science and investigative procedures involving the examination of digital evidence - following proper search authority, chain of custody, validation with mathematics, use of validated tools, repeatability, reporting, and possibly expert testimony.’. These techniques are used in criminal investigations as a means to identify the perpetrator of, or accomplices to, a crime and their associated actions. They are sometimes used in cases relating to intellectual property to establish the legitimate ownership of a variety of objects, both written and graphical, as well as in fraud and forgery. Whilst there have been some research articles and case studies that demonstrate the use of digital forensics techniques to detect academic misconduct as proof of concept, there is no evidence of their actual deployment in an academic setting.This paper will examine some of the tools and techniques that are used in law enforcement and the digital forensics field with a view to determining whether they could be repurposed for use in an academic setting. These include methods widely used to determine if a file has been tampered with that could be repurposed to identify if an image is plagiarised; file extraction techniques for examining meta data, used in criminal cases to determine authorship of documents, and tools such as FTK™ and Autopsy™ which are used to forensically examine single files as well as entire hard drives. The paper will also present a prototype of a bespoke software tool that attempts to repurpose some of these techniques into an automated process for detecting plagiarism and / or contract cheating in Word documents.Finally, this article will discuss whether these tools have a place in an academic setting and whether their use in determining if a student’s work is truly their own is ethical. (shrink)

This paper focuses on the normative analysis—in the sense of the classic decision-theoretic formulation—of decision problems that arise in connection with forensic expert reporting. We distinguish this analytical account from other common types of decision analyses, such as descriptive approaches. While decision theory is, since several decades, an extensively discussed topic in legal literature, its use in forensic science is more recent, and with an emphasis on goals such as the analysis of the logical structure of forensic (...) expert conclusions regarding, for example, propositions of common source of evidential and known materials. Typical examples are so-called identification decisions, especially categorical conclusions according to which fingermarks come from a particular a person of interest. We will present and compare ways of stating forensic identification decisions in decision-theoretic terms and explain their underlying rationale. In particular, we will emphasize the importance of viewing this analysis as normative in the sense of providing a reflective rather than a prescriptive reference point against which people in charge of forensic identification decisions may compare their otherwise intuitive and informal reasoning, before acting. Normative decision analysis in forensic science thus provides a vector through which current practice can be articulated, scrutinized and rethought. (shrink)

“DNAPrint Genomics, Inc. has applied the most recent advancements in human genomic technology for the deciphering of an individual's race. We are proud to introduce to the forensic community DNA WITNESS 2.0, a genetic test for the deduction of the heritable component of race, called Biogeographical Ancestry.”–Z. Gaskin“One definite and obvious consequence of the complexity of human demographic history is that races in any meaningful sense of the term do not exist in the human species.”–D. B. Goldstein and (...) L. Chikhi. (shrink)

Current research suggests that nonclinical forensic psychologists[sup1] are appearing increasingly more often in the legal arena. We argue that many of the ethical dilemmas that face these psychologists differ from those encountered by clinical forensic psychologists. To test the accuracy of this assertion, 37 nonclinical forensic psychologists were surveyed to identify some of the ethical issues and dilemmas they have encountered while engaging in expert testimony or pretrial consulting. Respondents were asked also about how they have resolved (...) these ethical issues and whether they were aware of the "Specialty Guidelines for Forensic Psychologists" (Committee on Ethical Guidelines for Forensic Psychologists, 1991). Results of the survey are discussed in terms of the need for additional regulatory guidelines or professional standards that speak directly to the ethical issues confronting nonclinical, forensic expert witnesses and consultants. (shrink)

El propósito es una lectura de la tercera edición del Facundo como estrategia de Domingo Faustino Sarmiento para la concreción de fines políticos. El estudio se centra en el nuevo escrito que el autor inserta en esta edición: "El Chacho, último caudillo de la montonera de los llanos". Se aborda, desde el campo de la Historia Intelectual, la historicidad del concepto "caudillismo", analizando los usos que hace Sarmiento del término en sus diversos contextos de enunciación. A su vez se propone (...) un análisis de la historicidad del texto mismo, observando las estrategias discursivas con que opera su autor para intervenir en la escena política. The aim is a reading of the 3rd edition of Facundo as a strategy by Domingo Faustino Sarmiento to achieve political purposes. The study focuses on the addition by the author in this edition of: "El Chacho, último caudillo de la montonera de los llanos". It discusses, from the field of Intellectual History, the historicity of the concept of "warlordism", analyzing the uses that Sarmiento makes of the term in its various contexts of enunciation. At the same time it proposes an analysis of the historicity of the text itself, observing the discursive strategies that the author operates to intervene in the political scene. (shrink)

This study analyzes the questions on aspects of child custody, visitation rights, or child endangerment that judges pose to forensic psychologists in family law proceedings. Before conducting a psychological evaluation, the legal question in the referral has to be translated into case-specific, forensically relevant issues. The only overarching principle guiding this process is the “best interests of the child” criterion. Literature indicates that judges often struggle to define what variables should be specified for a psychological evaluation in their referral (...) questions. This study aims to contribute to a better understanding of the information judges would like to ascertain from psychological evaluators in child custody and child protection proceedings—an understanding allowing a clearer determination of whether forensic psychologists as experts can deliver this information. Latent Dirichlet allocation (LDA) is used to analyze the referral questions that these judges pose to forensic evaluators in terms of (a) underlying topics (latent dimensions) that can be identified within the referral questions and (b) the probability distributions of legal terms and forensic issues contained in the referral questions. This analysis is based on unclassified text data extracted from German court files. Five topics (latent dimensions) were identified within referral questions resembling cases when the issue was as follows: (a) potential child endangerment in the context of visitation contacts, (b) a possibly limited parenting capacity and its potential effects on child well-being, (c) an impairment of the child has already occurred or could occur, (d) a better option concerning custody and residence, and (e) an unclear topic addressing questions on custody, residence, and visitation in which no specific psychological constructs are involved. In four of the five topics, judges utilize their referral questions to ask for case-group-specific psychological information. In one topic addressing questions on custody, residence, and visitation, judges seem to struggle to define criteria that forensic evaluators should assess. Overall, results help to identify and define more clearly the relevant constructs that forensic experts should examine from the perspective of the courts with the goal of making clearer and more accurate recommendations. (shrink)

