There are, broadly speaking, two ways to think about rationality, as defined in the following passage: ‘Reason’ for a long time meant the activity of understanding and assimilating the eternal ideas which were to function as goals for men. Today, on the contrary, it is not only the business but the essential work of reason to find means for the goals one adopts at any given time. To use what Horkheimer called objective reason, and what others have called expressive or (...) non–instrumental reason, is to reflect on one's goals, to attempt to determine what preferences one ought to hold. On the other hand, to use what Horkheimer called subjective reason is to ‘be concerned with means and ends, with the adequacy of procedures for purposes more or less taken for granted’, that is, to be instrumentally rational. This contrast between non-instrumental and instrumental reason is at the heart of many contemporary social and philosophical disputes. 1. (shrink)

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...) he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences. (shrink)

The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a wide range (...) of conduct on the basis of the fear, worry, and anxiety it generates among those who are not the direct victims of the conduct, and thereby undermines the limiting role of the harm principle by permitting the very move it was meant to prevent: the criminalization of harmless conduct on the ground of others’ feelings about it. The best way to avoid this dilemma is to recognize that people have rights, operating independently of the harm principle, to be treated in certain ways just because they are persons. The existence of such rights provides a ground for both criminalizing conduct and limiting the scope of criminalization because these rights point both to conduct that people must be permitted to engage in and conduct that might well be criminalized. A complete account of criminal law will therefore require the harm principle to work together with an independent account of rights. (shrink)

The increase in incarceration of offenders in the United States over the last 40 years has created a system of mass incarceration or mass punishment. While consequentialist theories of punishment may generate considerable doubts about the value of this system, it seems that retributive theories of punishment lack the resources to criticize mass punishment. Because of their focus on individual desert, it seems that they can say nothing about punishment in the aggregate. Nevertheless, there are good reasons for a certain (...) kind of retributivism to question the justice of mass punishment. When retributive punishment is considered as one of the functions of a state whose task is to create and maintain a system of equal freedom for all, then punishment must be justified not only at the individual level but also at the level of the system of punishment as a whole. If the criminal justice system inflicts excessive amounts of punishment in the aggregate, it becomes unjust, not because individual offenders are treated unjustly, but because a policy of relentless prosecution and punishment is not appropriate for a free society. (shrink)

ABSTRACTPeople have procedural rights because states are under a duty of political morality to provide them with fair procedures for settling disputes about the application of the laws. This obligation flows from the state's duty to treat each person as a free and equal member of the legal order. Yet adherence to procedural rights can impede accuracy in fact-finding, which in turn can result in poor protection for substantive rights. So the state also has a duty to provide a reasonable (...) degree of accuracy in fact-finding. The legal order should therefore strive to improve the accuracy of fact-finding, within the constraints imposed by procedural rights people have. Nevertheless, the duty to provide reasonably accurate procedures is subordinate to the duty to provide procedural rights because the settlement of disputes among free persons must be conducted in a manner that respects their status as free persons. (shrink)

Kant’s essay ‘On a Supposed Right to Lie from Philanthropy’ claims that everyone has an unconditional duty of right not to lie under any circumstances. This claim creates a conflict within the doctrine of right because Kant also claims that each of us is under an unconditional duty of right to obey the positive law in force in the civil condition in all circumstances. In Kant’s specific example, truthfulness would violate the positive law because it would make the speaker an (...) accomplice to a crime. Since both duties flow from the requirement that we not act inconsistently with the possibility of rightful relations among humans, a juridical solution to the conflict must be possible. That solution is to recognize that lying in appropriate circumstances is akin to the use of force in self-defence or defence of a third party. (shrink)

Most people think of law as an instrument that can help us achieve human purposes that can themselves be adequately specified without reference to law or legal ideas. But a number of scholars, asso...

