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)

The production of scientific instruments in America was neither a postwar phenomenon nor dramatically different from that of several other developed countries. It did, however, undergo a step-change in direction, size and style during and after the war. The American scientific instrument industry after 1945 was intimately dependent on, and shaped by, prior American and European experience. This was true of the specific genres of instrument produced commercially; to links between industry and science; and, just as importantly, to manufacturing practices (...) and cultures. I will argue that, despite the new types of instrument commercialized after the war, this historical continuity of links with science and scientists guided and constrained the design and manufacture of these products. Nevertheless, new designers, manufacturers and customers gradually transformed the culture of scientific instruments in the second half of the century. -/- This chapter deals with a subset of the American instrument industry, namely the measuring and monitoring instruments manufactured for scientific use. Even with the specification of ‘scientific’ instruments, however, these borders are rather artificial and unclear: instrument making from the seventeenth through the twentieth century has generally involved the fabrication of both standard products and custom-made devices for scientific use.2 In this context of sales quantities, ‘scientific’ instruments have often been defined as low-volume, special-order or custom devices. In a similar vein, ‘scientific’ instruments were commonly distinguished from ‘production’ instruments by context of usage, namely their very absence from – and indeed irrelevance to – production environments. This demarcation according to customer and environment was mirrored in at least one furth er respect: the training of their users. The classification into ‘scientific’ and ‘engineering’ applications was as fluid as the relationship between American universities and technical industries themselves.Despite these complementary definitions, the notion of the ‘scientific instrument’ was beginning to prove inadequate even at the turn of the twentieth century, and dramatically so when discussing the post-Second World War period. Definitions altered qualitatively after the Second World War in at least three further ways: (a) new genres of device altered the scope of the scientific instrument; (b) the contribution of State and military sponsorship of new forms of instrument became significant; and, (c) the postwar demand for specialist instruments increased rapidly, owing to wartime innovation, new applications and new customers. I will explore the evolution of instrument manufacturing in this changing context of new technology, funding, development and markets. (shrink)

In De Anima II.6, Aristotle divides the objects of perception into three kinds: “special perceptibles" (idia aisthêta) such as colours, sounds and flavours, which can be perceived in their own right by only one sense; “common perceptibles" (koina aisthêta) such as shapes, sizes and movements, which can be perceived in their own right by multiple senses; and “incidental perceptibles,” such as the son of Diares, which can be perceived only “incidentally” (kata sumbebêkos). In this paper, I examine this division of (...) perceptibles and consider what it amounts to. First, I argue that Aristotle’s distinction between perceiving something in its own right (kath' hauto) and perceiving it incidentally marks a causal distinction: what is perceived in its own right causes perception as such, whereas what is perceived incidentally coincides with what is perceived in its own right. Second, I argue that for Aristotle special perceptibles, unlike common perceptibles, belong to homogeneous bodies on account of their chemical composition. Finally, I explain the primacy Aristotle assigns to special perceptibles and his claim that perception of them alone is free from error. I conclude with some brief remarks on Aristotle and the primary/secondary quality distinction. (shrink)

Just how ordinary was everyday life during normalization in Czechoslovakia? In their discussions of the lives of “ordinary people,” historians have underplayed the fear and secrecy present in the daily experiences of Czechs and Slovaks in the late communist period. In linking writings by dissidents to Czech and Slovak oral histories in the collections of the National Czech & Slovak Museum & Library, I seek to problematize the dissident/ordinary person dichotomy used in recent historiography, and argue that the chasm between (...) these two apparently opposite groups has been exaggerated. Through an analysis of the themes of family, education and mobility, I will show that domestic life was not an escape from politics, but was in itself politicized. From audiovisual interviews, I will glean normalization-era memories of the need for what Václav Havel called “silence” and “mystification”-in the classroom, in the pub and in the home. (shrink)

The teaching of ethics in UK medical schools has recently been reviewed, from the perspective of the teachers themselves. A questionnaire survey of medical undergraduates at King’s College London School of Medicine provides useful insight into the students’ perception of ethics education, what they consider to be the value of learning ethics and law, and how engaged they feel with the subject.

