This article explores the development of victim rights in sentencing through a comparative analysis of the rights of family victims in homicide sentencing proceedings across Australia, the United States, England and Wales and Canada. Of the various rights afforded to victims of crime, the use of family victim impact evidence in the sentencing of homicide offenders has proven most contentious, with various courts grappling with the weight such evidence ought to play in sentencing proceedings. In homicide cases where the family (...) of the deceased victim submits a statement, all Australian and international jurisdictions except the Australian state of New South Wales (NSW) have resolved to allow the consideration of such statements on the basis inter alia that family victims may incur harms potentially relevant to the sentencing process. New South Wales continues to reject such evidence on the basis that family statements may value the deceased’s life above that of another. This article considers the status of family impact statements in homicide cases by examining the treatment of family victims in sentencing law on an international basis, with particular focus on pilot schemes in England and Wales, where family victims have been provided personal counsel at public expense, for use in homicide cases. (shrink)

The doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. In Australian sentencing law, proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit account of the (...) harm done to the victim and community has generated debate, however, as to the extent to which offenders may be now subject to unjustified, harsher punishments. This article proposes that in order to overcome the controversy of the modification of offender and victim rights in sentencing, sentencing courts adhere to a doctrine of proportionality that is explicitly sensitive to the needs of victims and offenders in a model of restorative justice that focuses on the consequences of crime as against the individual, rather than the state. The extent to which proportionality, as the current constitutive principle of Australian sentencing law, may be modified to better encourage a dialogue between victim and offender is discussed. (shrink)

This paper is concerned with the empirical schema of corporate philanthropy research. Whilst significant pieces of work have been produced of late, I argue the field could expand its empirical range. Drawing on novel contemplations in management research, I suggest narrative methodology as a style for the discovery of meaning.

This paper outlines issues of corporate philanthropy research. Of significant value is that normative prescriptions and non-empirical conceptual models lack thesupport of rigorous empirical research. Moreover, dominant methodological approaches embedded in the positivist tradition lack the depth required inunderstanding managerial involvement in corporate philanthropic programmes. Accordingly, this paper argues for new methodological insights. The research agenda should question the capitalistic nature of corporations, delve deep into management thought and recognise the affect of corporate philanthropy on multiple corporate stakeholders.

Childhood overweight and obesity, especially among migrant children, are current health problems in several European countries. In the present study the prevalence of overweight and obesity among migrant children from Turkey and the former Yugoslavia was documented and compared with that of Austrian children in Vienna. Anthropometric data from 1786 children were collected at the ages of 6, 10 and 15 years. Body mass was estimated by means of the body mass index and percentile curves were used to determine weight (...) status. The prevalence of overweight and obesity was found to be significantly higher among migrant children. Children and adolescents from the former Yugoslavia and Turkish girls exhibited especially high rates of overweight and obesity. Biosocial and cultural factors are discussed as causes of these observations. (shrink)

This book offers a comprehensive introduction to the thought of Chicago Divinity School theologian Bernard Meland. Tyron Inbody places Meland's theology within the development of the liberal tradition. He argues that Meland was a precursor of liberal developments in epistemology -- especially in his view of how experience, language, and culture are related. Inbody explores the extent to which Meland was both representative and critical of process theology. He concludes with an assessment of Meland's contribution to postliberal theology. Inbody's work (...) not only sheds light on the work of this important but neglected thinker, but is in its own right a contribution to empirical theology, theological epistemology, process theology, and the history of liberal theology in North America. (shrink)

Idealism is the view that reality is fundamentally mental. Idealism has been influential historically, but it has been neglected in contemporary metaphysical debate. This volume of 17 essays by leading philosophers rectifies the situation.

In trying to make discoveries, we are trying to uncover knowledge of HIDDEN realities. It appears impossible to uncover knowledge of hidden realities. How can we evaluate results? (How can we find out whether they are true or even good approximation when we cannot compare them to the hidden realities?) But we are often able to do things which appear impossible; it depends on whether we have chanced onto, or discovered, or invented, the relevant OPERATING PRINCIPLES. It appeared impossible to (...) fly to the moon in one lifetime. We discovered the principle of the rocket. If we can discover the operating principle for making discoveries, we know how we make discoveries. In this paper, I show step by step how we can discover this operating principle. (shrink)

