This is the first book to take a comprehensive look at white collar criminal offenses from the perspective of moral and legal theory. Focussing on the way in which key white collar crimes such as fraud, perjury, false statements, obstruction of justice, bribery, extortion, blackmail, insider trading, tax evasion, and regulatory and intellectual property offenses are shaped and informed by a range of familiar, but nevertheless powerful, moral norms.

In the Realm of Criminal Law, Antony Duff seeks to defend the view that we should criminalize conduct only if it is wrongful. Skeptics of legal moralism argue that this occurs all the time in supposedly overinclusive offenses whose definitions capture not only the kind of conduct that constitutes the target wrong, but also a wider class of conduct that is not wrongful prior to prohibition. An example is statutory rape. Duff, in response, contends that such offenses need not violate (...) the requirements of legal moralism. Having exploitative sex with juveniles is obviously wrong even prior to its legal regulation. But having non-exploitative sex with juveniles is also potentially wrong, inasmuch as it involves a violation of a prohibition that society has decided is justified for instrumental reasons. While Duff’s analysis offers an ingenious explanation for why offenses like statutory rape need not violate the bare minimum requirements of legal moralism, it simultaneously exposes separate, largely unacknowledged, problems of fair labeling and proportionality. By combining in a single offense wrongs that are primarily malum in se with ones that are primarily malum prohibitum—a process referred to as “wrongfulness conflation”—we risk treating unlike wrongs alike, imposing disproportionate punishments, and blurring offense labels. And such problems occur not just in the context of statutory rape, but also with respect to a host of other supposedly overinclusive offenses, including various forms of sexual assault. (shrink)

Larry Alexander and Kimberly Kessler Ferzan, with Stephen Morse, Crime and Culpability: A Theory of Criminal Law, xi + 358 pp. In the final chapter of C...

Peter Alldridge, Relocating Criminal Law Aldershot, England: Dartmouth Publishing Company, 2000, xxvi + 247 pp.

The concept of cheating is ubiquitous in ourmoral lives: It occurs in contexts as varied asbusiness, sports, taxpaying, education,marriage, politics, and the practice of law. Yet despite its seeming importance, it is aconcept that has been almost completely ignoredby moral theorists, usually regarded either asa morally neutral synonym for non-cooperativebehavior, or as a generalized, unreflectiveterm of moral disapprobation. This articleoffers a ``normative reconstruction'''' of theconcept of cheating by showing both whatvarious cases of cheating have in common, andhow cheating is related (...) to, and differs from,other morally wrongful acts, such as stealing,promise-breaking, deceiving, disobedience, anddisloyalty. A paradigmatic account of cheating is developed that entails two elements: First, the cheater must violate a prescriptive (rather thandescriptive), mandatory (rather than optional),regulative (rather than practice-defining), andconduct-governing (as opposed todecision-governing) rule. Second, the rulemust be fair and enforced even-handedly, andmust be violated with an intent to obtain anadvantage over some party with whom therule-breaker is in a cooperative, rule-governedrelationship. Along the way is a discussion ofpuzzling cases of ``judicial cheating,''''``strategic cheating,'''' cheating because``everyone else is doing it,'''' ``cheatingoneself,'''' ``altruistic cheating,'''' and ``ulteriormotive cheating.'''' The article then applies thecheating paradigm in the context of whitecollar criminal law, arguing that the conceptof cheating provides a better framework forexplaining the ``moral wrongfulness'''' thatunderlies and helps to define offenses such astax evasion and insider trading. (shrink)

This symposium contribution offers a reconsideration of a range of “vice crime” legislation from late nineteenth and early twentieth century American law, criminalizing matters such as prostitution, the use of opiates, illegal gambling, and polygamy. According to the standard account, the original justification for these offenses was purely moralistic and paternalistic ; and it was only later, in the late twentieth century, that those who supported such legislative initiatives sought to justify them in terms of their ability to prevent harms. (...) This piece argues that the rationale for these vice crimes laws was much more complicated than has traditionally been thought, encompassing not just moralistic justifications but also a wide range of harm-based rationales—similar to those that underlie modern, technocratic, “preventive justice” legislation involving matters such as anti-social behavior orders, sex offender registration, stop-and-frisk policing, and the fight against terrorism. (shrink)

