Rape conviction rates have fallen to all-time lows in recent years, prompting governments to explore a range of strategies to improve them. This paper argues that, while the current legal impunity for rape cannot be condoned, increasing conviction rates is not in itself a valid objective of law reform. The paper problematises the measure of rape law that conviction rates provide by developing an account of (some) feminist aims for rape law reform. Three feminist (...) aims and associated measures are explained—all of which look beyond conviction rates to qualitative and victim-centred outcomes of criminal justice processes. Applying these measures, I argue that strategies designed solely to increase conviction rates are more likely to work against, rather than in support of, feminist aims. The paper thus underscores the need for continued feminist engagement with rape law reform, broadly conceived, notwithstanding its acute limitations for feminist anti-violence politics. (shrink)

What should we do about low conviction rates for sexual offences? Much of the discussion focuses on the problem of prosecution: i.e. too few accusations of sexual assault make their way to court. Here, I want to consider the problem from a different angle—namely, what should we do if prosecution rates rise, but conviction rates do not? After all, prosecutions are not an end in themselves. The problem is that too few people who are guilty (...) of sexual assault are being punished. So, what steps, if any, should be taken if conviction rates fail to rise along with prosecution rates? (shrink)

This paper focuses on the links between inequality in academic performance and juvenile conviction rates for violent crime, stealing from another person, burglary in a dwelling and racially motivated offences. We use area-based aggregate data to model this relationship. Our results show that, above and beyond impacts of absolute access to resources, young people who grow up in school cohorts marked by higher levels of disparity in educational achievement may be more prone to commit violent crime and racially (...) motivated offences than those with less disparity. This association is however not found for property-related offences. Our results further show that higher between-schools inequality and higher within-school inequality are both associated with higher conviction rates for violent crime and racially motivated offences. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are (...) unable to study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

The American criminal justice system creates incentives for false conviction. For example, many public crime labs are funded in part per conviction. We show that the number of false convictions per year in the American criminal justice system should be considered ?high.? We examine the incentives of police, forensic scientists, prosecutors, and public defenders in the U.S. Police, prosecutors, and forensic scientists often have an incentive to garner convictions with little incentive to convict the right person. These incentives (...) create what economists call a ?multitask problem? that seems to be resulting in a needlessly high rate of false convictions. Public defenders lack the resources and incentives needed to provide a vigorous defense for their clients. Corrective measures are discussed, along with a call for more research. (shrink)

Over the past 20 years, organ donations in Spain have soared from modest numbers to the highest rate in the world. In the brief span between 1998 and 2005, donation rates have increased from 14 per million population to 35.1 p.m.p. By way of comparison the number in the United States is 25.5 donations p.m.p.

While the low conviction rate for cases of sexual violence is often justified by the so-called ‘he-said-she-said’ nature of these cases, the increasing presence of digital evidence has begun to challenge this justification. This digital evidence can provide new opportunities for intervening in and prosecuting sexual violence. However, it may also be used against complainants or deemed still insufficient for proving guilt. Thus, while digital evidence may be challenging typical criminal justice responses to sexual violence, it may equally be (...) utilised to buttress entrenched stereotypes and criminal justice practices that lead to complainant dissatisfaction and serve to support low conviction rates. I draw on critical feminist legal theory, feminist engagements with digital technology and sexual violence, and visual criminology to theorise the burgeoning role of the digital witness in sexual violence cases. (shrink)

Consider a terrible situation that too many women find themselves in: 85,000 women are raped in England and Wales alone every year. Many of these women do not bring their cases to trial. There are multiple reasons that they might not want to testify in the courts. The incredibly low conviction rate is one. Another reason, however, might be that these women do not want the fact that they were raped to become the most salient thing about them. More (...) specifically, they do not want it to be the thing that others attend to the most—that others find most noticeable and memorable. In this paper, I introduce the notion of ‘harmful salience perspectives’ to help to explain this and related phenomena. This refers either to attention on things that should not be salient, or not enough attention on things that deserve to be made salient. Following ideas within the feminist literature on objectification, I argue that we can be harmed when aspects of our identity that do not reflect our personhood—our agency, rationality, personality, and so on—are more prominent in the minds of others than aspects that do reflect our personhood. Crucially, these ways of attending do not need to implicate false beliefs and harmful ideologies to be harmful, but can be harmful in their own right. (shrink)

I defend a deontological social contract justification of punishment for free will deniers. Even if nobody has free will, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation (OPD) where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the imprisonment of violent criminals (...) if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. And even if we assumed we would be accused of a crime, we would consent to an evidentiary standard low enough to allow a conviction rate sufficient to prevent the state of nature. After explaining this justification, I contrast it with the public health quarantine justification defended by Derk Pereboom and Gregg Caruso, and argue that it provides a stronger response to the using criminals as mere means objection. (shrink)

2013 marks 10 years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to reporting, prosecution or conviction rates. This article argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s other. This construction both constricts the frame in which women’s (...) sexuality can be thought and distorts the harm of rape for women. It also continues woman’s historic alienation from her own nature and denies her entitlement to a becoming in line with her own sexuate identity. Using Luce Irigaray’s critical and constructive frameworks, the article seeks to imagine how law might ‘cognise’ sexual difference and thus take the preliminary steps to a juridical environment in which women can more adequately understand and articulate the harm of rape. (shrink)

Content note: This paper discusses rape throughout.Abstract. In this paper, I consider arguments in favor of jury trials. While I find these generally persuasive, I argue that there can be cases where juries are not fit for purpose. In those cases, I argue that they should be replaced by judge-only trials. In doing so, I propose a framework for determining whether a type of case is unsuitable for jury trials. Partly in response to low conviction rates, there have (...) been recent suggestions that rape trials should be conducted without juries. I suggest that there is strong evidence that these offences qualify under the criteria I have described. As a result, I argue that judge-only trials should be adopted for trying rape cases. (shrink)