The essay is a response to the papers written by Nancy Frankenberry and Charley Hardwick in the March 1987 issue of Zygon. Questions are raised about whether Wieman's theology is functionalist in the way described by Frankenberry and whether Hardwick's proposal to establish the logical possibility of naturalism as a framework for an existential interpretation of the Christian message is satisfactory. The most basic question raised by both papers is whether Wieman's theology is fully empirical when viewed from the point (...) of view of the radical empiricist. (shrink)

The present study analyzes body fat distribution, a well-known and important indicator of reproductive capability, in young women between 18 and 28 years of age (mean=23.3 years) suffering from secondary amenorrhea and therefore temporary infertility resulting from self-starvation. Body composition parameters estimated by means of dual energy x-ray absorptiometry and the fat distribution index, indicating body shape, were compared with those of healthy controls. Although members of the infertile, amenorrheic group exhibited dramatically low body weight and total amount of body (...) fat, and therefore a marked negative energy balance in comparison with the healthy controls, the sex-specific fat distribution patterns did not differ between infertile and fertile young women. In contrast, the lower the weight and total fat amount, the more gynoid the fat distribution, even in infertile women. This observation may be interpreted in an evolutionary sense: Our ancestors had to cope with frequent food shortages, even starvation, and therefore lengthy periods of negative energy balance. In addition to pregnancy and lactation, temporary infertility as a result of long-term negative energy balance was not an uncommon phenomenon in female life histories. Nevertheless, after a time of plenty, reproductive function recovered, and therefore the gynoid fat distribution patterns in temporarily infertile young women may be interpreted as signal of reproductive capability, which resumes after a time of surplus. (shrink)

The impact of hysterectomy without oophorectomy and with no malignant purpose on body composition and postmenopausal weight gain was tested in 184 Viennese females aged between 47 and 57 years. Hysterectomized women were significantly heavier than those who experienced a spontaneous menopause. The amount of fat tissue, especially in the abdominal region, was significantly higher in hysterectomized women. Furthermore, they were reported to have experienced a significantly higher weight gain since menopause. No significant differences in bone mass were found. Psychological (...) stress factors and hormonal changes following hysterectomy are discussed as possible causes of these differences. (shrink)

Inventors solve practical problems by coming up with bright ideas, also called operating principles. It is not easy to fly in space; space flight is a practical problem. Inventors solve this problem with the (operating) principle of the rocket. It is not easy to make discoveries; some even think it is impossible; making discoveries is a practical problem, a challenge to inventors. In this paper, by looking at discovery as a problem for the inventor, I come up with an operating (...) principle which solves this problem; a principle, that is to say, which explains how we make discoveries, and why it is possible. (shrink)

The first part of the paper presents three little arguments from theism to idealism. The second part employs these arguments to make sense of a puzzling doctrine of Jewish mysticism: the doctrine of divine contraction (heb. tzimtzum).

This groundbreaking volume investigates the most fundamental question of all: Why is there something rather than nothing? The question is explored from diverse and radical perspectives: religious, naturalistic, platonistic and skeptical. Does science answer the question? Or does theology? Does everything need an explanation? Or can there be brute, inexplicable facts? Could there have been nothing whatsoever? Or is there any being that could not have failed to exist? Is the question meaningful after all? The volume advances cutting-edge debates in (...) metaphysics, philosophy of cosmology and philosophy of religion, and will intrigue and challenge readers interested in any of these subjects. (shrink)

Depression is associated with a bias toward negative interpretations of social situations and resistance to integrating evidence consistent with positive interpretations. These features could contribute to social isolation by generating negative expected value for future social interactions. The present study examined potential associations between depressive symptoms and positive (i.e. trust and liking) and negative (i.e. distrust and disliking) social impression formation of individuals who previously appeared in positive or negative contexts. Participants (N = 213) completed the Interpretation Inflexibility Task and (...) were subsequently asked to provide social impression ratings of characters from each scenario type of the task (i.e. positive and negative) as well as characters not previously encountered. In examining social impression formation, higher severity of depressive symptoms was associated with higher negative social impression ratings regardless of scenario outcome, as well as lower positive social impression ratings, but only for characters who previously appeared in positive contexts. Those higher in depression also rated novel characters as significantly more unlikeable and untrustworthy and to an equivalent degree as the characters previously encountered. These findings suggest a role of negative interpretation bias and inflexibility in contributing to negative evaluations of potential social interaction partners in depression. (shrink)

Hume's Enquiry: Expanded and Explained includes the entire classical text of David Hume's An Enquiry Concerning Human Understanding in bold font, a running commentary blended seamlessly into the text in regular font, and analytic summaries of each section. The commentary is like a professor on hand to guide the reader through every line of the daunting prose and every move in the intricate argumentation. The unique design helps students learn how to read and engage with one of modern philosophy's most (...) important and exciting classics. Key Features: Includes the entire original text. Provides helpful summaries of each paragraph. Offers commentary on every line of text. Removes the gap between commentary and text. (shrink)

In light of Jewish tradition and the metaphysics of time, we argue that God can and will change the past. The argument makes for a new answer to the problem of evil and a new theory of atonement.

