Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)
A succinct introduction to mathematical logic and set theory, which together form the foundations for the rigorous development of mathematics. Suitable for all introductory mathematics undergraduates, Notes on Logic and Set Theory covers the basic concepts of logic: first-order logic, consistency, and the completeness theorem, before introducing the reader to the fundamentals of axiomatic set theory. Successive chapters examine the recursive functions, the axiom of choice, ordinal and cardinal arithmetic, and the incompleteness theorems. Dr. Johnstone has included numerous exercises (...) designed to illustrate the key elements of the theory and to provide applications of basic logical concepts to other areas of mathematics. (shrink)
The centerpiece of the Analyses is a translation from the German of notes for a series of lectures given by phenomenologist Edmund Husserl in the early twenties, which is to say some eighty years ago. Husserl designated the topic of the lectures 'transcendental logic'. In this context, the term, 'transcendental', is not to be understood in some mystical sense, but rather in a Kantian sense: pertaining to the conditions of possibility of experience. Likewise, the term, 'logic', is not to be (...) taken in the narrow sense of formal logic, but rather in the very general sense it had for Platonic dialectic: a concern with normative guidelines and critical assessment of the possibility of truth. The topic of the lectures is succinctly characterized by Husserl as 'a universal theory of science, and at the same time, a theory of science in principle,' where the latter means 'the science of the a priori of all sciences as such' (p. 1). (shrink)
Standard agent and action-based approaches in computer ethics tend to have difficulty dealing with complex systems-level issues such as the digital divide and globalisation. This paper argues for a value-based agenda to complement traditional approaches in computer ethics, and that one value-based approach well-suited to technological domains can be found in capability theory. Capability approaches have recently become influential in a number of fields with an ethical or policy dimension, but have not so far been applied in computer ethics. The (...) paper introduces two major versions of the theory – those advanced by Amartya Sen and Martha Nussbaum – and argues that they offer potentially valuable conceptual tools for computer ethics. By developing a theory of value based on core human functionings and the capabilities (powers, freedoms) required to realise them, capability theory is shown to have a number of potential benefits that complement standard ethical theory, opening up new approaches to analysis and providing a framework that incorporates a justice as well as an ethics dimension. The underlying functionalism of capability theory is seen to be particularly appropriate to technology ethics, enabling the integration of normative and descriptive analysis of technology in terms of human needs and values. The paper concludes by considering some criticisms of the theory and directions for further development. (shrink)
In recent years it has become popular to model putative refutations of skepticism on Kant's answer to Hume, that is, on transcendental arguments purporting to show that the skeptical theses presupposes essential features of the very conceptual scheme they call into question. In his book, Oneself as Another, Paul Ricoeur makes the claim that transcendental considerations of the sort invalidate Edmund Husserl's foundationalist epistemological enterprise, that of uncovering the genesis of primitive concepts of oneself, world, and others in a primordial (...) solipsistic stage from which all trace of others is excluded. According to Ricoeur the concept of others must be presupposed throughout. This paper examines the experiential evidence for four of the transcendental arguments endorsed by Ricoeur, each treating one of four key concepts--the concept of oneself as subject, that of one's flesh, that of one's body, and that of other selves. It finds that in each case Ricoeur’s argument fails, and that in each case Husserl is right to claim that a rudimentary nonlinguistic concept may arise within the confines of first-person perceptual experience. The paper then briefly examines the source of Ricoeur's erroneous evaluation. (shrink)
Recent research suggests that spiritual experiences are related to increased physiological activity of the frontal and temporal lobes and decreased activity of the right parietal lobe. The current study determined if similar relationships exist between self-reported spirituality and neuropsychological abilities associated with those cerebral structures for persons with traumatic brain injury (TBI). Participants included 26 adults with TBI referred for neuropsychological assessment. Measures included the Core Index of Spirituality (INSPIRIT); neuropsychological indices of cerebral structures: temporal lobes (Wechsler Memory Scale-III), right (...) parietal lobe (Judgment of Line Orientation), and frontal lobes (Trail Making Test, Controlled Oral Word Association Test). As hypothesized, spirituality was significantly negatively correlated with a measure of right parietal lobe functioning and positively correlated (nonsignificantly) with measures of left temporal lobe functioning. Contrary to hypotheses, correlations between spirituality and measures of frontal lobe functioning were zero or negative (and nonsignificant). The data support a neuropsychological model that proposes that spiritual experiences are related to decreased activity of the right parietal lobe, which may be associated with decreased awareness of the self (transcendence) and increased activity of the left temporal lobe, which may be associated with the experience of specific religious archetypes (religious figures and symbols). (shrink)
Notices Amer. Math. Sac. 51, 2004). Logically, such a "Grothendieck topos" is something like a universe of continuously variable sets. Before long, however, F.W. Lawvere and M. Tierney provided an elementary axiomatization..