The Mental Capacity Act received Royal Assent on 7 April 2005, and it will be implemented in 2007. The Act defines when someone lacks capacity and it supports people with limited decision-making ability to make as many decisions as possible for themselves. The Act lays down rules for substitute decision making. Someone taking decisions on behalf of the person lacking capacity must act in the best interests of the person concerned and choose the options least restrictive of his or her (...) rights and freedoms. Decision making will be allowed without any formal procedure unless specific provisions apply, such as a written advance decision, lasting powers of attorney or a decision by the court of protection. (shrink)

The idea of the inner is central to our conception of a person and is at the heart of all interaction. But how should we understand this concept, and what do we mean when we wonder what is going on inside our heads? This accessible and non-technical guide to Wittgenstein provides insight into his work in this area and on the problem of the inner. Using Wittgenstein's recently published writings on the philosophy of psychology, together with unpublished material, Paul (...) class='Hi'>Johnston presents a thorough account of a subject that was central to Wittgenstein's later work. He shows that Wittgenstein's arguments involve a radical re-thinking of our understanding of the inner and present a challenge to contemporary views which has yet to be fully appreciated or understood. Wittgenstein demonstrates how a Wittgensteinian approach can dissolve age-old problems about the nature of consciousness and the relationship between the mind, the body, and the soul. The resulting picture of the inner, with its stress on the crucial role of language, sheds light on the direction of Wittgenstein's work and presents a stimulating and controversial alternative to more fashionable positions on the subject. (shrink)

This expanded second edition carries forward the initial insights into the biological and existential significances of animation by taking contemporary research findings in cognitive science and philosophy and in neuroscience into critical and constructive account. It first takes affectivity as its focal point, elucidating it within both an enactive and qualitative affective-kinetic dynamic. It follows through with a thoroughgoing interdisciplinary inquiry into movement from three perspectives: mind, brain, and the conceptually reciprocal realities of receptivity and responsivity as set forth in (...) phenomenology and evolutionary biology, respectively. It ends with a substantive afterword on kinesthesia, pointing up the incontrovertible significance of the faculty to cognition and affectivity. Series A. (shrink)

Maude's excellent translation of Tolstoy's treatise on the emotionalist theory of art was the first unexpurgated version of the work to appear in any language. More than ninety years later this work remains, as Vincent Tomas observed, "one of the most rigorous attacks on formalism and on the doctrine of art for art's sake ever written". Tomas' Introduction makes this the edition of choice for students of aesthetics and anyone with philosophical interests.

Born of a terrible insomnia—"a dizzying lucidity which would turn even paradise into hell"—this book presents the youthful Cioran, a self-described "Nietzsche still complete with his Zarathustra, his poses, his mystical clown's tricks, a whole circus of the heights." _On the Heights of Despair_ shows Cioran's first grappling with themes he would return to in his mature works: despair and decay, absurdity and alienation, futility and the irrationality of existence. It also presents Cioran as a connoisseur of apocalypse, a theoretician (...) of despair, for whom writing and philosophy both share the "lyrical virtues" that alone lead to a metaphysical revelation. "No modern writer twists the knife with Cioran's dexterity.... His writing... is informed with the bitterness of genuine compassion."—Bill Marx, _Boston Phoenix _"The dark, existential despair of Romanian philosopher Cioran's short meditations is paradoxically bracing and life-affirming.... Puts him in the company of Nietzsche and Kierkegaard."—_Publishers Weekly,_ starred review "This is self-pity as epigram, the sort of dyspeptic pronouncement that gets most people kicked out of bed but that has kept Mr. Cioran going for the rest of his life."—Judith Shulevitz, _New York Times Book __Review_. (shrink)