The doctrine of reincarnation is usually associated with Buddhism, Hinduism and other Eastern religions. But it has also been developed in Druzism and Judaism. The doctrine has been used by these traditions to explain the existence of evil within a moral order. Traversing the boundaries between East and West, we explore how Jewish mysticism has employed the doctrine to help answer the problem of evil. We explore the doctrine particularly as we respond to objections against employing it in a theodicy. (...) We show how it supplements traditional punishment, free will and soul-building theodicies, and helps these theodicies avoid various objections. (shrink)

This essay shows three things: first, that we cannot comply with a command from God to believe in God; second, that God cannot command us to believe in God; and, third, that the divine command theory is false. The third conclusion follows from the second, and the second follows from the first. The essay focuses on an argument from the medieval Jewish philosopher, Hasdai Crescas. It also draws from, and is something of a sequel to, an argument from Brown and (...) Nagasawa published previously in this journal.†. (shrink)

This essay shows three things: first, that we cannot comply with a command from God to believe in God; second, that God cannot command us to believe in God; and, third, that the divine command theory is false. The third conclusion follows from the second, and the second follows from the first. The essay focuses on an argument from the medieval Jewish philosopher, Hasdai Crescas. It also draws from, and is something of a sequel to, an argument from Brown and (...) Nagasawa published previously in this journal. (shrink)

Nonexistence is ubiquitous, yet mysterious. This volume explores some of the most puzzling questions about non-being and nonexistence, from metaphysics to ethics and beyond: the contributors offer answers from diverse philosophical perspectives, drawing on analytic, continental, Buddhist, and Jewish philosophical traditions.

Ratio, Volume 34, Issue 1, Page 5-6, March 2021.

This essay outlines answers to the problem of evil from Jewish perspectives. The essay uses traditional Jewish sources to illustrate theodicies familiar in other religious traditions, and introduces a few less familiar Jewish theodicies besides. Other responses to the problem of evil are also considered. Jewish responses are not usually framed in contemporary philosophical categories, and mine is an attempt at categorization. The traditional Jewish sources might show some promise of contributing to contemporary philosophical debate.

This paper addresses the most fundamental question in metaphysics, Why is there something rather than nothing? The question is framed as a question about concrete entities, Why does a possible world containing concrete entities obtain rather than one containing no concrete entities? Traditional answers are in terms of there necessarily being some concrete entities, and include the possibility of a necessary being. But such answers are threatened by metaphysical nihilism, the thesis that there being nothing concrete is possible, and the (...) subtraction argument for this thesis, an argument that is the subject of considerable recent debate. I summarize and extend the debate about the argument, and answer the threat it poses, turning the tables on it to show how the subtraction argument supports a cosmological argument for a necessary being. (shrink)

Timothy O’Connor presents a novel and powerful version of the cosmological argument from contingency. What distinguishes his argument is that it does not depend on the Principle of Sufficient Reason. This version thus avoids powerful objections facing the Principle. We present and develop the argument, strengthening it in various ways. We fill in big gaps in the argument and answer criticisms. These include the criticisms that O’Connor considers as well as new criticisms. We explain how his replies to a Kantian (...) criticism and to the demand for contrastive explanation fail, and properly answer the criticism and the demand. We develop two new criticisms, the objection from opaqueness and the objection from constitution, and explain how these objections can be answered. (shrink)

Many religious traditions teach that we should worship God, and philosophers have explored the requirement to worship God, and what might make God worthy of worship. These religious traditions also prohibit worshipping other gods. This essay explores, from a Jewish perspective, what it might mean to worship other gods, what the rationale behind the prohibition might be, and why the prohibition might be so grave.

The papers in this volume are largely about research ethics and cover questions of consent, reproduction, pediatric research, ethical codes, and clinical relationships. Half the papers have this common aspect: they are conservative—in the sense of supporting the standard, prevailing, or popular view—but they shift the focus—supporting the standard views in terms of moral factors generally neglected by the literature. The volume provides a diverse set of papers for the reader: variously addressing abstract and concrete problems from within different philosophical (...) traditions. (shrink)