Cultural differences in end-of-life care and the moral disagreements these sometimes give rise to have been well documented. Even so, cultural considerations relevant to end-of-life care remain poorly understood, poorly guided, and poorly resourced in health care domains. Although there has been a strong emphasis in recent years on making policy commitments to patient-centred care and respecting patient choices, persons whose minority cultural worldviews do not fit with the worldviews supported by the conventional principles of western bioethics face a perpetual (...) struggle in getting their care needs met in a meaningful, safe, and healing way. In this essay, attention is given to exploring why cultural differences exist, why they matter, and how health care providers should treat them in order to reduce the incidence and impact of otherwise preventable harmful moral outcomes in end-of-life care. In addressing these questions, a novel application of the renowned terror management theory will be made. (shrink)
This article explores emotions and their relationship to ‘somatic responses’, i.e., one’s automatic responses to sensations of pain, cold, warmth, sudden intensity. To this end, it undertakes a Husserlian phenomenological analysis of the first-hand experience of eight basic emotions, briefly exploring their essential aspects: their holistic nature, their identifying dynamic transformation of the lived body, their two-layered intentionality, their involuntary initiation and voluntary espousal. The fact that the involuntary tensional shifts initiating emotions are irreplicatable voluntarily, is taken to show that (...) all emotions have an innate core, a conclusion corroborated by their strong similarities to somatic responses in dynamics, hedonic tone, and topology. The fact that emotions may be culturally reworked, is shown to be explicable in terms of their complex nature: their dependence on belief, their voluntary espousal, and their ready social transmittability. Finally, it is argued that emotions may plausibly be deemed the evolutionary descendants of somatic responses. (shrink)
Finitary sketches, i.e., sketches with finite-limit and finite-colimit specifications, are proved to be as strong as geometric sketches, i.e., sketches with finite-limit and arbitrary colimit specifications. Categories sketchable by such sketches are fully characterized in the infinitary first-order logic: they are axiomatizable by σ-coherent theories, i.e., basic theories using finite conjunctions, countable disjunctions, and finite quantifications. The latter result is absolute; the equivalence of geometric and finitary sketches requires (in fact, is equivalent to) the non-existence of measurable cardinals.
