The most widely repeated retributivist argument against the utilitarian theory of punishment is that utilitarianism permits punishment of the innocent. While defenders of utilitarianism have shown that a publicly announced policy of punishing the innocent is unlikely to serve utility, critics have insisted that utilitarianism morally obliges officials to deceive the public by framing the innocent. Yet philosophers and legal scholars have heretofore failed to test this claim against the writings of the theory's originators. We directly examine the writings of (...) Jeremy Bentham and other eighteenth and nineteenth century utilitarians and demonstrate that the originators of utilitarian penology clearly opposed both punishment of the innocent and deception of the public. We argue that utilitarianism originated as a legal theory that emphasized several institutional conditions for the public pursuit of utility, including security of person and property, legality, legislative supremacy, democratic accountability, publicity and transparency. These institutional conditions would preclude both systematic and ad hoc framing of the innocent. We show that the original utilitarians considered individuals incompetent to determine and pursue the public welfare, and that the contemporary conception of utilitarianism as an ethical standard governing individuals is a modern innovation. Bentham's theory of punishment did not derive from any general ethical theory. Bentham, like his chief forebears Hume, Helvetius and Beccaria, thought of public utility as a standard of value for public action, such as legislation. He assumed that private action was ruled by self-interest (i.e. private utility) so that there was little point in directing arguments about the general welfare to individual ethical actors. In assessing public action, Bentham was far less concerned about consequences than has generally been supposed and far more concerned about process. He identified utility with security of expectations and the rule of law. As a consequence, he endorsed public actions that could be seen to have emerged from a rational and well-informed debate about their consequences for the public welfare. Utility was not a definition of the good or a guide to conscience, but a standard designed for use in public, deliberative debate. Utilitarianism was not so much a philosophical theory as a rhetorical practice, understood as a transparent language of analysis and argument for use in political deliberation.We elaborate the procedural conditions presupposed by utilitarian discourse, beginning with Bentham's commitment to a conception of legality involving legislative promulgation of formal rules faithfully applied by rigidly constrained bureaucrats and judges. Next, we demonstrate Bentham's commitment to democratic representation of the public in devising legislation. Finally, we emphasize Bentham's commitment to publicity in government decisionmaking. Utilitarian policy required public scrutiny of all decisions and the information and reasons considered in making them. In sum, Bentham's utilitarianism was primarily concerned with the problem of how to design government so that it could accurately identify and faithfully pursue the public good while being openly seen to do so. It follows that Bentham's utility principle does not require him to endorse deceiving the public and framing an innocent person. (shrink)
Does asking about trauma history create participant distress? If so, how does it compare with reactions to other personal questions? Do participants consider trauma questions important compared to other personal questions? Using 2 undergraduate samples (Ns = 240 and 277), the authors compared participants' reactions to trauma questions with their reactions to other possibly invasive questions through a self-report survey. Trauma questions caused relatively minimal distress and were perceived as having greater importance and greater cost-benefit ratings compared to other kinds (...) of psychological research in an undergraduate human subjects pool population. These findings suggest that at least some kinds of trauma research appear to pose minimal risk when compared to other minimal risk research topics, and that participants recognize the importance of research about trauma. (shrink)
The aim of the present investigation was to describe and to classify significant ethical problems encountered by the members of the staff during the daily clinical work at a hospital medical department. A set of definitions was prepared for the purpose, including the definition of a 'significant ethical problem'. During a three month period 426 inpatients and 173 outpatients were admitted. Significant ethical problems were encountered during the management of 106 in-patients (25 per cent) and 9 out-patients (5 per cent). (...) No significant difference was found between the frequency of ethical problems in female and male patients, but a positive correlation was noted between the number of problems and the patients' age. The problem types were classified according to a problem list. The results of this investigation suggest that greater attention must be paid to discussions about ethical problems among doctors and other categories of health personnel and that, among others, medical students ought to be taught the analysis of ethical problems. (shrink)
The mere exposure effect is the increase in positive affect that results from the repeated exposure to previously novel stimuli. We sought to determine if judgments other than affective preference could reliably produce a mere exposure effect for two-dimensional random shapes. In two experiments, we found that brighter and darker judgments did not differentiate target from distracter shapes, liking judgments led to target selection greater than chance, and disliking judgments led to distracter selection greater than chance. These results for brighter, (...) darker, and liking judgments were obtained regardless of whether shape recognition was greater (Experiment 1) or not greater (Experiment 2) than chance. Effects of prior exposure to novel shapes were reliably observed only for affective judgment tasks. These results are inconsistent with general predictions made by the nonspecific activation hypothesis, but not the affective primacy or perceptual fluency hypotheses which were discussed in terms of cognitive neuroscience research. (shrink)