Some version of the will theory and the interest theory of rights attempt to provide a precise and normatively neutral definition of a right that would be useful in substantive normative debates and that corresponds reasonably well with usage in our political and legal culture. But there is an irresolvable tension in this project. Consistent application of a definition of a right cannot plausible track ordinary usage without invoking underlying normative propositions about the justifications for granting rights. Thus, definitional approaches (...) to rights are too demanding to serve either the descriptive purpose of providing a neutral vocabulary or the normative purpose of usefully discussing the rights we ought to have. For descriptive purposes, it would be better to retreat, if necessary, to the Hohfeldian idea that a right is nothing more than the correlate of a duty; for normative purposes, it would be better to address directly the political justification for characterizing a particular legal as creating a right. (shrink)

In this paper, I show that a Kantian account can explain both the rule that consent is normally a defence to assault and the exceptions to that rule. Kant himself does not discuss the offence of assault, but the body – the manifestation of the person in space and time – is central to Kant’s account of each person’s innate right of humanity. Since Kant’s legal philosophy is oriented around the idea that each limit on freedom of action can be (...) justified only for the sake of freedom itself, it is plausible to think that this might do all the work; but that is not the case. The law may rightly refuse to recognize consent to a physical interaction that is inconsistent with treating the participants as persons and may, in such cases, create an exception to the usual rule that lack of consent is an element of assault.But this Kantian account needs to be supplemented in two ways. First, the account provides a structure but no criteria for determining whether an interaction is inconsistent with personhood. Second, the law does sometimes recognize consent as a defence in activities that expose the participants to the intentional application of force that creates a risk of permanent and serious damage, even though that damage itself could not be consented to. The distinction turns out to run parallel to Kant’s solution to the problem of sexuality: how is it possible for two persons to engage in an activity that necessarily requires each to treat the other as an object, and yet to retain their humanity? With these supplements, the limits on consent in the positive law of assault can be justified in Kantian terms. (shrink)

Kuhn and Moresi have proposed a useful taxonomy for classifying prisoners' dilemmas. This comment is concerned with K&M's observation that legal penalties for defection can transform PDs into cooperative games, and their argument that the role of the law may vary depending on how the PD is classified by their taxonomy. The purpose of this note is to support K&M's analysis by demonstrating that the law of damages, as understood by economic analysis, already performs the function that K&M assign to (...) legal penalties for defection. (shrink)

IntroductionAll states routinely inflict punishment, often quite harsh punishment, for criminal offences committed by persons who are subject to their laws; but it is remarkably difficult to provide a satisfactory normative justification for this practice.This paper is a review essay of Tadros . References to the book will be by way of parentheses in the text. Non-consequentialist accounts, such as retributivism, can readily explain why some kinds of wrongs are punishable, but find it difficult to accommodate the intuition that deterrence (...) can justify punishment. Consequentialist theories can easily explain why harmful conduct is punishable, but struggle to account for the intuition that only the factually guilty should be punished or for the criminal jurist’s obsession with questions of fault and responsibility. Theories that combine elements of retributivism and consequentialism are therefore quite attractive. In The Ends of Harm, Victor Tadros offers such a hybrid account. Acco .. (shrink)

Dr. Stewart identifies nausea as the central metaphor of Zarathustra, a nausea that accompanies a contempt for mediocrity, for democratic systems, indeed for bourgeois existence in general; but it is a nausea that more centrally accompanies Nietzsche's perspectivism. Thus, it is the nausea that occurs in the face of the chaotic and indeterminate character of the universe and of human existence.

First published in 1969, this was a new assessment of Freud’s most creative years and the formative period in psychoanalysis and was the first book to attempt a systematic presentation of Freud’s early ideas, relating them to his later work and to contemporary psychoanalysis. During the years 1888-1898 Freud published 15 papers and one book. In addition many of his ideas were formulated in a series of letters and drafts that he wrote to Dr Wilhelm Fliess. This material provided new (...) insights into the nature of Freud’s creative genius and gave new meaning to his published works. Psychoanalysis: The First Ten Years reviews these early papers, drafts and letters, and describes tentative formulations that, in spite of their value, were not developed further because of lack of time or a shift in interest. As Dr Stewart observes, ‘the study of this aspect of Freud’s work is perhaps the most exciting. Freud’s creativity in these years was remarkable. The ideas he _discarded_ in this short period of time would, for a less gifted person, have been a full life’s work of which he could have been proud.’ There is a good deal of historical and literary interest in his account of Freud’s relationships with Fliess, Breuer and others, but the core of the book is the critical assessment and systematic presentation of Freud’s early major insights, which dramatically reveal a creative genius in the process of discovery. (shrink)