This paper is aimed at assessing how power, control, and resistance come into play and how resistance counteracts power and control in police investigative interviewing. Considering that the Philippines was once a colony of the United States, it is essential to compare the two samples as the Philippine legal system is highly patterned after the American jurisprudence (Mercullo in JForensicRes 11:1–4, 2020). Highlighting the existing and emerging power relations between the police interviewer and the interviewee, the study employed Sacks, Schegloff, (...) and Jefferson’s ( Recuenco, A. (2022). Cops to undergo investigation retraining to improve conviction rate. Manila Bulletin. https://mb.com.ph/2022/07/21/cops-to-undergo-investigation-retraining-to-improve-conviction-rate/ ) Conversation Analysis (CA) and Fairclough’s (Ehrlich in Coulthard and Johnson (eds), The Routledge Handbook of Forensic Linguistics, Routledge, 2010) Critical Language Studies (CLS) as general frameworks. A total of 10 Philippine and American police interviews were examined. While the Philippine corpus was obtained from the Pasay City Police Station, Metro Manila, the American corpus was culled from forensicling.com, an open-access website containing forensic linguistic data. Findings revealed that power and control were employed by the police in both contexts with 109 evidential markers (50.7%) and 2,443 representative speech acts (63.3%) having the highest frequency of occurrence. What is striking is the fact that police officers in both Philippine and American contexts show power and control in their utterances to be able to achieve the goal of police interviewing, that is, to gather information and elicit voluntary responses from the interviewees. Through this study, it is hoped that interviewers will be able to explore a better system of the questioning process that may lead the interviewees to cooperate more with them and arrive at a more accurate information. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, (...) on the other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

Those who commit sexual assault are rarely brought to justice: for every 1000 rapes, only seven will result in a felony conviction. There are numerous factors that contribute to the fact that sexual assault goes largely unpunished, and legal reform alone is not a sufficient solution—but it is an important part of the solution. In this paper, I develop an account of the epistemic injustice that rape victims face in criminal trials, and I argue that this, at least in (...) part, helps to explain not only why conviction rates are so low, but why previous feminist legal reform has not helped to improve conviction rates. I then argue that more radical legal reform is necessary, and that we ought to consider lowering the standard of evidence in sexual assault cases. (shrink)

The purpose of this study is to identify if gender differences exist with respect to conviction of university students for academic dishonesty. To investigate this phenomenon, data from the Swedish National Agency for Higher Education (SNAHE) and from disciplinary boards of several Swedish universities were evaluated from a gender perspective. To identify whether the penalty severity for academic dishonesty is gender biased, the ratio of suspensions/warnings for male and female students was calculated. It was identified that female students are (...) less prevalent in disciplinary matters and that there was no systematic gender bias in penalty severities (warnings or suspensions). In addition, female students deny academic dishonest behaviors more than male students, indicating a possibly higher false conviction rate. (shrink)

§1 To many in or on the edges of the Academy, ”Relativism” is a word with overtones of sinister iconoclasm, representing a kind of intellectual and ethical free-for-all in which the traditional investigative virtues of clarity, rigour, objectivity, consistency and the unbiased pursuit of truth are dismissed as illusory and the great scientific constructions of the last two hundred years, together with our deepest moral convictions, rated merely as ‘our way of seeing’ the world, more elaborate and organised but otherwise (...) on all fours with the cosmology and customs of primitive tribes. In his short book, Paul Boghossian aims to address, and to expose as bankrupt, the idea that there is even a coherent, let alone defensible philosophical stance about truth and knowledge that can underwrite these ‘pluralist’, or ‘postmodernist’ tendencies. But since it is crucial to his project that his style of discussion make it available to non-specialists, much of the recent more technical, less emotional debate within analytical philosophy about relativism’s renaissance as a particular form of semantic theory is passed over unmentioned. Part of my aim in what follows is to illustrate how Boghossian's discussion connects quite straightforwardly with relativism in its contemporary analytical philosophical livery—what I have elsewhere called New Age relativism1— and how some of his critical arguments may be presented in that setting. My main contentions will be, first, that when relativism about epistemic justification, and about morals, are couched in the currently canonical sort of form, they still remain in range of artillery that Boghossian positions in chapter 6 of his book; second, that there is evasive action that they can.. (shrink)

The management of 13,500 women transported to Van Diemen’s Land during the fifty years to 1853 was a constant problem for the authorities. In response to suddenly increased numbers during the 1820s when ships began arriving directly from Britain, ‘female factories’ were built. These multipurpose institutions were designed to process new arrivals, regulate the supply of female convict labour to settler households and punish the recalcitrant. All were impelled by agendas of reform, as well as punishment, and were expected to (...) monitor the bodies of criminals while grinding them into useful citizenry. There is considerable evidence that all failed in their objectives. A lack of suitable tasks, ineffective management, and convict agency derailed administrative plans. Unlike British and Irish penitentiaries, female factories were not closed institutions. Their primary role was to service settler demand for cheap domestic servants. A second paperwork surveillance system regulated the wider circulation of female convict labour. This was much more effective at keeping female convicts in view, although it too met with considerable resistance. We examine the impact of both architectural and bureaucratic surveillance systems on prosecution rates and colonial births, illustrating the impacts of colonial surveillance on both work and reproduction. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...) of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)

In the Cratylus, Soc rates discusses with Cratylus and Hermogenes the question of whether names are merely arbitrary or in some sense ‘right,’ that is, motivated by the nature of the things they designate. In this article, I examine Heidegger’s controversial project of unearthing archē Greek terms in the specific light of the Cratylus and the tradition of “Cratylisms” which it has fostered. Having demonstrated the underlying Cratylist tendencies behind Heidegger’s conviction in the inherent ‘appropriateness’ of many Greek (...) keywords, I point out some of the problems posed by this closet Cratylism for Heidegger’s conception of primordial language as well as his critique of the correspondence theory of truth. (shrink)

In the Cratylus, Soc rates discusses with Cratylus and Hermogenes the question of whether names are merely arbitrary or in some sense ‘right,’ that is, motivated by the nature of the things they designate. In this article, I examine Heidegger’s controversial project of unearthing archē Greek terms in the specific light of the Cratylus and the tradition of “Cratylisms” which it has fostered. Having demonstrated the underlying Cratylist tendencies behind Heidegger’s conviction in the inherent ‘appropriateness’ of many Greek (...) keywords, I point out some of the problems posed by this closet Cratylism for Heidegger’s conception of primordial language as well as his critique of the correspondence theory of truth. (shrink)

In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate how (...) idealized discussions of deterrence, rehabilitation, and retribution often ignore the relationship between punishment and social/political power, and thus systematically obscure morally significant aspects of our broader penal practices. (shrink)