The all too common sunk cost effect is apparent when an investor influenced by what has been spent already persists in a venture, committing further resources or foregoing more profitable opportunities, when the economically rational action is to quit. Less common but arguably just as much a sunk cost effect is the mistake of giving up on a failed or failing venture too readily, sometimes out of nothing but pique at what has been lost, or perhaps through the more subtle (...) psychological forces posited by Kahneman, Tversky, Thaler and others within prospect theory and related work on ``mental budgeting''. Two case examples are considered, wherein decision makers dissatisfied with the results of their investments, and having lost money, appear to compound their losses by selling out at prices less than their own estimates of the remaining financial worth of the failed assets. These decisions are evaluated from the perspectives of both behavioral and prescriptive economics, and are found to have possible explanations in both. Their prescriptive rationale assumes a portfolio theory of investment decisions, and is demonstrated within both expected utility (economics) and mean-variance (finance) frameworks. (shrink)
Roughly characterized, solipsism is the skeptical thesis that there is no reason to think that anything exists other than oneself and one’s present experience. Since its inception in the reflections of Descartes, the thesis has taken three broad and sometimes overlapping forms: Internal World Solipsism that arises from an account of perception in terms of representations of an external world; Observed World Solipsism that arises from doubts as to the existence of what is not actually present sensuously in experience; Unreal (...) World Solipsism that arises from doubts as to the reality of the perceived world. This book attempts to give a rationally warranted refutation of all three forms. Over time, a vast number of putative rebuttals of solipsism have been proposed. The first half of the book clears the terrain for more productive investigation by showing in detail how each of these various responses fails. Among the simpler of such responses is the claim to have knowledge and certainty about everyday matters (Moore, Austin, Quinton, Pollock). Another is to appeal to pragmatic considerations dictated by the fact of one’s living in the world (Wittgenstein, Rescher, Ayer, Will, Strawson). Yet another is to undermine the skeptical thesis by applying it to itself (Plato, Hume, Russell, Johnson). All of these simpler approaches are found to be inadequate or irrelevant (Chapters 2 and 3). Other responses are more complex in that they presuppose certain basic positions with regard to the nature of cognition, meaning, language, or thought. Consequently, showing how they fail often involves showing the falsity of their underlying views. One such approach maintains that any empirical enquiry presupposes the existence of material objects (Neurath, Wittgenstein, Sellars, Quine, Gurwitsch, Williams, Rorty, BonJour), and that consequently solipsism is a problem peculiar to a mistaken foundationalist epistemology that purports to derive all warranted belief about the world from sensuous data. However, on examination, the various lines of reasoning advanced are found to be fallacious (Chapter 4). A closely-related approach is to claim that any empirical enquiry presupposes background truths, and that consequently solipsism is parasitic in the sense that it is based on truths that it purports to deny (Heidegger, Wittgenstein, Sellars, Quine). Such a self-contradictory situation is shown to obtain for only one form of solipsism, representational solipsism with its classical external world problem dating back to Descartes (Chapter 5). Another approach is to appeal to linguistic considerations in order to level charges of meaninglessness against solipsism (Wittgenstein, Austin, Ryle, Putnam, Clarke, Stroud). However, the charges are easily shown to be unwarranted (Chapter 6), a conclusion subsequently corroborated by a briefly sketched first-person account of meaning (Chapter 7). A further approach is to claim that all philosophical thinking must involve linguistic concepts, that language is intersubjective and tied to objects, and hence that solipsism is conceptually parasitic, and hence calls into question a conceptual scheme that it presupposes (Kant, Strawson, Wittgenstein, Sellars, Quine, Rorty). However, it may be shown that language is not incorrigibly wedded to objects, and in revised form it may be used to state solipsistic theses (Chapter 8). This conclusion is further supported by a refutation of various arguments against the possibility of private language (Wittgenstein, Sellars, Goodman, Rorty, Gadamer), as well as by the empirical evidence of everyday thinking that commonly takes place without reliance on the structures of public language (Chapter 9). The final chapters are more directly constructive. Following foundationalist procedure, a survey is undertaken of the sensuous data of first-person experience in its various modalities and their interrelationships (Chapter 10). An account is given of the bodily nature of the experiencing subject or self that feels, that wills, and that thinks, as well as of the spontaneity of the self or its capacity for free choice (Chapter 11). Rational warrant is then provided for thinking that items randomly perceived through a subject’s spontaneity or free will, continue to exist when unperceived, thus refuting forms of Observed World Solipsism that deny the existence of unperceived objects (Chapter 12). Finally, it is argued with regard to Unreal World Solipsism that while the scenarios it proposes cannot be dismissed as impossible, the absence of any supporting evidence whatever in their favor makes the espousal of any of them both arbitrary and an irrational leap (Chapter 13). (shrink)
This paper explores why respondents to a telephone public-opinion survey often give reasons for answering as they do, even though reason-giving is neither required nor encouraged and it is difficult to see the reasons as attempts to deal with disagreement. We find that respondents give reasons for the policy claims they make in their answers three times as frequently as they give reasons for value or factual claims, that their reasons tend to involve appeals to personal experience, and that they (...) often talk about their thought processes, especially when the evidentiary stakes are high. We then explore several ways of explaining these findings. We suggest that one useful approach is to see the reason-giving in the survey interviews as deliberative, reflexive argumentation of the sort described as `critical thinking. We further suggest that the reason such argumentation is often conducted out loud in the interviews, rather than internally, is that it functions in the service of rhetorical ethos, in particular the need to display the fact that one is human, with human autonomy and agency. Doing this may be particularly important in contexts such as anonymous survey interviews in which people are at risk of being treated like machines. (shrink)
This article is a sequel to ‘The Liar Syndrome’. It answers in detail the various criticisms of the latter expressed by Roy T. Cook in his article, ‘Curing the Liar Syndrome’, appearing in SATS/Nordic Journal of Philosophy, 3 (2): 126-141 (2002).