Cybercrime has increased significantly, recently, as a result of both individual and group criminal practice, and is now a threat to individuals, organisations, and democratic systems worldwide. However, cybercrime raises two main challenges for legal systems: firstly, because cybercriminals operate online, cybercrime spans beyond the boundaries of specific jurisdictions, which constrains the operation of the police and, subsequently, the conviction of the perpetrators; secondly, since cybercriminals can operate from anywhere in the world, law enforcement agencies struggle to identify the origin (...) of the communications, especially when obfuscation strategies are used, e.g. dark web fora. Nevertheless, cybercriminals inherently use language to communicate, so the linguistic analysis of suspect communications is particularly helpful in deterring cybercriminal practice. This article reports the potential of forensic translation in the fight against cybercrime. Although the term ‘forensic translation’ is typically understood as a synonym of ‘legal translation’, it is argued that the implications of forensic translation span beyond those of legal translation, to include analyses of language rights, of the right to interpretation and translation in legal procedures (in the EU), or even investigative and intelligence practices. Translation is a pervasive activity that is conducted, not only by professional translators, but also by lay speakers of language, often using machine translation systems. The ease of use of the latter makes it particularly suitable for cross-border criminal (e.g. extortion or fraud) and cybercriminal communications (e.g. cybertrespass, cyberfraud, cyberpiracy, cyberporn or child online porn, cyberviolence or cyberstalking). This article presents the results of the analysis of cybercriminal communications from a forensic translation perspective. It demonstrates that translation is frequently used to spread cybercriminal communications, and that reverse-engineering the translational procedure will assist law enforcement agencies in narrowing down their pool of suspects and, consequently, deter cybercriminal threats. (shrink)

The importance of non-codifying DNA polymorphism for the administration of justice is now well known. In Spain, however, this type of test has given rise to questions in recent years: Should consent be obtained before biological samples are taken from an individual for DNA analysis? Does society perceive these techniques and methods of analysis as being reliable? There appears to be lack of knowledge concerning the basic norms that regulate databases containing private or personal information and the protection that information (...) of this type must be given. This opinion survey and the subsequent analysis of the results in ethical terms may serve to reveal the criteria and the degree of information that society has with regard to DNA databases. In the study, 73.20% of the population surveyed was in favour of specific legislation for computer files in which DNA analysis results for forensic purposes are stored. (shrink)

Ferdinand Schoeman (1986) attempts to refute six arguments that I gave in The Probable and the Provable (1977, pp. 49-120) for not analyzing the standards of forensic proof in terms of any concept of probability that conforms to the familiar principles of the mathematical calculus of chance. But he evidently does not appreciate the strength of the case for rejecting the validity of any such analysis. In the course of discussing his criticisms, I shall add a seventh argument to (...) fortify my position, though I concede that the second of my original arguments has to be discarded. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 479-495.

Many think John Locke's account of personal identity is inconsistent and circular. It's neither of these things. The root causes of the misreading are [i] the mistake of thinking that Locke uses 'consciousness' to mean memory, [ii] failure to appreciate the importance of the ‘concernment’ that always accompanies ‘consciousness’, on Locke's view, [iii] a tendency to take the term 'person', in Locke's text, as if it were only some kind of fundamental sortal term like ‘human being’ or ‘thinking (...) thing’, and to fail to take proper account of Locke's use of it as a forensic term. It's well known that Locke uses 'person' as a forensic term, but the consequences of this have still not been fully worked out. (shrink)

This essay examines Locke’s chapter “Of Identity and Diversity” (Essay 2.27) in the context of the series of chapters on ideas of relations (Essay 2.25–28) that precede and follow it. I begin by introducing Locke’s account of how we acquire ideas of relations. Next, I consider Locke’s general approach to individuation and identity over time before I show how he applies his general account of identity over time to persons and personal identity. I draw attention to Locke’s claim that “person” (...) is a forensic term and analyse his arguments for why the sameness of a human being and the sameness of a substance or soul are neither necessary nor sufficient for personal identity. Instead, Locke argues that personal identity consists in sameness of consciousness. Locke regards persons as moral agents who are accountable for their actions. If a person now is held accountable for a past action it is important that the person now is the same person as the person who did the action. This means that moral accountability presupposes personal identity. Additionally, it will be important to consider whether the person deserves reward or punishment for the action. Locke’s account of moral relations, which he develops in Essay 2.28, addresses this issue and I show how it supplements his account of persons and personal identity. (shrink)