This paper aims to identify the decision support systems and their role on the strategic management development in the Universities- Case Study: Islamic University of Gaza. The descriptive approach was used where a questionnaire was developed and distributed to a stratified random sample. (230) questionnaires were distributed and (204) were returned with response rate (88.7%). The most important findings of the study: The presence of a statistically significant positive correlation between the decision support systems and strategic management in the Islamic (...) University in Gaza, and this shows that there is a role for decision support systems in strategic management development. The senior management is convinced of the importance of strategic management of the organization, and this conviction paid to clearly understand the process of the development of strategic management and thus led to a commitment to this process to improve its performance. There is an impact on the strategic management of the capabilities available for the use of decision support systems, and the type of decision support systems used, while there is little effect of top management support for the use of decision support systems. Also, the results showed that there were no statistically significant differences between the averages of the respondents answers attributed to personal data. The research also concluded a series of recommendations: The Islamic University of Gaza need to develop its infrastructure of decision support systems when it develops the strategic management. It should increase its interest in organizational potential through the necessity of a separate unit for decision support systems. As well as increased interest in the physical and technical capabilities available to decision support systems through continuity in keeping pace with technological means and techniques, continued support of senior management in the organization of strategic management for its positive role on decision support systems, that senior management will continue in the organization in creating a culture of strategic management, and it should encourage employees to participate in the strategic management process. (shrink)

The Foundations of Positive and Normative Economics: A Handbook is the first book in a new series by Andrew Caplin and Andrew Schotter. There is currently no guide available on the rapidly changing methodological frontiers of the field of economics. Economists have been introducing new theories and new sources of data at a remarkable rate in recent years, and there are widely divergent views both on how productive these expansions have been in the past, and how best to make progress (...) in the future. The speed of these changes has left economists ill at ease, and has created a backlash against new methods. The series will debate these critical issues, allowing proponents of a particular research method to present proposals in a safe yet critical context, with alternatives being clarified. This first volume, written by some of the most prominent researchers in the discipline, reflects the challenges that are opened by new research opportunities. The goal of the current volume and the series it presages, is to formally open a dialog on methodology. The editors' conviction is that such a debate will rebound to the benefit of social science in general, and economics in particular. The issues under discussion strike to the very heart of the social scientific enterprise. This work is of tremendous importance to all who are interested in the contributions that academic research can make not only to our scientific understanding, but also to matters of policy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Philosophical Basis of RhetoricHenry W. JohnstoneI want to begin by distinguishing between what has a philosophical basis at all and what has none. Science, history, morals, and art have a philosophical basis. Fishing, tennis, needlecraft, and carpentry do not. The criterion that determines membership in each list is simple: an activity has a philosophical basis if, and only if, the practice of it distinguishes man from the animals. (...) It must be disqualified on the ground that some animals, as well as men, fish. It might be argued, however, that there is an art of fishing requiring tools utilizable by man alone, and that the ability to fish in this way distinguishes man form the animal. To be sure, in some cultures fishing with appropriate tools is necessary. In others, carpentry is. But if we came across a culture in which fishing did not occur, we would not say, "This creature does not fish; hence he is not a man'; and the same for carpentry. It may seem that the same question arises for science and history. Not all cultures are scientific. If science is indeed, as I maintain, necessary for men, what then prevents us from visiting some primitive tribe and saying, "These creatures have no science; hence they are not men"? The answer is that the culture we have encountered is prescientific. Even though its participants have at the moment no science, science is somehow "in the cards" for them. We would not characterize the nomads of Afghanistan as being in a pre-fishing era. We would not say that fishing was in the cards for them. Of course if the desert should become a sea, they will become fishermen, and there will have been a pre-fishing era. But it is not necessary to the character or status of the nomad that he represent either a pre-fishing or a fishing, or, for that matter, a post-fishing era. It is not necessary for man, however, that he be either prescientific man or scientific man or postscientific man. I add the last rubric to accommodate not only the tragic possibility of a cataclysm that could wipe out all humans capable of maintaining the tradition of science but also the ironic possibility that man might some day simply turn away from science. In either eventuality, man would be essentially characterized as a being living in a [End Page 15] postscientific era; that is, not merely as a being bereft of science, but as a being living a life either oriented to the cataclysm that had shattered the tradition of science or else oriented to the conviction that science is a thing of the past. The non-fishing nomad, on the other hand, need not take any position at all with regard to the nature or value of fishing. The possibility of fishing need receive no mention in any characterization of him.The principle I have roughly stated and exemplified implies that if rhetoric has a philosophical basis, it is necessary to man, in the sense that all men live in either a pre-rhetorical culture, or a rhetorical culture, or a post-rhetorical culture. Each of these cultures is characterized by a disposition toward rhetoric. In the pre-rhetorical era, even though man does not engage in any form of rhetoric that we can recognize, we can see rhetorical activity as in the cards for him. Perhaps someone will object that there never has been such an era; as long as man has existed, he has engaged in rhetoric. So much the better for my argument; for then it is all the more clearly the case that rhetoric is necessary to man. But if man has gone through a pre-rhetorical phase, he is distinguished form all nonhuman creatures in this respect. No one would say of rats, cats, or cows that they are not yet engaged in rhetoric, but that once the idea occurs to them they will be. But man is either rhetorical from the outset or fated to become so once a certain idea dawns upon him—this, at any rate, is what anyone would be claiming who asserted that rhetoric has a... (shrink)

In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as for (...) defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders. (shrink)