Prologue -- The Greek stones speak : toward an archaeology of consciousness -- Singing the muses' song : myth, wisdom, and speech -- Physis, kosmos, logos : presocratic thought and the emergence of nature-consciousness -- Sophistical wisdom, Socratic wisdom, and the political life -- Civic wisdom, divine wisdom : Socrates, Plato, and two visions for the Athenian citizen -- Speculative wisdom, practical wisdom : Aristotle and the culmination of Hellenic thought -- Epilogue.
As Descartes noted, a proper account of the nature of the being one is begins with a basic self present in first-person experience, a self that one cannot cogently doubt being. This paper seeks to uncover such a self, first within consciousness and thinking, then within the lived or first-person felt body. After noting the lack of grounding of Merleau-Ponty’s commonly referenced reflections, it undertakes a phenomenological investigation of the body that finds the basic self to reside in one’s espoused (...) feelings and striving, both bodily in nature. It then examines the relationship of the lived body to the visual body and to the body studied by science. Two issues concerning that relationship are taken up. It is concluded that on the available evidence neither the apparent agency nor the apparent free will of the lived body is illusory. (shrink)
This article examines the various Liar paradoxes and their near kin, Grelling’s paradox and Gödel’s Incompleteness Theorem with its self-referential Gödel sentence. It finds the family of paradoxes to be generated by circular definition–whether of statements, predicates, or sentences–a manoeuvre that generates the fatal disorders of the Liar syndrome: semantic vacuity, semantic incoherence, and predicative catalepsy. Afflicted statements, such as the self-referential Liar statement, fail to be genuine statements. Hence they say nothing, a point that invalidates the reasoning on which (...) the various paradoxes rest. The seeming plausibility of the paradoxes is due to the fact that the same sentence may be used to make both the pseudo-statement and a genuine statement about the pseudo-statement. Hence, if a formal system is to avoid ambiguity and consequent seeming paradox, it requires some sort of disambiguator to distinguish the two statements. Gödel’s Theorem presents a further complication in that the self-reference involved is sentential rather than statemental. Nevertheless, on the intended interpretation of the system as a formalization of arithmetic, the self-referential Gödel sentence can only be an ambiguous statement, one that is both a pseudo-statement and its genuine double. Consequently, the conclusions commonly drawn from Gödel’s theorem must be deemed unwarranted. Arithmetic might well be formalized in a proper system that either excludes circular definition or introduces disambiguators. (shrink)
Book review of Maxine Sheets-Johnstone’s The Roots of Morality Content Type Journal Article Pages 1-4 DOI 10.1007/s11097-011-9206-2 Authors Benedict Smith, Department of Philosophy, Durham University, 50 Old Elvet, Durham, DH1 3HN UK Journal Phenomenology and the Cognitive Sciences Online ISSN 1572-8676 Print ISSN 1568-7759.