The concept of person is integral to bioethical discourse because persons are the proper subject of the moral domain. Nevertheless, the concept of person has played no role in the prevailing formulation of human death because of a purported lack of consensus concerning the essential attributes of a person. Beginning with John Locke's fundamental proposition that person is a ‘forensic term’, I argue that in Western society we do have a consensus on at least one necessary condition for (...) personhood, and that is the capacity for conscious experience. When we consider the whole brain formulation of death, and the most prominent defense of it by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, we can readily identify the flaws that grow out of the failure to define human death as the permanent loss of the capacity for conscious experience. Most fundamental among these flaws is a definition of human death that reduces persons to the capacity of the brain to regulate purely physiological functioning. Such a formulation would, in theory, apply to any member of the animal kingdom. I suggest that an appropriate concept of death should capture what it is about a particular living being that is so essential to it that the permanent loss of that thing constitutes death. What is essential to being a human being is living the life of a person, which derives from the capacity for conscious experience. (shrink)

I offer an interpretation of John Locke’s account of persons and personal identity that gives full credit to Locke’s claim that “person” is a forensic term, sheds new light on the relation between Locke’s characterizations of a person in sections 9 and 26, and explains how Locke links his moral and legal account of personhood to his account of personal identity in terms of sameness of consciousness. I show that Locke’s claim that sameness of consciousness is necessary for (...) personal identity depends on two components: first, his particular moral and legal conception of a person and, second, his particular understanding of the conditions of just accountability for past actions. Had Locke given a different account of personhood, or thought differently about the conditions of just accountability, he might have given a nonpsychological account of personal identity. (shrink)

This dissertation defends Berkeley's spirit-based Idealism by way of providing an interpretation of the fundamental distinction of his metaphysics, the "active/passive" distinction. I argue that Berkeley developed a distinctively normative reading of "activity" and "passivity" during the exploration of the limits of Lockean-style empiricism recorded in his preparatory notebooks, the Philosophical Commentaries, limits that became especially apparent in connection with the notion of the self or "spirit". After considering and rejecting a proto-Humean "bundle theory" of the self, Berkeley formulated the (...) irreducibly normative conception of "spirit" characteristic of all his published works. In Berkeley's hands, 'spirit' is what Locke would have called a "forensic term, appropriating actions and their merit." The active/passive distinction consequently concerns one's responsibility for something: If a spirit is "active" with respect to X, then X is dependent upon that spirit's will, and, correlatively, it is responsible, answerable, or accountable for X. If a spirit is "passive" with respect to X, then it is not responsible for X. Since Berkeley's idealism is notoriously a spirit-based ontology, the consequences of these understandings were sweeping and dramatic. In the balance of the dissertation I pursue the implications of this interpretation with respect to Berkeley's view of semantics, ontological commitment, knowledge of other minds, and freedom and determinism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.1 (2005) 27-29 [Access article in PDF] Community, Consciousness, and Dynamic Self-Understanding Marya Schechtman Keywords consciousness, unconscious, self-understanding, embedded consciousness, personal identity I would like to thank both of my commentators for their generous and insightful comments. After an extremely clear and accurate summary of my position, Grant Gillett suggests that it should be supplemented with a recognition that the self-understanding I describe is rooted (...) in culture and social practice. I agree wholeheartedly with the need for such a supplement. In this paper, I try to switch from the emphasis on contents of consciousness found in traditional developments of the Lockean insight to an emphasis on the fact of reflective self-consciousness, which I think better captures what seems right in Locke's view. My suggestion is that we take up Locke's claim that the essential feature of personhood is awareness of oneself as a self, and understand this self-awareness in terms of an implicit demand for intelligibility in one's conscious experience. Considering oneself as a self requires that one view one's current state not as a free-standing moment that might or might not be related in appropriate ways to the states of a freestanding past or future self, but rather as part of an unfolding life story. This involves, among other things, an acknowledgment of our obligation to questions such as: "Why do I feel this way?" or "Why am I doing this?" Being a self involves holding oneself accountable for what one is doing and feeling. In this case the accountability is to oneself.The possibility of being accountable to oneself obviously depends, however, on a cultural context in which there is such a thing as accountability to others. It is only against a backdrop where others may call for an explanation of one's behavior or speech—and where not all explanations count as legitimate—that one can demand intelligibility from oneself. Children must be socialized into personhood by learning the right questions to ask about how their lives hang together, and what kinds of answers count as answers to those questions. Person, in Locke's sense, is a normative and forensic term, and is therefore inherently bound up with public standards. My point here is the somewhat limited claim that the attitude toward our own lives and experience, which is self-constituting, giving us a sense of ourselves as persisting beings, will involve this kind of accountability to oneself. I agree, however, that the tools for achieving this sort of attitude come in with mother's milk and early socialization. A fuller development of my claim thus [End Page 27] requires much more discussion of the role of culture and society in self-constitution. I begin such a discussion in my Constitution of Selves (1996), and hope to take it up in more detail in future work.Markus Heinimaa (2005) wonders if I have gone far enough in rejecting traditional approaches to the problem of personal identity. Although I say that the perceiver-self is not a homunculus, I do talk about it as if it is an entity, and about the unconscious as if it is a place inside this entity where psychological states can hide. Heinimaa's suggestion is that both the perceiver self and the unconscious are unnecessary complications, and that I can achieve my goal without them. Locke's insight can be better (or at least as well) captured, he suggests, with a kinetic view of the person as a process of self-understanding. These challenges are well taken. Although I cannot fully answer them here, perhaps I can clarify my position somewhat, and in so doing motivate some of my assumptions.I begin with my assumption of unconscious mental states and processes. My discussion starts from the idea that there are considerations pulling us toward the claim that the person must be identified with consciousness, and also considerations pulling us toward the view that the person must be more than conscious experience. The first set of considerations is laid out in some detail in... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.1 (2005) 27-29 [Access article in PDF] Community, Consciousness, and Dynamic Self-Understanding Marya Schechtman Keywords consciousness, unconscious, self-understanding, embedded consciousness, personal identity I would like to thank both of my commentators for their generous and insightful comments. After an extremely clear and accurate summary of my position, Grant Gillett suggests that it should be supplemented with a recognition that the self-understanding I describe is rooted (...) in culture and social practice. I agree wholeheartedly with the need for such a supplement. In this paper, I try to switch from the emphasis on contents of consciousness found in traditional developments of the Lockean insight to an emphasis on the fact of reflective self-consciousness, which I think better captures what seems right in Locke's view. My suggestion is that we take up Locke's claim that the essential feature of personhood is awareness of oneself as a self, and understand this self-awareness in terms of an implicit demand for intelligibility in one's conscious experience. Considering oneself as a self requires that one view one's current state not as a free-standing moment that might or might not be related in appropriate ways to the states of a freestanding past or future self, but rather as part of an unfolding life story. This involves, among other things, an acknowledgment of our obligation to questions such as: "Why do I feel this way?" or "Why am I doing this?" Being a self involves holding oneself accountable for what one is doing and feeling. In this case the accountability is to oneself.The possibility of being accountable to oneself obviously depends, however, on a cultural context in which there is such a thing as accountability to others. It is only against a backdrop where others may call for an explanation of one's behavior or speech—and where not all explanations count as legitimate—that one can demand intelligibility from oneself. Children must be socialized into personhood by learning the right questions to ask about how their lives hang together, and what kinds of answers count as answers to those questions. Person, in Locke's sense, is a normative and forensic term, and is therefore inherently bound up with public standards. My point here is the somewhat limited claim that the attitude toward our own lives and experience, which is self-constituting, giving us a sense of ourselves as persisting beings, will involve this kind of accountability to oneself. I agree, however, that the tools for achieving this sort of attitude come in with mother's milk and early socialization. A fuller development of my claim thus [End Page 27] requires much more discussion of the role of culture and society in self-constitution. I begin such a discussion in my Constitution of Selves (1996), and hope to take it up in more detail in future work.Markus Heinimaa (2005) wonders if I have gone far enough in rejecting traditional approaches to the problem of personal identity. Although I say that the perceiver-self is not a homunculus, I do talk about it as if it is an entity, and about the unconscious as if it is a place inside this entity where psychological states can hide. Heinimaa's suggestion is that both the perceiver self and the unconscious are unnecessary complications, and that I can achieve my goal without them. Locke's insight can be better (or at least as well) captured, he suggests, with a kinetic view of the person as a process of self-understanding. These challenges are well taken. Although I cannot fully answer them here, perhaps I can clarify my position somewhat, and in so doing motivate some of my assumptions.I begin with my assumption of unconscious mental states and processes. My discussion starts from the idea that there are considerations pulling us toward the claim that the person must be identified with consciousness, and also considerations pulling us toward the view that the person must be more than conscious experience. The first set of considerations is laid out in some detail in... (shrink)