As the world watched the Fukushima reactors spew incalculable quantities of radionuclides into the sea and air and wondered what effect this would have on our health and that of generations to come, the warnings of Dr. Alice Stewart about low-dose radiation risk assumed a terrible timeliness. As industry, governments, and the media attempted to quiet the alarms, assuring us that radioactive releases will dilute and disperse and become too miniscule to matter, the reassurances of Sir Richard Doll, foremost (...) among Stewart's detractors, also became relevant. It is clear, as proponents and opponents of nuclear energy thrash it out, that there is not much more scientific consensus about the hazards of low-dose radiation .. (shrink)

Moving beyond both realist and anti-realist accounts of mathematics, Shapiro articulates a "structuralist" approach, arguing that the subject matter of a mathematical theory is not a fixed domain of numbers that exist independent of each other, but rather is the natural structure, the pattern common to any system of objects that has an initial object and successor relation satisfying the induction principle.

Modern attitudes to meat in both men and women reflect a strong meat-masculinity association. Sex differences in the relationship between meat and masculinity have not been previously explored. In the current study we used two IATs (implicit association tasks), a visual search task, and a questionnaire to measure implicit and explicit attitudes towards meat in men and women. Men exhibited stronger implicit associations between meat and healthiness than did women, but both sexes associated meat more strongly with 'healthy' than 'unhealthy' (...) concepts, suggesting that the meat-masculinity association readily observed across western cultures may be mediated by a meat-strength/power association. The sex difference was not related to explicit attitudes to meat, nor was it attributable to a variety of other factors, such as a generally more positive disposition toward meat in men than women. Men also exhibited an attention bias toward meats, compared to non-meat foods, while females exhibited more caution when searching for non-meat foods, compared to meat. These biases were not related to implicit attitudes, but did tend to increase with increasing hunger levels. Potential ultimate explanations for these differences, including sex differences in bio-physiological needs and receptivity to social signals are discussed. (shrink)

Wisdom Beyond Words: Sense and Non-Sense in the Buddhist Prajnaparamita Tradition. Sangharakshita. Windhorse Publications, Glasgow 1993. 295 pp. £9.95.

Zen in America. Helen Tworkov. Kodansha America Inc., New York 1994. 271 pp. £13.99.

Odysseus’ Apologue, Books 9 to 12 of the “Odyssey”, is characterized by a substantial repetition of acts/scenes of eating/feasting. The following analysis serves, firstly, as a structural indication of the pervasiveness of eating acts to several episodes in Odysseus’ internal narrative, observing parallels between certain episodes which have not as yet been noticed. Secondly, I illustrate how acts of eating come to connote secondary associations in the Apologue, oscillating between the danger of destruction and of delay for the Ithacan travellers. (...) These connotations of eating ultimately respond both to Odysseus’ situation in Scheria and to the threat of the suitors in Ithaca. (shrink)

Stewart Shapiro's ambition in Vagueness in Context is to develop a comprehensive account of the meaning, function, and logic of vague terms in an idealized version of a natural language like English. It is a commonplace that the extensions of vague terms vary according to their context: a person can be tall with respect to male accountants and not tall (even short) with respect to professional basketball players. The key feature of Shapiro's account is that the extensions of vague (...) terms also vary in the course of conversations and that, in some cases, a competent speaker can go either way without sinning against the meaning of the words or the non-linguistic facts. As Shapiro sees it, vagueness is a linguistic phenomenon, due to the kinds of languages that humans speak; but vagueness is also due to the world we find ourselves in, as we try to communicate features of it to each other. (shrink)

Marketing systems research has the potential to contribute to the well-being of individuals, communities and our environment but we need to ensure that we do not mechanistically apply inadequate approaches. This article identifies tensions and limitations within the developing marketing systems theory and literature. Using the tools of critical realism, we aim to critique the omissions in the metatheory of marketing systems research and then put forward CR to reconstruct a more comprehensive basis for the development of marketing systems theory. (...) We draw attention to the failings of current metatheory in its use of conflationary approaches to theorizing before setting out the features of a CR informed study of marketing systems. (shrink)