Born of a terrible insomnia—"a dizzying lucidity which would turn even paradise into hell"—this book presents the youthful Cioran, a self-described "Nietzsche still complete with his Zarathustra, his poses, his mystical clown's tricks, a whole circus of the heights." _On the Heights of Despair_ shows Cioran's first grappling with themes he would return to in his mature works: despair and decay, absurdity and alienation, futility and the irrationality of existence. It also presents Cioran as a connoisseur of apocalypse, a theoretician (...) of despair, for whom writing and philosophy both share the "lyrical virtues" that alone lead to a metaphysical revelation. "No modern writer twists the knife with Cioran's dexterity.... His writing... is informed with the bitterness of genuine compassion."—Bill Marx, _Boston Phoenix _"The dark, existential despair of Romanian philosopher Cioran's short meditations is paradoxically bracing and life-affirming.... Puts him in the company of Nietzsche and Kierkegaard."—_Publishers Weekly,_ starred review "This is self-pity as epigram, the sort of dyspeptic pronouncement that gets most people kicked out of bed but that has kept Mr. Cioran going for the rest of his life."—Judith Shulevitz, _New York Times Book __Review_. (shrink)

By the mid-1930s, Emil Cioran was already known as a leader of a new generation of politically committed Romanian intellectuals. Researching another, more radical book, Cioran was spending hours in a library poring over the lives of saints. As a modern hagiographer, Cioran "dreamt" himself "the chronicler of these saints' falls between heaven and earth, the intimate knower of the ardors in their hearts, the historian of God's insomniacs." Inspired by Nietzsche's _Beyond Good and Evil_, Cioran "searched for the origin (...) of tears." He asked himself if saints could be "the sources of tears' better light." "Who can tell?" he wrote in the first paragraph of this book, first published in Romania in 1937. "To be sure, tears are their trace. Tears did not enter the world through the saints; but without them we would never have known that we cry because we long for a lost paradise." By following in their traces, "wetting the soles of one's feet in their tears," Cioran hoped to understand how a human being can renounce being human. Written in Cioran's characteristic aphoristic style, this flamboyant, bold, and provocative book is one of his most important—and revelatory—works. Cioran focuses not on martyrs or heroes but on the mystics—primarily female—famous for their keening spirituality and intimate knowledge of God. Their Christianity was anti-theological, anti-institutional, and based solely on intuition and sentiment. Many, such as Catherine of Siena, Teresa of Avila, and Saint John of the Cross, have produced classic works of mystical literature; but Cioran celebrates many more minor and unusual figures as well. Following Nietzsche, he focuses explicitly on the political element hidden in saints' lives. In his hands, however, their charitable deeds are much less interesting than their thirst for pain and their equally powerful capacity to endure it. Behind their suffering and their uncanny ability to renounce everything through ascetic practices, Cioran detects a fanatical will to power. "Like Nietzsche, Cioran is an important religious thinker. His book intertwines God and music with passion and tears.... [_Tears and Saints_] has a chillingly contemporary ring that makes this translation important here and now."—_Booklist_. (shrink)

By the mid-1930s, Emil Cioran was already known as a leader of a new generation of politically committed Romanian intellectuals. Researching another, more radical book, Cioran was spending hours in a library poring over the lives of saints. As a modern hagiographer, Cioran "dreamt" himself "the chronicler of these saints' falls between heaven and earth, the intimate knower of the ardors in their hearts, the historian of God's insomniacs." Inspired by Nietzsche's _Beyond Good and Evil_, Cioran "searched for the origin (...) of tears." He asked himself if saints could be "the sources of tears' better light." "Who can tell?" he wrote in the first paragraph of this book, first published in Romania in 1937. "To be sure, tears are their trace. Tears did not enter the world through the saints; but without them we would never have known that we cry because we long for a lost paradise." By following in their traces, "wetting the soles of one's feet in their tears," Cioran hoped to understand how a human being can renounce being human. Written in Cioran's characteristic aphoristic style, this flamboyant, bold, and provocative book is one of his most important—and revelatory—works. Cioran focuses not on martyrs or heroes but on the mystics—primarily female—famous for their keening spirituality and intimate knowledge of God. Their Christianity was anti-theological, anti-institutional, and based solely on intuition and sentiment. Many, such as Catherine of Siena, Teresa of Avila, and Saint John of the Cross, have produced classic works of mystical literature; but Cioran celebrates many more minor and unusual figures as well. Following Nietzsche, he focuses explicitly on the political element hidden in saints' lives. In his hands, however, their charitable deeds are much less interesting than their thirst for pain and their equally powerful capacity to endure it. Behind their suffering and their uncanny ability to renounce everything through ascetic practices, Cioran detects a fanatical will to power. "Like Nietzsche, Cioran is an important religious thinker. His book intertwines God and music with passion and tears.... [_Tears and Saints_] has a chillingly contemporary ring that makes this translation important here and now."—_Booklist_. (shrink)