John Locke offered a very rich and influential account of persons and personal identity in “Of Identity and Diversity,” which is chapter 27 of Book 2 of his An Essay concerning Human Understanding. He added it to the second edition in 1694 upon the recommendation of his friend William Molyneux. Locke’s theory was soon after its publication discussed by his contemporaries and has influenced many present-day discussions of personal identity. Distinctive about Locke’s theory is that he argues that the notion (...) of a person is to be distinguished from that of a human organism, or “man” to use Locke’s term, and that of a substance. By distinguishing the notion of a person from the more traditional notions of a human organism and a substance, Locke is able to address moral questions of accountability without having to take a stance on the question of whether the underlying ontological constitution of a person is material or immaterial. The chapter can be divided into two parts: in the first he outlines his general account of identity, and in the second he applies his general account of identity to persons and personal identity. The discussion of Locke’s general account of identity in the secondary literature has focused on whether Locke’s account of identity can be regarded as a version of the thesis that identity is relative and on how Locke understands modes and substances in chapter 27. The secondary literature on Locke’s account of persons and personal identity often focuses on how Locke’s claim that personal identity consists in sameness of consciousness is to be understood. However, some interpreters also draw attention to the importance of the moral and legal dimension which Locke makes explicit in his claim that “person” is a forensic term (II.xxvii.26). Moreover, some scholars have argued that Locke’s theory is to be understood in its religious context. The objections which have repeatedly been raised against Locke include the problem of circularity and the problem of transitivity; Locke’s reference to “fatal error” in II.xxvii.13 has also been regarded as a serious problem for his view. In the 20th century, psychological accounts of personal identity were often called neo-Lockean theories. It is controversial whether neo-Lockean theories differ from Locke’s own theory, and it can be asked whether the moral and religious dimension of Locke’s theory constitutes an important difference. (shrink)