Im Februar 1930 beschloß das Parlament der tschechoslowakischen Republik, Präsident Th. G. Masaryk aus Anerkennung seiner Verdienste um die Republiksgründung eine Summe von 20 Millionen Kronen zu widmen. Aus Dankbarkeit seinem philosophischen Lehrer Franz Brentano gegenüber ermöglichte Masaryk mit einem Teil dieser Summe im darauffolgenden Jahr die Gründung einer Brentano-Gesellschaft und eines Brentano-Archives in Prag unter der Leitung von Oskar Kraus. Der vorliegende Beitrag versucht die Vorgeschichte und die Geschichte der Gesellschaft bis zu ihrer endgültigen Auflösung im Jahre 1955 und (...) damit ein Stück vergessener Wissenschaftsgeschichte zu rekonstruieren. Besonderes Augenmerk wird dabei auf die Rolle gelegt, die die Brentano-Gesellschaft im Bemühen um den wissenschaftlichen Nachlaß Brentanos spielte. (shrink)
The use of computers to support learning at work has for long been propagated. Although a large bulk of experience exists in this field, it is still an open question what role computer applications play and can play in the process of learning. It can even be questioned if the learning processes themselves are sufficiently well understood to enable designers and others to provide relevant support. In this article these questions are addressed with reference to experience gained with two projects (...) on computer support for shop floor learning. The projects involved the future users actively in the design process and it is argued that this involvement reached far beyond the mere shaping of the learning artefacts. (shrink)
The recent “inhabited institutions” research stream in organizational theory reinvigorates new institutionalism by arguing that organizations are not merely the instantiation of environmental, institutional logics “out there,” where organizational actors seamlessly enact preconscious scripts, but are places where people and groups make sense of, and interpret, institutional vocabularies of motive. This article advances the inhabited institutions approach through an inductive case study of a transitional housing organization called Parents Community. This organization, like other supportive direct service organizations, exists in an (...) external environment relying increasingly on federal funding. Most scholars studying this sector argue that as federal monies expand to pay for these organizations’ services, non-profit organizations will be forced to become ever more bureaucratic and rationalized. However, I find that three key service departments at Parents Community respond in multiple ways to this external environment, depending on each department members’ creative uses of institutional logics and local meanings, which emerge from their professional commitments, personal interests, and interactional, on-the-ground decision making. By looking carefully at these three departments’ variable responses to the external environment, we have a better map for seeing how human agency is integrated into organizational dynamics for this and other organizations. (shrink)
How has the international community responded to humanitarian crises after the end of the Cold War? While optimistic ideational perspectives on global governance stress the importance of humanitarian norms and argue that humanitarian crises have been increasingly addressed, more skeptical realist accounts point to material interests and maintain that these responses have remained highly selective. In empirical terms, however, we know very little about the actual extent of selectivity since, so far, the international community’s reaction to humanitarian crises has not (...) been systematically examined. This article addresses this gap by empirically examining the extent and the nature of the selectivity of humanitarian crises. To do so, the most severe humanitarian crises in the post-Cold War era are identified and examined for whether and how the international community responded. This study considers different modes of crisis response (ranging from inaction to military intervention) and different actors (including states, international institutions, and nonstate actors), yielding a more precise picture of the alleged “selectivity gap” and a number of theoretical implications for contemporary global security governance. (shrink)
The debate about experience-based or tacit knowledge has focused much attention on the limits to formalisation of work process knowledge. A main line of argument has been that, for example, industrial work even with highly advanced technical equipment can only be performed adequately when the worker through experience on the job has gained a feel for the functioning of the machinery and the properties and behaviour of the materials. In this debate links tend to be created between on the one (...) hand formalised-abstracted-verbal knowledge as opposed to on the other hand informalised-concrete-tacit knowledge. We have worked for some years with the design of training materials which at its core have video documentation of best practice as we have found it at work. In this paper we will present and discuss experience with design and use of a hypermedia type training material, SPRING to be used by new machine setters in the spring industry. Based on our own experience we will argue for the relevance of this type of training materials as a means of supporting reflection and dialogue in the community of practitioners. (shrink)
We prove that every first-order formula that is invariant under quasi-injective bisimulations is equivalent to a formula of the hybrid logic . Our proof uses a variation of the usual unravelling technique. We also briefly survey related results, and show in a standard way that it is undecidable whether a first-order formula is invariant under quasi-injective bisimulations.