Professor Eric A. Havelock in his book The Liberal Temper in Greek Politics approaches classical political philosophy from the positivistic point of view. The doctrine to which he adheres is however a somewhat obsolete version of positivism. Positivist study of society, as he understands it, is "descriptive" and opposed to "judgmental evaluation" but this does not prevent his siding with those who understand "History as Progress." The social scientist cannot speak of progress unless value judgments can be objective. The up-to-date (...) or consistent positivist will therefore refrain from speaking of progress and instead speak of change. Similarly Havelock appears to accept the distinction between primitive men or savages and civilized men, whereas the consistent positivist will speak not of savages but of pre-literate men and assert that preliterate men have "civilizations" or "cultures" neither superior nor inferior to those of literate men. It would be wrong to believe that the up-to-date positivist is entirely consistent or that his careful avoidance of "evaluative" terms is entirely due to his methodological puritanism; his heart tells him that once one admits the inequality of "cultures," one may not be able to condemn colonialism on moral grounds. Havelock is therefore perhaps only more intelligent or more frank than the consistent positivists when he describes his position as liberal rather than as positivist. Yet this does not entirely dispose of the difficulty. "For the liberals man is to be taken as you find him and therefore his present political institutions are to be taken as given also." This means that here and now the liberals will take American democracy as given and will then "concentrate empirically and descriptively on this kind of political mechanism." This is a fair description of positivistic political science at its best. Yet Havelock praises the same liberals for writing "in defence of democracy". What then is a liberal? Was a German social scientist who in 1939 took "the present political institutions as given" and subjected them to "empirical analysis" for this reason by itself a liberal? If so then a liberal is not a man of strong moral or political convictions, and this does not seem to agree with the common meaning of the word. Yet from Havelock's Preface it appears that the liberal regards all political and moral convictions as "negotiable" because he is extremely tolerant. Havelock applies the implicit maxim of conduct to the relations between the United States and Soviet Russia today. For all one can know from his book, he would have given the same advice during the conflict between the Western democracies and the Fascist regimes at the time of the Munich conference. At any rate he does not seem to have given thought to the question of whether Tolerance can remain tolerant when confronted with unqualified Intolerance or whether one must not fall back in the end on "moral convictions" which are not "negotiable." In almost all these points Havelock is liberal in the sense in which the word is commonly used here and now. (shrink)

We are accustomed to thinking of space and time as particulars or individuals—even if we should hesitate to describe them as things or objects or substances. We say ‘space has three dimensions’, ‘material things occupy space’, ‘the debris has disappeared into space’ and we talk in a comparable fashion about time. Not only do we think of space and time as individuals but, in many connections at any rate, we think of them as unique individuals. When we talk about spaces (...) and times in the plural, when we say ‘fill up the spaces on the form’, ‘it could go in the space between the lamp and the door’, ‘there were peaceful times in the early years of their marriage’ we think of these multiple spaces and times as parts of the unique allencompassing space and the unique all-encompassing time. Kant believed that we could not help thinking of them in this way. We do, at any rate, in fact think like this and it is this conviction that I want to examine. (shrink)

England and Wales have recently experienced wide-ranging rape law reform and a galloping rape reporting rate but no comparable increase in rape convictions, leading many erstwhile law reformers to turn attention to attitudes. In essence, their argument is that reform has proved relatively ineffective because a range of agents hold ‘rape myths’. Despite the broad consensus that this approach has attracted, I argue that the regressiveness of current public attitudes towards rape has been overstated. The claim that rape myths are (...) widespread may be challenged on three grounds: first, some of the attitudes are not myths; secondly, not all the myths are about rape; thirdly, there is little evidence that the rape myths are widespread. To a troubling extent, we are in the process of creating myths about myths. This process functions to close down, not open up, the possibilities of a productive public conversation about important and at times vexed questions. (shrink)

BackgroundMoral distress has been described as an emotionally draining condition caused by being prevented from providing care according to one’s convictions. Studies have described the impact of moral distress on healthcare professionals, their situations and experiences. The Measure of Moral Distress for Healthcare Professionals (MMD-HP) is a questionnaire that measures moral distress experienced by healthcare professionals at three levels: patient, system and team. The aim of this project was to translate and make a cultural adaption of the MMD -HP to (...) the Swedish context.MethodsThe questionnaire comprises 27 items, rated according to frequency and intensity on a five-point Likert scale (0–4). The procedure for translating MMD-HP followed WHO guidelines (2020). These entailed a forward translation from English to Swedish, a back translation, expert panel validation, pretesting and cognitive face-to-face interviews with 10 healthcare professionals from various professions and healthcare contexts.ResultsThe Swedish version of MMD-HP corresponds essentially to the concept of the original version. Parts of some items’ had to be adjusted or removed in order to make the item relevant and comprehensible in a Swedish context. Overall, the cognitive interviewees recognized the content of the items which generally seemed relevant and comprehensible.ConclusionThe Swedish version of MMD-HP could be a useful tool for measuring moral distress among healthcare professionals in a Swedish healthcare context. (shrink)

In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as for (...) defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders. (shrink)

Challenging the view that Nietzsche's work ultimately reinforces what he calls the "will to truth" (the conviction that nothing is needed more than truth and that everything else has only second-rate value), I argue that Nietzsche shows such faith in truth to be self-defeating. The result of a moral imperative to avoid deceiving, the unconditional value of truth culminates in modern science and the rejection of the metaphysics underlying its founding morality. Having led truthfulness to infer its own demise, (...) Nietzsche attempts to foster a love of surfaces in the spirit of the Greeks, who were "superficial out of profundity.". (shrink)

This paper presents REAL, a Real-Valued Attribute Classification Tree Learning Algorithm. Several of the algorithm's unique features are explained by úe users' demands for a decision support tool to be used for evaluating financial operations strategies. Compared to competing algorithms, in our applications, REAL presents maj or advantages : (1) The REAL classification trees usually have smaller error rates. (2) A single conviction (or trust) measure at each leaf is more convenient than the traditional (probability, confidence-level) pair. (3) (...) No need for an external pruning criterion. (shrink)

Are there brain differences between believers and nonbelievers? In order to investigate the effect of religious beliefs on cognitive control, Michael Inzlicht and his collaborators measured the neural correlates of performance monitoring and affective responses to errors, specifically, the error-related negativity. ERN is a neurophysiological marker occurring within 100 ms of error commission, and generated in the anterior cingulate cortex. The researchers observed that religious conviction is marked by reduced reactivity in the ACC, a cortical system that is involved (...) in the experience of anxiety and is important for self-regulation. Thus, they claimed that these results offer a mechanism for the finding that religion is linked to positive mental health and low rates of mortality. (shrink)

Metacognitive training (MCT) was developed to promote awareness of reasoning biases among patients with schizophrenia. While MCT has been translated into 31 languages, most MCT studies were conducted in Europe, including newer evidence recommending an individualized approach of delivery. As reasoning biases covered in MCT are separable processes and are associated with different symptoms, testing the effect of selected MCT modules would help to develop a targeted and cost-effective intervention for specific symptoms and associated mechanisms. This study tested the efficacy (...) of a 4-session metacognitive training for delusions, MCTd (in Traditional Chinese with cultural adaptations, provided individually), as an adjunct to antipsychotics in reducing severity and conviction of delusions, jumping to conclusions bias and belief inflexibility. Forty-four patients with delusions were randomized into the MCTd or the wait-list control condition. Patients on wait-list received the same MCTd after four weeks of treatment as usual. Assessment interviews took place before and after the treatment, and at 4-week follow-up. There was an additional baseline assessment for the controls. Jumping to conclusions and belief flexibility were measured by the beads tasks and the Maudsley Assessment of Delusions Scale. Attendance rate of the MCTd was satisfactory (84.5%). Compared to treatment as usual, there was a greater reduction in psychotic symptoms, delusional severity and conviction following MCTd. There was a large treatment effect size in improvement in belief flexibility. Improvement in reaction to hypothetical contradiction predicted treatment effect in positive symptoms and delusions. Jumping to conclusions bias was reduced following MCTd, although the treatment effect was not significantly larger than TAU. Our results support the use of process-based interventions that target psychological mechanisms underlying specific psychotic symptoms as adjuncts to more conventional approach. (shrink)