John Locke claims both that ‘person’ is a forensic term and that personal identity consists in sameness of consciousness. The aim of my dissertation is to explain and critically assess how Locke links his moral and legal account of personhood to his account of personal identity in terms of sameness of consciousness. My interpretation of Locke’s account of persons and personal identity is embedded in Locke’s sortal-dependent account of identity. Locke’s sortal-dependent account of identity provides an important theoretical (...) framework for my interpretation: It makes clear that Locke’s account of personhood is to be considered separately from his account of personal identity. My approach gives full credit to Locke’s claim that ‘person’ is a forensic term, because I argue that persons, according to Locke, belong to a moral and legal kind of being: they are subjects of accountability. On this basis I argue that two components explain why Locke argues that personal identity consists in sameness of consciousness: firstly, his particular moral and legal conception of a person, and, secondly, his particular understanding of the conditions of just accountability and just reward and punishment. Given one accepts Locke’s conception of a person and his understanding of the conditions of just accountability, it will be easy to see why Locke regards sameness of consciousness to be necessary for personal identity, but the more challenging question is whether sameness of consciousness is also sufficient. I critically assess this question by considering Locke’s account of persons and personal identity within Locke’s epistemological, metaphysical and religious views. I will argue that, at least from the divine perspective, the underlying ontological constitution has to be taken into consideration and that it is a verbal question whether Locke’s term ‘consciousness’ refers not only to phenomenologically given consciousness, but also to the underlying ontological constitution. (shrink)

According to Ruth Boeker, her account is unusual in "distinguishing Locke's account of personhood from his account of personal identity," which allows her to make sense of "both his claim that 'person' is a forensic term and his claim that personal identity consists in the same consciousness". In her emphasis on the connection between personhood and responsibility, Boeker's position is like the one advanced in Galen Strawson's recent book, but where Strawson emphasizes the connection between personality and responsibility (...) in this life, Boeker emphasizes it in the life to come. According to her... (shrink)

Forensic authorship analysis is based on two assumptions: that every individual has a unique idiolect, and that features characteristic of that idiolect will recur with a relatively stable frequency. Yet, a speaker’s language can change with age, affective states, according to audience, or genre. Thus, studies on authorship analysis should adopt the theory that while some linguistic parameters of an idiolect can remain stable, others can change depending on various circumstances. This investigation, which takes a constructional and functional-based approach (...) to discourse-level phenomena in idiolectal stability, analyzes cross-genre data produced by nine Mexican participants throughout a twelve-year time span. This study contributes to a greater understanding of the linguistic elements that survive genre effects and are potentially useful in both investigative and evidential forensic linguistic work. We provide a detailed description of linguistic features, their specific values, and context-dependent interpretation, keeping in mind the context of expert linguistic testimony, with its preference for methods which “employ linguistically motivated analyses in combination with quantitative tools” (Solan & Tiersma, 2004, p.463). Our findings show that idiolectal style tends to remain stable across genres and communication modes in epistemic modality constructions. Epistemic markers —specifically, markers indicating low commitment by the speaker (e.g., _no sé_ ‘I don’t know’) or expressing indirectness when introducing the illocutionary force (e.g., _la verdad [es que]_ ‘the truth [is that]’)— display idiolectal stability, as these markers seem to be the most effective in terms of allowing speakers to strategically manifest the extent of their knowledge regarding what is said. (shrink)

This review discusses Harold Berman’s, Law and Language, published by Cambridge University Press in 2013. It locates this short book in relation to Berman’s extensive body of publications in international and comparative law, and asks what contribution the book’s recent, posthumous publication can make to current debates over approaches to forensic linguistics. Particular attention is given to Berman’s conceptualisation of law as a ‘living language’, as well as to his coining of the term ‘communification’ to describe the value (...) of legal-lay dialogue in building a public sense of community and in sustaining the legitimacy of legal systems. (shrink)

The term “psychopath” has enjoyed wide currency both in popular culture and among specialists in forensic psychiatry. Historians, however, have generally neglected the subject. This essay examines the history of psychopathy in the country that first coined the term, developed the concept, and debated its treatment: Germany. While the notion can be traced to nineteenth-century psychiatric ideas about abnormal, yet not completely pathological, character traits, the figure of the psychopath emerged out of distinctly twentieth-century preoccupations and institutions. (...) The vagueness and plasticity of the diagnosis of psychopathy proved to be one of the keys to its success, as it was embraced and employed by clinicians, researchers, and the mass media, despite attempts by some to curb its use. Within the span of a few decades, the image of the psychopath became one of a perpetual troublemaker, an individual who could not be managed within any institutional setting. By midcentury, psychopaths were no longer seen as simply nosological curiosities; rather, they were spatial problems, individuals whose defiance of institutional routine and attempts at social redemption stood in for an attributed mental status. The history of psychopathy therefore reveals how public dangers and risks can be shaped and defined by institutional limitations. (shrink)

Currently, psychopathy and related terms such as antisocial personality disorder are popular yet problematic constructs within forensic psychology and other disciplines. Psychopathy is traced typically to the works of Pinel and Prichard in the early 19th century, and it has even been linked to biblical passages, although there appears to be little or no support for the latter claim. The first use of the term psychopathy in German psychiatry of the mid-19th century referred only to psychological disturbance in (...) general, or ‘personality diseases’, although German psychiatrists such as Kraepelin did propose more specific definitions of the term related to social deviance. Our modern understanding of psychopathy as a psychiatric disorder of an undetermined genetic origin involving antisocial elements and a lack of feeling or concern for others owes much to the clinical work and writings of Cleckley. Antisocial personality disorder appears similarly to derive from the work of psychiatric nosologists like Kraepelin and Schneider, while sociopathy is due more to the work of Partridge in the 1920s and 1930s. (shrink)

The book was planned and written as a single, sustained argument. But earlier versions of a few parts of it have appeared separately. The object of this book is both to establish the existence of the paradoxes, and also to describe a non-Pascalian concept of probability in terms of which one can analyse the structure of forensic proof without giving rise to such typical signs of theoretical misfit. Neither the complementational principle for negation nor the multiplicative principle for conjunction (...) applies to the central core of any forensic proof in the Anglo-American legal system. There are four parts included in this book. Accordingly, these parts have been written in such a way that they may be read in different orders by different kinds of reader. (shrink)