This paper argues that Hitchcock's so-called 'Freudian' films (esp. Spellbound, Psycho, and Marnie) pay tribute to the cultural magnetism of Freud's ideas whist being critical of the tehories themselves.
While the concept of internationalization plays a key role in contemporary discussions on the activities and outcomes sought by universities, it is commonly argued that it is poorly understood or realised in practice. This has led some to argue that more work is needed to define the dimensions of the concept, or even to plot out stages of its achievement. This paper aims not to provide a definition of internationalisation for those working in higher education. On the contrary, it seeks (...) to open up discussion on internationalisation by considering Derrida's reflections on hospitality and the metaphysics of presence. In so doing, it will be shown that internationalisation is an ethical demand that is as much about being unsettled by thinking about ourselves and others, as it is about mobility programs and online education, and about being ‘late’ rather than surrendering to the space-time compression of modernity. (shrink)
This paper investigates relative constructions as in The gifted mathematician that you claim to be should be able to solve this equation, in which the head noun (gifted mathematician) is semantically dependent on an intensional operator in the relative clause (claim), even though it is not c-commanded by it. This is the kind of situation that has led, within models of linguistic description that assume a syntactic level of Logical Form, to analyses in which the head noun is interpreted within (...) the CP-internal gap by reconstruction or interpretation of a lower element of a chain. We offer a solution that views surface representation as the input to semantics. The apparent inverted scope effects are traced back to the interpretation of the head nominal gifted mathematician as applying to individual concepts, and of the relative clause that you claim to be as including an equational statement. According to this view, the complex DP in question refers to the individual concept that exists just in the worlds that are compatible with what is generally supposed to be the case, is a gifted mathematician in those worlds, and is identical to you in those worlds. Our solution is related to the nonreconstructionist analysis of binding of pronouns that do not stand in a c-command relationship to their binder, as in The woman that every man hugged was his mother in Jacobson (in: Harvey, Santelmann (eds.) Proceedings of Semantics and Linguistic Theory IV:161–178, 1994) and Sharvit (in: Galloway, Spence (eds.) Proceedings of Semantics and Linguistic Theory VI:227–244, 1996), and allows us to capture both similarities with and differences from the latter type of construction. We point out and offer explanations for a number of properties of such relative clauses—in particular their need for an internal intensional operator, their incompatibility with any determiner other than the definite article, and the fact that some of their properties are shared by demonstrably distinct kinds of relative clauses. (shrink)
This paper deals with the voice system of Indonesian, and argues that certain of the constructions traditionally analysed as passives, should be given a different treatment, parallel to arguments by Kroeger (1993) for Tagalog. We examine the role of different conceptions of subject and their place in binding. We show that, unlike other Western Austronesian languages, the logical subject – l-subject for short (i.e., the semantically most prominent argument) plays little role in binding: being a logicalsubject alone does not make (...) an argument a binder. Syntactic prominence is crucial, and in particular the data on binding in Indonesian presented here further confirms the notion of syntacticised argument structured (a-str) first proposed in Manning (1994, 1996b) and also adopted in Arka (1998) wherein a central role is given to the notion of a-subject. Like other Austronesian languages, the (surface) grammatical subject (i.e., the SUBJ in the f-structure or gr-subject for short) plays little role, especially in the binding of morphologically complex reflexives. The data from binding is supported by other syntactic tests such as topicalisation with pronominal copy. (shrink)
Paul Hirst's 'forms of knowledge' thesis has been the subject of much discussion and debate in educational circles. Hirst's claim that such forms exist is not original but, as R. S. Peters claimed, his account is distinctive in its application to the school curriculum. This paper calls for a revision of Peters's claim on the grounds that R. G. Collingwood's writings on the forms of experience not only refer to the school curriculum, but also point up an explicitly educational agenda.