The growth of penal population through the last decades of the twentieth century reshaped the institutional landscape of American poverty and inequality. The effects of rising incarceration rates have been especially large for young minority men with little schooling. This paper charts the extent of incarceration among young disadvantaged men and describes the effects of the prison boom on American economic inequality.In this paper I will argue that we are currently living in an era of "mass imprisonment." Under mass (...) imprisonment, the experience of incarceration is so pervasive among some social groups as to be a defining feature of their collective experience_incarceration characterizes the group and influences their life chances. I provide evidence for this claim with estimates of incarceration rates and lifetime risks of imprisonment for recent birth cohorts of white and black men at different levels of schooling. These statistics show that young black men with little schooling became pervasively involved with the criminal justice system by the late 1990s.This historically novel and highly concentrated rate of incarceration has two profound effects on American economic inequality. First, mass imprisonment generates invisible inequality. Our official statistics and data sources that measure the economic well_being of the population do not count those who are institutionalized. The large labor force surveys that measure the unemployment rate, for example, are drawn from samples of households. Be cause prison inmates are not included in these surveys, employment rates are significantly over_stated among people most likely to go to prison. Once we factor in the effects of invisible inequality through the late 1990s, we see that the economic expansion did very little to improve the economic status of young black men with no college education.In addition to invisible inequality, incarceration reduces the life chances of ex_inmates after they are released. Through the stigma of a criminal conviction, the diminished human capital from time out of the labor force, and the weakened social connections to legitimate employment opportunities, incarceration reduces the wages and employment of those serving time in prison. Not only does incarceration reduce pay and employment, it also limits the kinds of jobs that are available to formerly_incarcerated workers. Career jobs requiring a high level of trust, skill, credentials, or well_placed social connections are largely out of reach for those with prison records. As a result, incarceration channels ex_inmates into the secondary labor market in which employment is precarious and there are few prospects for mobility. In this way, the growth of the American penal system has hardened the lines of social disadvantage. We usually study prisons and jails in the context of their effects on crime. By calculating the scope of mass imprisonment, the penal system becomes important not chiefly for its effects on crime, but for its effects on social inequality. (shrink)

This paper propounds the following theses: 1). that the traditional focus on the Blackstone ratio of errors as a device for setting the criminal standard of proof is ill-conceived, 2). that the preoccupation with the rate of false convictions in criminal trials is myopic, and 3). that the key ratio of interest, in judging the political morality of a system of criminal justice, involves the relation between the risk that an innocent person runs of being falsely convicted of a serious (...) crime and the risk of being criminally victimized by someone who was falsely acquitted. (shrink)

Have I made a mistake in my Anarchism, or has the editor of Liberty himself tripped? At any rate, I must challenge the Anarchism of one sentence in his otherwise masterful paper upon 'State Socialism and Anarchism.' If I am wrong, I stand open to conviction. It is this. 'They [Anarchists] look forward to a time...when the children born of these relations shall belong exclusively to the mothers until old enough to belong to themselves.'.

In early 1864, disappointed by the response to his previous work, the young Manchester academic W. Stanley Jevons announced that he was undertaking a study of the so-called coal question: ‘A good publication on the subject would draw a good deal of attention … it is necessary for the present at any rate to write on popular subjects’. When Jevons's The Coal Question was published in April 1865, however, it received comparatively little attention and sales were slow. Jevons and his (...) publisher, Alexander Macmillan, then began sending complimentary copies to luminaries such as Sir John Herschel and Alfred Tennyson. In February 1866 the marketing campaign produced its first substantial return. Macmillan had sent CQ to William Gladstone who responded with letters to both Macmillan and Jevons, noting that the book had strengthened his ‘conviction’ on the necessity for reducing the National Debt. In April, John Stuart Mill praised CQ in the House of Commons, calling for action on the Debt and, three weeks later, as Chancellor of the Exchequer, Gladstone introduced the budget using half his speech to examine the Debt situation and referring to CQ in support for a proposed measure of Debt reduction. With the extensive publicity given to CQ following Mill's speech and the budget, Jevons had achieved his objective in writing the text which went into a second edition in 1866. On the face of it, CQ 's success was due to its effect of introducing a change in budget policy and this is the impression given by some accounts of the episode. (shrink)