Tragedy as Philosophy in the Reformation World' examines how sixteenth- and seventeenth-century poets, theologians, and humanist critics turned to tragedy to understand providence and agencies human and divine in the crucible of the Reformation. Rejecting familiar assumptions about tragedy, vital figures like Philipp Melanchthon, David Pareus, Lodovico Castelvetro, John Rainolds, and Daniel Heinsius developed distinctly philosophical ideas of tragedy,irreducible to drama or performance, inextricable from rhetoric, dialectic, and metaphysics. In its proximity to philosophy, tragedy afforded careful readers crucial insight into (...) causality, probability, necessity, and the terms of human affect and action. With these resources at hand, poets and critics produced aseries of daring and influential theses on tragedy between the 1550s and the 1630s, all directly related to pressing Reformation debates concerning providence, predestination, faith, and devotional practice. Under the influence of Aristotle's Poetics, they presented tragedy as an exacting forensic tool, enabling attentive readers to apprehend totality. And while some poets employed tragedy to render sacred history palpable with new energy and urgency, others marshalled a precise philosophicalnotion of tragedy directly against spectacle and stage-playing, endorsing anti-theatrical theses on tragedy inflected by the antique Poetics. In other words, this work illustrates the degree to which some of the influential poets and critics in the period, emphasized philosophical precision at the0expense of-even to the exclusion of-dramatic presentation. (shrink)

By focusing on the exchange between Descartes and Hobbes on how the self is related to its activities, Berkeley draws attention to how he and Hobbes explain the forensic constitution of human subjectivity and moral/political responsibility in terms of passive obedience and conscientious submission to the laws of the sovereign. Formulated as the language of nature or as pronouncements of the supreme political power, those laws identify moral obligations by locating political subjects within those networks of sensible signs. When (...) thus juxtaposed with Hobbes, Berkeley can be understood as endorsing a theologically inflected version of deontological ethics in which moral laws are linked directly to the constitution of the self. (shrink)

With a “big tent” understanding of bioethics, this dictionary provides definitions of 755 important terms drawn from a wide variety of contexts: medicine, nursing, behavioral health, forensic science, research ethics, public safety, social work, and epidemiology, on the one hand; bioethics, ethics, law, history, philosophy, and theology, on the other. Bioethical approaches and ethical categories are given their due, as are the major theoretical orientations. Terms from outside the USA, especially the UK, are in evidence. Many Greek and a (...) few Latin equivalents are provided; for example, “cloning.” Cross references abound. That’s Part 1. Part 2 offers single-paragraph introductions, 95 in all, to Historical Figures from a number of fields: medicine and nursing, dentistry and pharmacy, certainly; but there are also philosophers, scientists, environmentalists, public health pioneers, noteworthy psychologists and psychiatrists—along with many others. The religions are not neglected: important Christian thinkers are represented along with nine famous clinicians from the Islamic Golden Age. This resource offers the definitions of important terms and the identifications of historical figures that everyone interested in bioethics should have access to. (shrink)

We have argued elsewhere that moral responsibility over time depends in part upon the having of psychological connections which facilitate forms of self-control. In this chapter we explore the importance of mental time travel - our ordinary ability to mentally travel to temporal locations outside the present, involving both memory of our personal past and the ability to imagine ourselves in the future - to our agential capacities for planning and control. We suggest that in many individuals with dissociative disorders, (...) forms of amnesia, or other frontal lobe damage, our capacity for mental time travel is impaired, resulting in commensurate losses to agency autonomy, and a forensic condition essential for holding persons responsible: in legal terms, the capacity for mens rea. (shrink)