For retributivists, who believe that criminal sanctions should be used to punish only conduct that is blameworthy, the so-called mala prohibita offenses have always been a source of concern: When the conduct being criminalized is wrongful prior to and independent of its being illegal - as it is with presumptive mala in se offenses like murder and rape - the path to blameworthiness is relatively clear. But when the wrongfulness of the conduct depends on the very fact of its being (...) illegal - as is said to be the case with presumptive mala prohibita offenses like fishing without a license and buying drugs without a prescription - the argument in favor of criminalization becomes more difficult to sustain. Unless one believes that law-breaking as such is morally wrongful, criminal penalties would seem hard to justify. That, in any event, is the standard liberal, retributivist view. As I shall argue, however, things are considerably more complicated than this account would suggest. No offense, at least in the real world, is wholly malum in se or wholly malum prohibitum. Rather, the concepts of malum in se and malum prohibitum should be understood as contrasting, scalar qualities that all criminal offenses, to one degree or another, possess. Under such a conception, an offense could be, say, 80 percent malum in se and 20 percent malum prohibitum, or 20 percent malum in se and 80 percent malum prohibitum. Thinking about malum in se and malum prohibitum in this way can help us make a more precise assessment of the moral content of criminal offenses, taking account of the various ways in which law and legal institutions inform their moral content, the reasons people obey such laws, and what it means to “obey” the law in the first place. (shrink)

Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways ...

In the latest edition of Liddell and Scott's Lexicon appears the entry, —, fantastic, Gloss.’’ No more information is given. Gloss, refers to the Corpus Glossariorum Latirtorum edited by G. Loewe, G. Goetz, and F. Schoell. . If one consults that work, however, one finds that does not appear in it. Nor does it appear in Liddell and Scott's Lexicon before the new, revised edition of 1925.

In the latest edition of Liddell and Scott's Lexicon appears the entry, —, fantastic, Gloss.’’ No more information is given. Gloss, refers to the Corpus Glossariorum Latirtorum edited by G. Loewe, G. Goetz, and F. Schoell.. If one consults that work, however, one finds that does not appear in it. Nor does it appear in Liddell and Scott's Lexicon before the new, revised edition of 1925.

History, Prophecy, and the Stars: The Christian Astrology of Pierre d'Ailly. By Laura Ackerman Smoller (Princeton: Princeton University Press, 1994), xii + 233 pp., $35.00 cloth. The Jewish Alchemists: A History and Sourcebook. By Raphael Patai (Princeton: Princeton University Press, 1994), xv + 617 pp., $35.00/£29.95 cloth. Access to Western Esotericism. By Antoine Faivre (Albany: State University of New York Press, 1994), x + 369 pp., $19.95 cloth.

San John Henry Newman es ampliamente entendido como un hombre de conciencia, tanto en su vida como en sus escritos. El objetivo de este artículo es explorar más profundamente los escritos de Newman sobre la conciencia, en orden a mostrar tanto la importancia que la categoría de conciencia aporta nuestro sentido moral como la percepción religiosa y existencial de lo que estamos llamados a hacer, así como vínculo de todas las criaturas humanas a su Creador. Una lectura cuidadosa de unos (...) textos nos ayudará a evitar la mala interpretación común del brindis de Newman por la conciencia que distorsiona su punto de vista como si colocase la conciencia y el Magisterio en oposición, o que si concediese mucho más respeto a la conciencia que a la enseñanza con autoridad de la Iglesia. (shrink)

Gómez Pereira's Antoniana Margarita (1554) represents one of the most original works of his time. Its author develops some issues of great impact in later philosophy, such as animal automatism, soul-body radical separation and self-awareness.

This paper details a “metadisciplinary” applied ethics course jointly taught and pioneered by a biologist, psychologist, and ethicist on the subject of Assisted Reproduction. Contrasted with a transdisciplinary approach (whose content involves themes or issues that span traditional disciplinary lines) and a multidisciplinary approach (which involves experts from several disciplines working side by side), a metadisciplinary approach involves both of these former characteristics while incorporating a continuous, critical appreciation for the strengths and weaknesses of the contrasting methods and scopes of (...) each discipline’s methods of inquiry. This paper details the kinds of subjects that lend themselves to metadisciplinary approaches (e.g. applied ethics subjects which are real-world, complex, and studied by various disciplines), staffing guidelines for a smoothly functioning core team, how to plan and prepare the day-to-day of such a course to prevent a diffuse lesson structure, assignment and evaluation guidelines, and an appraisal of the value of such a class. The authors argue that while fundamental research may be conducted along traditional disciplinary lines, solutions to the complex problems of contemporary society require people who are equipped with problem-solving skills whose relevance spans disciplinary boundaries. (shrink)