The discussion concerning the patenting of academic knowledge is already closed for many people. It has become a type of credo, solemnly intoned at all levels: universities must commercially valorize the knowledge that they generate as extensively as possible.The public means that are reserved for universities can never increase at the same rate as the mounting costs for highly specialized research. So universities, if they want to work at the top level, must increasingly appeal to private resources. Universities are increasingly (...) forced to aim at contract research, sponsorships, commercialised service, the patenting of technical findings, and spin-offs: Cash for knowledge!The pressure for the unfettered commercialisation of academic knowledge does not only come from within the universities. The message also comes from the politicians and those who are committed to economic prosperity. They argue that the commercialisation of intellectual property contributes to new employment because it makes new industrial developments possible and reinforces the competitiveness of ventures. They make it seem that universities form the motor of the knowledge economy.In a country without considerable natural resources and with extremely high personnel costs, innovation is of vital importance. Few convictions are equally as expressly avowed at so many differing forums. The direction of the march seems clear.It was once different. The knowledge that was acquired, deepened, preserved, and transmitted within the universities was not for sale. In fact, its sale could present difficulties because academic knowledge has never answered to the properties of a marketable thing. Use does not deplete knowledge and if you consider it your mission to bring to light knowledge, you do not want to exclude anyone from making use of it.Academic knowledge could thus not be an object of trade, at least so long as nobody was intent on keeping that knowledge secret, and so long as nobody appealed to regulations, whereby one could restrict the legal use of that knowledge. Today neither of these strategies are taboo within academic centres. The patenting of all forms of qualifying knowledge is even encouraged.A patent assumes, on the one hand, that one makes public the knowledge upon which a technique rests, while one, on the other hand, can grant use of that technique exclusively to who one gives a licence, whether or not for a fee. This system is put forth as attractive for all parties. The researchers can keep up with technical details, and the entrepreneur can commercialise the finding. Everyone is happy.Or perhaps not? Are there reasons to be concerned that universities must increasingly submit themselves to the laws of the market? Are there arguments for evaluating academic performance differently than the performance of entrepreneurs? Must one regret that knowledge is commercialised as much as possible?The proponents of the commercial orientation point out that all kinds of new incentives will give a new impetus to the old academic system and will increase the relevance of academic research. They seem to dismiss resistance to the renewal as a nostalgic outpouring of a privileged group that used to have it too good, a group that for too long knew to retreat too safely back into a series of unworldly problems.The opponents of the economically oriented approach fear that the proper character of the academic mission will be lost. They fear that the loss of academic autonomy will make the specific function that a university fulfils within society impossible. In what sense?In our society, there is not one type of sphere, and there is not one valid set of standards, the basis upon which performances are evaluated, functions are judged, or objectives commended. There are strongly divergent spheres and each have their own specific function. The laws that apply in one sphere do not necessarily have authority in another sphere, and the standards that apply in one sort of relationship often have little or no meaning in another relationship.Each sphere recognises its own standards and answers to its own system of exchange for compensation, approval, and recognition. What applies in the sphere of law does not necessarily apply in the sphere of someone’s personal friendships, or is not applicable among family members. What applies in trade does not necessarily apply in the sphere of art.Even more, things go wrong when the autonomy of these spheres is not respected. Within the domain of art, love and friendship, monetary laws are not valid, at least in a healthy situation. That is not to say that the rules that apply within the free market would be wrong or unethical – far from it. It seems self evident that these laws are valid under the condition that they apply in the environment to which they belong, and that one respects these limits.This applies for all spheres. It would be unjust if one would apply the standards of friendship to the spheres of jurisprudence or education. Manifestly, it seems self evident not to define justice as a univocal principle that must be extended with the same consistency in every type of sphere. Rather, it is just to respect the individual character of the normative relationship that applies in the diverse spheres of life, and to prevent one sphere from colonising another.Justice assumes that one prevents the political sphere from stipulating what must be said, or concealed, within the academic sphere. Academics must answer alone to that which is expected of them within the academic sphere. Political pressure may exert no influence on this. Why cannot one say the same about economic pressure?Do we run the risk that the economic sphere will colonise the academic sphere just as the economic sphere previously colonised the sphere of media? What must one imagine in this supposed risk? In what sense should economic laws threaten the academic sphere?In the academic sphere, it is traditional to follow one’s own interests and investigate anything whatsoever without having to ask if this knowledge is useful for something or how the fruits of this research fit within the economic context. The academic search for a better understanding of everything has an unconditional character.The manner in which researchers evaluate the performance of each other seldom has to do with the economic effects that their findings have, but with their reliability, the meticulousness with which they were checked, the scrupulousness with which the sources were collected, and the honesty with which they were communicated. The function of the academic is to collect and refine knowledge, and to bring to light the truth.By doing so, universities offer a type of foot-hold within society. They make it possible that a place exists where one can be obedient to what lets itself appear most truthfully today. Nobody has to fear, at least as long as the autonomy of the academic sphere is respected, that the communication of a particular subject was rhetorically coloured in function of a commercial interest, was applied according to the wishes of the sponsor, was brought into conformity with what was agreed upon by the financiers, or answered to the demands of a patent.It is possible that the influence of the commercial sphere shall be less dramatic than pessimistic academics imagine, but nothing indicates the opposite. Today we are giving a new strategy power, and nobody knows how the magician’s apprentice will bring it off.This forms the context of the questions that we shall try to answer together this number of Ethical Perspectives, and we will restrict our discussion to patents. We are aware that the discussion about patents illuminates just one part of the problems, which have to do with the relation of the worlds of academia and commerce. But there is a reason for confining oneself to an aspect of this problematic relationship. If one were to broaden the scope of inquiry further, one would risk missing the complexity of the subject matter already covered, and be consigned to a far too general and aimless debate.We have brought together a number of specialists, jurists, ethicists, and people with practical experience with the field. They shall introduce us into the problematic, confront us with their points of view, and help to answer our questions: Are there moral limits to the patenting of academic knowledge? Is patenting always the most efficient strategy? Does not perhaps the university sell its soul if it gradually leaves itself subject to the laws of the market?We will begin by asking how in particular a university should proceed with the patenting of knowledge. Modern universities were inspired by the ideals of the Enlightenment, which was characterised by the open distribution of unselfishly pursued knowledge.The privatisation and commercialisation of knowledge would seem to conflict with this traditional vision. Jürgen Mittelstrass and Bart Pattyn provide a theoretical and historical basis for protecting the autonomy of university research from the corrupting aspects of the market economy.But, are there reasons for giving up the traditional outlook? Few or no universities have not chosen to patent discoveries, but how is one to proceed within the framework of the university, once one has obtained patent protection? Can one pursue a policy of using these protected intellectual rights to secure the fruits of knowledge for financially weaker groups, or do circumstances compel the universities to be exclusively driven by market forces?Those are the kinds of questions that Gilles Capart and Geertrui Van Overwalle of the KU Leuven will deal with.Sigrid Sterckx of the university of Ghent will answer the question: can patents be morally justified?Paul Belleflamme of the Université Catholique de Louvan La Neuve writes concerning the economic evidence of patents, and the real effect of incentives. Are there any economic facts that can demonstrate the effectiveness of patenting?Then we give the floor to Christopher May of the University of Lancaster, who looks at the question of how universities have to deal with the global information society. (shrink)