Psychopathy attracts considerable interdisciplinary interest. The idea of a group of people with abnormal morality and interpersonal relations raises important philosophical, legal, and clinical issues. However, before engaging these issues, we ought to examine whether this category is scientifically grounded. We frame the issue in terms of the question whether ‘psychopathy’ designates a natural kind according to the cluster approaches. We argue that currently there is no sufficient evidence for an affirmative answer to this question. Furthermore, we examine three ways (...) of dealing with the category of psychopathy. We could eliminate the category, revise it, or subscribe to a more encompassing account of kinds, which could capture psychopathy as it is currently conceptualized. We argue that while a revision of the category of psychopathy is to be expected with empirical and theoretical advancements, we also emphasize its role in clinical and forensic research that makes it an important pragmatic kind. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet (...) the minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Aristotle’s Phantasia in the Rhetoric:Lexis, Appearance, and the Epideictic Function of DiscourseNed O’GormanIntroductionThe well-known opening line of Aristotle's Rhetoric, where he defines rhetoric as a "counterpart" (antistrophos) to dialectic, has spurred many conversations on Aristotelian rhetoric and motivated the widespread interpretation of Aristotle's theory of civic discourse as heavily rationalistic. This study starts from a statement in the Rhetoric less discussed, yet still important, that suggests that a visual (...) aspect inheres in Aristotle's theory of rhetoric. Near the beginning of book 3, which deals with lexis (style, sometimes subsuming delivery1 ), Aristotle conjoins lexis and phantasia with the copula "is" (eimi): "The subject of expression [lexeôs], however, has some small necessary place in all teaching; for to speak in one way rather than another does make some difference in regard to clarity, though not a great difference; but all these things are forms of outward show [phantasia] and intended to affect the audience" (1404a).2 Whereas scholars exploring the relationship between rhetoric and dialectic have compared and contrasted the Rhetoric and the Topics, I explore rhetoric's relationship with phantasia by reading the Rhetoric alongside De Anima. De Anima is Aristotle's seminal account of the senses and their relationship to psychê (often translated "soul"). It addresses topics intimately connected to rhetoric: perception, cognition, deliberation, visualization, imagination, and the image. Phantasia is integral to each of these psychic processes and to Aristotle's understanding of the function of appearance in human experience. Hence, itis a lens suitable for exploring the relationship between Aristotle's conception of civic discourse and his notions of sight and appearances as they relate to perception, interpretation, deliberation, and judgment. I find in Aristotle's phantasia a tie between his art of rhetoric and his psychology and phenomenology (anachronistic though these terms are). Aristotle's psychological works, as Richard McKeon points out, are foundational to Aristotle's philosophy, and thus to his Rhetoric. [End Page 16] "Psychological inquiries occupy an extremely important position in the philosophy of Aristotle, for the conception of the psychê lays the foundation for the continuity of functions in nature" (1947, 142). De Anima, especially, articulates the psychological and phenomenological conceptions often tacitly at work in the Rhetoric.The importance of phantasia for the trajectory of ancient rhetorical and aesthetic theory is seen in the parallels between the visual arts, rhetoric, and poetics in Greek and Roman thought.3 As David Freedberg states (perhaps, slightly overstates), parallels between painting and poetry are "to be found everywhere in classical literature" (1989, 50). With respect to such visual-verbal parallels in Aristotle, D. Thomas Benediktson's reading of Aristotle's psychological, poetic, and rhetorical works concludes that phantasia ties together the visual and the literary. "[Aristotle's passages on phantasia] do help to see why Aristotle took for granted the similarity, almost the identity, of literature and the visual arts. Both types of art are imagistic; they present to the viewer either an image, as in visual art, or as in literature, a set of moving images that the soul then uses as raw data (phantasia) to enable thought to occur" (2000, 170). Phantasia developed a legacy in Hellenistic aesthetics, where it came to designate suprarealism in painting, moving art "beyond imitation" (Fowler 1989, 180–81). In later Greco-Roman works, phantasia was used to designate vivid imagery in written and oral discourse, imagery that could create sights and scenes in the minds of audience members. As Quintilian noted in his discussion of forensic rhetoric, in Latin phantasiai were termed visiones. Here, phantasiabecame a mode of displacing narrative in rhetorical discourse:There are certain experiences which the Greeks call phantasiai, and the Romans visions [visiones], whereby things absent are presented to our imagination with such extreme vividness that they seem actually to be before our very eyes.... From such impressions arises that enargeia which Cicero calls illumination [illustration] and actuality [evidential], which makes us seem not so much to narrate [dicere] as to exhibit [ostendere] the actual scene.(Institutio Oratoria 4.2.29, 32)Quintilian's invocations of phantasia and enargeia can be traced to Aristotle's discussion of rhetorical style in book... (shrink)

In contemporary sociology, there has been significant interest in the idea of mobility, the decline of the nation state, the rise of flexible citizenship, and the porous quality of political boundaries. There is much talk of medicine without borders and sociology without borders. These social developments are obviously linked to the processes of globalization, leading some to argue that we need a `sociology beyond society' in order to account for these flows and global networks. In this article, I propose an (...) alternative analysis. There are important developments involving the securitization of modern societies that create significant forms of immobility. One striking illustration is the increasing use of walls to quarantine or secure territories and communities against outsiders or to regulate the flow of migrants in Israel, in Europe and along the Mexican-US border. Modern societies are in particular characterized by a deep contradiction between the economic need for labour mobility and the state's political need to assert sovereignty. Gated societies, ghettoes, quarantine zones, prisons, camps and similar arrangements are in many respects pre-modern institutions of spatial regulation for political ends. Contemporary technical developments in biomedicine offer new opportunities for political control and spatial regulation in terms of forensic policing, bio-tattooing and bioprofiling. Globalization paradoxically produces significant forms of immobility for political regulation of persons alongside the mobility of goods and services. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Genetic Testing and Genetic ScreeningPat Milmoe McCarrick (bio)In recent years there has been an enormous expansion in the knowledge that may be gleaned from the testing of an individual's genetic material to predict present or future disability or disease either for oneself or one's offspring. The Human Genome Project, which is currently mapping the entire human gene system, is identifying progressively more genetic sequencing information (see Scope Note 17, (...) The Human Genome Project). Information obtained from genetic testing raises ethical and legal questions about its uses by society. The ethical dilemmas were foreseen two decades ago by bioethicists who asked whether questionable applications could stop "legitimate pursuits" (IV, Gaylin 1972) and whether genetic disease might come to be viewed as "transmissible" in the sense of being contagious (IV, Veatch 1974).Not only has knowledge expanded, but the practice of genetic testing and screening has greatly increased as well. For example, in the case of testing for cystic fibrosis (CF), the U.S. Congress' Office of Technology Assessment (OTA) estimates that instances of screening jumped from 9310 tests in 1991 to 63,000 tests in 1992 (I, OTA [Cystic Fibrosis] 1992). In addition, the OTA estimates that within the next few years, the six million women who become pregnant each year routinely will be informed of available CF carrier tests (I, OTA [Cystic Fibrosis] 1992).Following the recent identification of a gene linked to breast cancer, Dr. Francis Sellers Collins, director of the National Center for Human Genome Research, said that "it is not inconceivable that every woman in America may want to be screened for this gene. The economic, ethical, and counseling issues will be very daunting." Dr. Collins opines that in the near future physical examinations for 18-year-olds will include DNA testing for diseases with genetic components and that physicians, in the interests of preventive medicine, will make risk-based recommendations for a healthy life-style (IV, Breo 1993). The U.S. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research predicted as early as 1983 that before the end of the century genetic screening and counseling would become major components of both public health and individual medical care (I, U.S. President's Commission 1983). [End Page 333]The OTA defines genetic testing as "the use of specific assays to determine the genetic status of individuals already suspected to be at high risk for a particular inherited condition. The terms genetic test, genetic assay, and genetic analysis are used interchangeably to mean the actual laboratory examination of samples." In contrast, genetic screening usually uses the same assays employed for genetic testing but is distinguished from genetic testing by its target population (I, OTA [Genetic Monitoring] 1990). The National Academy of Sciences (NAS) defines screening as the systematic search of populations for persons with latent, early, or asymptomatic disease (III, NAS 1975). Some of the literature annotated for this Scope Note appears to use the terms "testing" and "screening" interchangeably.Philip Boyle of the Hastings Center points out that the language used to describe genetic variation is important and asks what words should be used: "Defects, flaws, deleterious genes, disorders, or the more neutral conditions? Using words such as normal—and its corollary, abnormal—is likely to foster stigmatization and discrimination" (III, Genetic Grammar, Boyle 1992).Areas of focus in genetic testing include: prenatal diagnosis, newborn screening, carrier screening, forensic screening, and susceptibility screening.Prenatal diagnosis discerns whether a fetus is at risk for various identifiable genetic diseases or traits. Prenatal diagnosis is made using amniotic fluid, fetal cells, and fetal or maternal blood cells obtained during amniocentesis testing; alpha fetoprotein assays or chorionic villus sampling; or ultrasound tomography, which creates fetal images on a screen. Another method, known as fetoscopy, uses a camera on a needle inserted in the uterus to view the fetus. Since prenatal screening began in 1966 (I, U.S. President's Commission 1983), the number of metabolic defects and genetic disorders that can be diagnosed prenatally has expanded greatly. There is also discussion of requiring testing for parents who are participating in an in vitro fertilization program and are at genetic... (shrink)