Science, in particular physics, is a collective enterprise and is so because it is, itself, a fruit of the exquisitely social nature of human living. So it is inevitable to encounter ethical issues in the natural sciences, since the contest of differing interests and views is perennial in its practice, indeed essential to its momentum. The crucial ethical question always hangs in the air: How is the truth best served? In this paper we describe some ethical aspects of our own (...) discipline of science: their cultural context and the bounds which they delineate for themselves, sometimes in transgression. We argue that the minimalist ethic espoused in science, namely loyalty to truth, is a bellwether for the much wider, more problematic, and more vital consequences of ethics – and its failure – in human relationships at large. (shrink)

There is a sizeable group of self-described Christian companies which have declared their belief in the successful merging of biblical principles with business activities. As these companies have become more visible, an increasing number of anecdotal newspaper and magazine articles about these companies have appeared. Surprisingly, no rigorous research has been conducted prior to our recent study. This article provides national estimates of the size and predominant characteristics of self-identified Christian companies. In addition, the study investigated the types of relationships (...) these companies maintained with their employees, customers, communities, and suppliers. (shrink)

The design of medical knowledge-based computer systems requires effective interdisciplinary communication for the development of a community sharing common goals and a common language for design. Over the past 9 years the Perinatal Research Group, an interdisciplinary team of computer scientists, engineers and clinicians, have developed a prototype knowledge-based computer system to aid clinicians in the care of women in labour. The group were uncertain which approach to adopt to progress this system from a prototype to a useful clinical tool (...) to support decision making. A case study and activity theory analysis, of an existing clinical knowledge-based computer system in routine use, helped to resolve a number of communication and methodological issues that the design team encountered. Sharing of backgrounds and perspectives caused the design team to question previous assumptions and to explore alternative functions and roles for knowledge-based computer systems in maternity care. We are now undertaking a longitudinal case study and activity theory analysis of obstetric teams and women in labour to analyse the relationships between clinicians, patients and technology. This work will inform the development of our knowledge-based computer system to place the patient at the centre of the decision-making process. (shrink)

The complex hexaploid wheat genome offers many challenges for genomics research. Expressed sequence tags facilitate the analysis of gene-coding regions and provide a rich source of molecular markers for mapping and comparison with model organisms. The objectives of this study were to construct a high-density EST chromosome bin map of wheat homoeologous group 2 chromosomes to determine the distribution of ESTs, construct a consensus map of group 2 ESTs, investigate synteny, examine patterns of duplication, and assess the colinearity with rice (...) of ESTs assigned to the group 2 consensus bin map. A total of 2600 loci generated from 1110 ESTs were mapped to group 2 chromosomes by Southern hybridization onto wheat aneuploid chromosome and deletion stocks. A consensus map was constructed of 552 ESTs mapping to more than one group 2 chromosome. Regions of high gene density in distal bins and low gene density in proximal bins were found. Two interstitial gene-rich islands flanked by relatively gene-poor regions on both the short and long arms and having good synteny with rice were discovered. The map locations of two ESTs indicated the possible presence of a small pericentric inversion on chromosome 2B. Wheat chromosome group 2 was shown to share syntenous blocks with rice chromosomes 4 and 7. (shrink)

This book updates and adds to the classic Social Movements of the Sixties and Seventies, showing how social movement theory has grown and changed.

A Critical Introduction to Fictionalism provides a clear and comprehensive understanding of an important alternative to realism. Drawing on questions from ethics, the philosophy of religion, art, mathematics, logic and science, this is a complete exploration of how fictionalism contrasts with other non-realist doctrines and motivates influential fictionalist treatments across a range of philosophical issues. Defending and criticizing influential as well as emerging fictionalist approaches, this accessible overview discuses physical objects, universals, God, moral properties, numbers and other fictional entities. Where (...) possible it draws general lessons about the conditions under which a fictionalist treatment of a class of items is plausible. Distinguishing fictionalism from other views about the existence of items, it explains the central features of this key metaphysical topic. Featuring an historical survey, definitions of key terms, characterisations of important subdivisions, objections and problems for fictionalism, and contemporary fictionalist treatments of several issues, A Critical Introduction to Fictionalism is a valuable resource for students of metaphysics as well as students of philosophical methodology. It is the only book of its kind. (shrink)

Jaswal & Akhtar provide several quotes ostensibly from people with autism but obtained via the discredited techniques of Facilitated Communication and the Rapid Prompting Method, and they do not acknowledge the use of these techniques. As a result, their argument is substantially less convincing than they assert, and the article lacks transparency.