This book is a clear and concise history of the soul in western philosophy, from Plato to cutting-edge contemporary work in philosophy of mind. Packed with arguments for and against a range of different, historically significant philosophies of the soul Addresses the essential issues, including mind-body interaction, the causal closure of the physical world, and the philosophical implications of the brain sciences for the soul's existence Includes coverage of theories from key figures, such as Plato, Aquinas, Locke, Hume, and Descartes (...) Unique in combining the history of ideas and the development of a powerful case for a non-reductionist, non-materialist account of the soul. (shrink)

This article uses an account of dwelling to interrogate the concept of curriculum making. Tim Ingold’s use of dwelling to understand culture is productive here because of his implicit and explicit interest in intergenerational learning. His account of dwelling rests on a foundational ontological claim—that mental construction and representation are not the basis upon which we live in the world—which is very challenging for the kinds of curriculum making with which many educators are now familiar. It undermines assumptions of propositional (...) knowledge and of the use of mental schemas to communicate and share. At the level of critique, then, dwelling destabilizes contemporary ideas of curriculum as textual, pre-specified content for transmission or pre-defined objectives or standardized activity. The positive claims of dwelling are equally challenging, for these are that the world is a domain of relational entanglement in which an organism can be no more than a point of growth for an emergent ‘environment’, and meaning only inheres in these relations. The paper articulates how differentiation (of learner, salient meanings, knowledge, skill and place) are possible in such an ontology, and how curriculum making can be understood from this perspective as being the remaking of relationships between these. (shrink)

Guthrie contends that religion can best be understood as systematic anthropomorphism - the attribution of human characteristics to nonhuman things and events. Religion, he says, consists of seeing the world as human like. He offers a fascinating array of examples to show how this strategy pervades secular life and how it characterizes religious experience.

It describes and explains the patient-centered model examining and evaluating qualitative and quantitative research. It comprehensively covers the evolution and the six interactive components of the patient-centered clinical method, taking the reader through the relationships between the patient and doctor and the patient and clinician. All the editors are professors in the Department of Family Medicine at the University of Western Ontario, London, Canada.

Appropriate for both academic readers and informed general enthusiasts of the cinema it addresses, the book demonstrates both philosophy's particular usefulness for the analysis of modernist cinema and film form's inherent potential for ...

This Handbook re-examines the concept of early modern history in a European and global context. Volume I addresses social and cultural identity, examining structural factors such as climate, printing and the revolution in information, economic developments, and religion, including chapters on Orthodoxy, Judaism and Islam.

This Handbook re-examines the concept of early modern history in a European and global context. Volume II engages with philosophy, science, art and architecture, music, and the Enlightenment, and examines the military and political developments within and beyond the boundaries of Europe.

ABSTRACTThis paper is premised on the call to re-orientate marketing as a contributing social science. It gathers together criticisms of marketing research which identify inconsistencies that prevent our progress. It posits that we are driven to reproduce these inconsistencies because of a closed-system of practice and because of the generative absence of an effective, reflexive and integrative metatheoretical structure. In response to these problems, the paper aims to offer an integrative metatheoretical structure from which to ground our research and intervene (...) in the identified inconsistencies. The paper therefore offers a perspective on the constitution of the world, before addressing the terms and conditions on which the world is to be researched and explained. This conceptual contribution employs tools developed in the critical realist philosophy of social science to address: instances of absence within marketing research; and how these instances are generated and reproduced. It then suggests how these absences can be rectified. (shrink)

This book comprises all of John Bell's published and unpublished papers in the field of quantum mechanics, including two papers that appeared after the first edition was published. It also contains a preface written for the first edition, and an introduction by Alain Aspect that puts into context Bell's great contribution to the quantum philosophy debate. One of the leading expositors and interpreters of modern quantum theory, John Bell played a major role in the development of our current understanding of (...) the profound nature of quantum concepts. First edition Hb (1987): 0-521-33495-0 First edition Pb (1988): 0-521-36869-3. (shrink)