We are told by philosophers that photographs are a distinct category of image because the photographic process is mind-independent. Furthermore, that the experience of viewing a photograph has a special status, justified by a viewer’s knowledge that the photographic process is mind-independent. Versions of these ideas are central to discussions of photography in both the philosophy of art and epistemology and have far-reaching implications for science, forensics and documentary journalism. Mind-independence (sometimes ‘belief independence’) is a term employed to highlight (...) what is important in the idea that photographs can be produced naturally, mechanically, accidentally or automatically. Insofar as the process is physical, natural, mechanical or causal it can occur without human agency or intervention, entirely in the absence of intentional states. Presented innocuously, the idea is that although photographs are dependent on natural or mechanical processes, they can be produced independently of human agency – particularly human beliefs. Presented in a stronger form, the claim is that even if human agency is heavily involved in the production process, the definitive features that make the photograph a photograph and determine its salient properties are nonetheless independent of human minds. In epistemic debates, mind-independence is viewed as essential for explaining why photographs occupy a distinct category among images and justifying a variety of claims about their privileged epistemic and affective status in science, forensics, popular culture and journalism. But, in the philosophy of art, claims about mind-. (shrink)

Psychiatric genetic research investigates the genetic basis of psychiatric disorders with the aim of more effectively understanding, treating, or, ultimately, preventing such disorders. Given the challenges of recruiting research participants into such studies, the potential for long‐term benefits of such research, and seemingly minimal risk, a strong claim could be made that all non‐acute psychiatric inpatients, including forensic and involuntary patients, should be included in such research, provided they have capacity to consent. There are tensions, however, regarding the (...) ethics of recruiting psychiatric inpatients into such studies. In this paper our intention is to elucidate the source of these tensions from the perspective of research ethics committee interests and decision‐making. We begin by defining inpatient status and outline some of the assumptions surrounding the structures of inpatient care. We then introduce contemporary conceptions of vulnerability, including Florencia Luna’s account of vulnerability which we use as a framework for our analysis. While psychiatric inpatients could be subject to consent‐related vulnerabilities, we suggest that a particular kind of exploitation‐related vulnerability comes to the fore in the context of our case study. Moreover, a subset of these ethical concerns takes on particular weight in the context of genetic research in low‐ and middle‐income countries. At the same time, the automatic exclusion of inpatients from research elicits justice‐related vulnerabilities. (shrink)

ABSTRACTJohn Locke is famous for popularizing the method of the philosophical thought experiment in discussions of personal identity; the cases introduced in the second edition of An Essay Concerning Understanding are still employed by contemporary philosophers. Here I argue that Locke’s method is nonetheless importantly different from later efforts in ways that can help us better appreciate his larger projects. Rather than pumping the reader’s intuitions in support of his preferred account, Locke’s thought experiments serve to illustrate common errors in (...) assessments of identity that he sees as particularly prevalent and problematic. Locke defends his idea of ‘person’ otherwise, through what I call his ‘lived experiments’: observations about linguistic usage that serve to illustrate the term’s role in practical reasoning. I focus especially on Locke’s example of the forensic status of the madman. Examples like these do not, for Locke, demonstrate the intuitiveness of his analysis, but rather bolste... (shrink)