@FP=Punishment in the contemporary United States is a massive and costly enterprise. As of 2001, approximately 5.6 million living adult residents of the United States had served time in a federal or state prison. In that same year, federal, state, and local governments in the United States spent $57 billion punishing these individuals, which does not include $72 billion to provide police protections and $38 billion to maintain the court system. An American resident is more than eight times more likely (...) to be incarcerated than a German resident and nearly nineteen times more likely than a Japanese resident. Despite the fact that our incarceration rates are so disproportionately high when compared to rates of other wealthy democracies, we suffer far more violent crime per capita than similar nations. In 2001, the reported offense rate per 100,000 for homicide in the United States was 5.6 while in Germany the rate was 3.23. For rape, the numbers are more disproportionate, with 31.8 in the U.S. compared with 10.45 in Germany. The comparison with Japan is still more dramatic, with Japanese homicide rates at 1.10 and rape rates at 1.85 per 100,000. The United States invests more in punishment than any other nation–both in terms of financial expenditure and the loss of freedom for millions of convicts–yet this price does not appear to result in a safer society. Given this, we must ask fundamental questions regarding punishment: What justifies punishment? What are the objectives of punishment? How should we accomplish those objectives? How important are those objectives when compared with other objectives, such as personal liberty? Imagine, for example, that we retained all of our current laws but one punishment applied for violating any of them: regardless of whether you were convicted of murder or exceeding the speed limit, you would be executed. Surely we could all be more confident that such a threat would reduce criminal activity, but with this security would come the anxiety that you or a loved one would be killed for committing a minor offense.. (shrink)

@FP= Although rehabilitation is often considered a type of punishment for criminal offenders, its objectives are therapeutic rather than punitive. While some theories of punishment claim that criminals deserve to suffer for their crimes, the rehabilitative ideal views criminal behavior more like a disease that should be treated with scientific methods available to cure the offender. Many convicts suffer from mental and physical illness, drug addiction, and limited opportunities for economic success and these problems increase the likelihood that they will (...) engage in criminal activity. If we simply incarcerate the convict while she “pays her debt to society,” she will likely reenter it with all of the obstacles that drove her to crime still in place. She will also need to contend with additional difficulties: a criminal record will impact her employment opportunities, she will be older and still without marketable skills or education, her social relationships may have deteriorated while she was in jail, and she may have become further acclimated to criminal culture. Thus incarcerating offenders could actually make them more likely to commit offenses after they are released, and recidivism rates attest to this. A rehabilitative approach would attempt to treat the underlying cause of her transgressions so that she can return to society to become a full and productive citizen. In other words, instead of exacting revenge against criminals and making their lives worse, rehabilitation tries to help them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Notes and Fragments WEISKEL'S SUBLIME AND THE IMPASSE OF KNOWLEDGE by Laura Quinney Since the publication of Thomas Weiskel's The Romantic Sublime in 1976, scholars of the sublime, in America at any rate, have taken their cue from the demystifying character ofWeiskel's analysis.1 Before Weiskel the most ambitious twentieth-century account of the sublime was Samuel Monk's largely descriptive work The Sublime: A Study of Critical Theories inEighteenth-CenturyEngland.2 With the (...) advent ofsemiotic and psychoanalytic approaches in the late sixties and early seventies, studies of the sublime shifted into a more critical mode. Neil Hertz had taken a skeptical tack in his early essay "A Reading of Longinus," but it was with Weiskel's book that the possibilities of demystifying die sublime were first explored fully.3 Weiskel's treatment is comprehensive, covering all the English Romantic poets as well as Burke and Kant. His thinking is sophisticated, incisive, and often inspired; though The Romantic Sublime was published nearly twenty years ago, it remains an admirable and influential work. In some respects it has never been superseded. Most major American scholars of the sublime—de Man, Knapp, and de Bolla, among others—have adopted the skeptical mode of Weiskel and Hertz.4 But die demystifying approach Weiskel's book helped to pioneer, while it has led to powerful argument, has certain limitations. Weiskel's precocious effort to "desublimate" the sublime shows diese limitations clearly, and it is die purpose of this essay to explore them. In die course of exposing the sublime as a mystified notion, and separating the naive believers from the canny skeptics, Weiskel also Philosophy and Literature, © 1994, 18: 309-319 310Philosophy and Literature separates intellectual insight from aesthetic capacity, and thus he uncritically reiterates die old Romantic dialectic of knowledge and power. The figure of Wordsworth plays a central role in establishing these oppositions. Weiskel portrays Wordsworth as the most successful poet of the sublime—the most successful, and tiierefore the most beguiled. In his remarkable concluding chapter, Weiskel locates the source of Wordsworth's powerful "liminal sublime" in a kind of intellectual regression. Wordswortii refuses the whole Symbolic order, the ghastly product of the Oedipus complex, for that order spells die deatii or disappearance of the signified, and die end of an imaginatively fruitful narcissism. Wordswortii retreats from the Symbolic to the Imaginary radier than endure tiiis threat to poetic life. And he is well rewarded for his dodge, since as a consequence the images of his memory thrill with the fascination of the ineffable. The Prelude gains its momentum from the project of memory; but the rich opacity and mysterious beckoning of memory's images are in a sense contrived. They spring out of a sublimation, the images colored widi the intensity of the signification Wordswortii has repudiated. Wordswortii sacrifices insight and intellectual progress for imaginative power. This is a strictly ambivalent exchange, as Weiskel makes clear in his conclusion; Wordsworth's rejection of the Oedipus complex and of the descent into the Symbolic Order, is "purely illusory, a fiction," but "the fiction is a necessary and saving one; it founds die self and secures the possibility—the chance for a self-conviction—of originality" (p. 203). Wordswortii's poetic success arises from his acceptance of an illusion, a "saving fiction" both enviable and degraded. This selfdelusion is essential to the poetic flourishing of the sublime, and only Wordsworth had the odd insensitivity to maintain it. Weiskel contrasts faith in the efficacy and excellence of sublimation with skeptical insight into its origin and end—its origin in mystification, and its end in alienation from the phenomenal world. The faith of Wordswortii's egotistical sublime is that imaginative perception provides die highest and paradoxically truest form of perception. It is easy enough to see how such a faith could provide hope and energy, and tiius could be compromised by wish-fulfillment in its generation, and direatened by extinction in its analysis. But what lies behind Weiskel's opposition of faith and insight is the old dichotomy—or series of interrelated dichotomies—that date back at least to Romanticism. Weiskel admits that his opposition of fruitful illusion and dessicating realism... (shrink)

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar (...) arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance. But this analysis fails to appreciate the crime-control costs of strict liability. By explicitly providing for punishment in the absence of moral blameworthiness, the law undermines its moral credibility with the community and thereby provokes subversion and resistance instead of the cooperation and acquiescence it needs for effective crime control. More importantly, the system’s lost moral credibility undermines the law’s ability to harness the powerful forces of stigmatization, social influence, and internalized norms. Given the serious limitations inherent in the real-world application of general deterrence and preventive detention programs, the most effective crime-control strategy is to build the criminal law’s reputation for being just, which means avoiding the use of strict liability. (shrink)

Philip Quinn, John A. O’Brien Professor at the University of Notre Dame from 1985 until his death in 2004, was well known for his work in the philosophy of religion, political philosophy, and core areas of analytic philosophy. Although the breadth of his interests was so great that it would be virtually impossible to identify any subset of them as representative, the contributors to this volume provide an excellent introduction to, and advance the discussion of, some of the questions of (...) central importance to Quinn in the last years of his working life. Paul J. Weithman argues in his introduction that Quinn’s interest and analyses in many areas grew out of a distinctive and underlying sensibility that we might call “liberal faith.” It included belief in the value of a liberal education and in rigorous intellectual inquiry, the acceptance of enduring religious, cultural, and political pluralism, along with a keen awareness of problems posed by pluralism, and a deeply held but non-utopian faith in liberal democratic politics. These provocative essays, at the cutting edge of epistemology, the philosophy of religion, philosophical theology, and political philosophy, explore the tenets of liberal faith and invite continuing engagement with the philosophical issues. “Philip Quinn was admired enormously throughout the world of professional philosophy.... His reputation for rigor, his tireless service to the profession, and his essentially ‘non-dogmatic,’ but philosophically sophisticated faith is widely admired... The essays in this volume are first-rate contemporary philosophy along with an excellent introduction to Quinn’s work.” —_Charles Taliaferro, St. Olaf College_ "The papers that form _Liberal Faith_ give insightful treatments of three types of questions: first, how can we conscientiously believe something when there are many people we admire who do not believe it, and what is the underlying relation here between justification and rationality; second, what does it mean to desire union with God, and can Christians properly believe in the possibility of eternal self-annihilation; third, how should liberal democracy accommodate the religious convictions of its members, whether some comprehensive doctrine such as a religion is required to justify a commitment to human equality, and whether there is an absolute moral prohibition on the state use of torture. The volume has an unusually good introduction putting the papers into dialog with each other and with the work of Philip Quinn. The papers are cohesive because the central themes of Philip Quinn's work hold together into a picture of how Christianity and Liberal Democracy fit together." —_John Hare, Noah Porter Professor of Philosophical Theology, Yale Divinity School _ “This is a collection of high quality essays dealing with various topics related to Philip Quinn’s work. The book makes an original contribution by virtue of its individual papers, each of which is new. These essays will be of interest to scholars and students who followed Quinn’s work, especially in philosophy of religion and political philosophy.“ —_John Greco, The Leonard and Elizabeth Eslick Chair in Philosophy, Saint Louis University _. (shrink)

The speed with which Bradley became an historical backwater has probably made it easier to think of him as a second-rate philosopher, who was either incompetent or careless, or at any rate uninteresting, and to suppose that his arguments have been refuted as well as rejected. But as far as his metaphysics are concerned this is not the case. His project and his premises are not those of contemporary analytic philosophy, but his arguments are none the less rigorous for that; (...) and attempts to convict him of poor reasoning often redound little to the credit of his critics, as I hope to show. If Bradley is not much read nowadays then the reason is that fashions have changed, rather than that his philosophical shortcomings have been found out. (shrink)

The speed with which Bradley became an historical backwater has probably made it easier to think of him as a second-rate philosopher, who was either incompetent or careless, or at any rate uninteresting, and to suppose that his arguments have been refuted as well as rejected. But as far as his metaphysics are concerned this is not the case. His project and his premises are not those of contemporary analytic philosophy, but his arguments are none the less rigorous for that; (...) and attempts to convict him of poor reasoning often redound little to the credit of his critics, as I hope to show. If Bradley is not much read nowadays then the reason is that fashions have changed, rather than that his philosophical shortcomings have been found out. (shrink)

BackgroundThe risk of child sexual abuse among non-forensic, non-correctional patients with Pedophilic Disorder is largely unknown.MethodsWe recruited a consecutive sample of 55 help-seeking, non-correctional adult men diagnosed with DSM-5 PD at a university-affiliated sexual medicine outpatient unit in Sweden. PD participants were compared with 57 age-matched, non-clinical control men on four literature-based dynamic risk domains and self-rated child sexual abuse risk.ResultsPD participants scored higher than controls on all tested domains ; expectedly so for pedophilic attraction : [1.91–2.89]), but also for (...) sexual preoccupation, impaired self-regulation, impaired cognitive empathy and antisocial traits, and self-rated child sexual abuse risk. When summarizing all five domains into a pre-specified composite score, PD subjects scored substantially higher than matched control men. Five PD participants self-reported any previous conviction for a contact child sexual offense and eight for possession of child sexual abuse material or non-contact sexual offending. Eighteen subjects acknowledged past week, child-related sexual behaviors.ConclusionSelf-referred, help-seeking men with PD scored higher than non-clinical control men on psychiatric measures of dynamic risk of child sexual abuse suggested in prior research with correctional samples diagnosed with PD. Our findings, including the composite risk measure, might inform clinical practice, but needs validation against actual sexual offending behavior. (shrink)

The present pair of studies investigated the assessment, correlates, and evaluation of ?moral rebels? who follow their own moral convictions despite social pressure to comply. In Study 1, self, peer, and teacher ratings of adolescents' tendencies to be a moral rebel were positively intercorrelated. In Study 2, young adults' tendencies to be a moral rebel were associated with relatively high self-esteem scores and relatively low willingness to engage in minor moral violations and need to belong scores. Both adolescents and young (...) adults reported relatively favorable attitudes toward a morally rebellious peer, especially when they themselves had heightened ratings on this characteristic. (shrink)

Are there brain differences between believers and nonbelievers? In order to investigate the effect of religious beliefs on cognitive control, Michael Inzlicht and his collaborators measured the neural correlates of performance monitoring and affective responses to errors, specifically, the error-related negativity. ERN is a neurophysiological marker occurring within 100 ms of error commission, and generated in the anterior cingulate cortex. The researchers observed that religious conviction is marked by reduced reactivity in the ACC, a cortical system that is involved (...) in the experience of anxiety and is important for self-regulation. Thus, they claimed that these results offer a mechanism for the finding that religion is linked to positive mental health and low rates of mortality. (shrink)