Aristotle is history’s most famous and influential proponent of the view that there are exactly five senses. But was he entitled to hold this view, given his other commitments? In particular, was he entitled to treat touch as a single sense, given the diversity of its correlated objects? In this paper I argue that Aristotle wished to individuate touch on the basis of its correlated objects, just as he had the other four senses. I also argue, contrary to what is (...) often supposed, that he was well-placed to do so, given his other commitments and views. (shrink)

In Republic 8–9, Socrates describes four main kinds of vicious people, all of whose souls are “ruled” by an element other than reason, and in some of whom reason is said to be “enslaved.” What role does reason play in such souls? In this paper, I argue, based on Republic 8–9 and related passages, and in contrast to some common alternative views, that for Plato the “enslavement” of reason consists in this: instead of determining for itself what is good, reason (...) is forced to desire and pursue as good a goal determined by the soul’s ruler. (shrink)

This article notes the significance of the contribution that literary researchers - who must see themselves as `researchers-as-artists' - make in the area of policy and politics. The `researcher-as-artist' chooses words aesthetically to tell stories that construct new stages for debate and discussion, and that inspire governments and policy-makers, They push intellectual boundaries; they challenge; they stimulate and confer visibility on creative ideas; they provoke - artistically, educationally and morally; and make connections. They encourage new ways of looking and seeing. (...) Thus, for example, they can contribute to discussions of soap operas and connect them to folk-tales - tales of the folk, endlessly repeated variations on common themes. Using a literary optic in this way demonstrates not only the evolutionary powers of literature, but the vital role of literary researchers and of the stories they tell. (shrink)

This ancient text represents one of yoga's most influential and important works. Dating back to India of the second century B.C., the yoga sutras constitute a complete manual for the study and practice of the philosophical system. The sutras, or threads, are aphorisms of wisdom that offer guidelines to living a meaningful and purposeful life. This volume explains the eight limbs of the discipline: restraint, observances, posture, breath control, withdrawal from the senses, attention, meditation, and stillness. Little is known about (...) the life of Patanjali beyond the assumption that he was a contemporary of the Buddha. Charles Johnston, an immensely learned scholar of Eastern traditions, offers modern readers a straightforward translation of Patanjali's writings. This easy-to-follow interpretation will prove a rewarding companion to yoga students, participants in teacher-training programs, and students of Eastern philosophy. (shrink)

Three methodologically distinctive empirical studies of the emotions carry forward Darwin's work on the emotions, vindicate Sperry's finding that the brain is an organ of and for movement, and implicitly affirm that affectivity is tied to the tactile-kinesthetic body. A phenomenological analysis of movement deepens these empirical findings by showing how the dynamic character of movement gives rise to kinetic qualia. Analysis of the qualitative structure of movement shows in turn how motion and emotion are dynamically congruent. Three experiences of (...) fear are presented--phenomenological, ethological, and literary--to demonstrate the dynamic congruency. Five implications follow from the analysis, including the implications that movement is not equivalent to behavior, experience is not physiological activity, and a brain is not a body. (shrink)

This book argues the case for a foundationalist ethics centrally based on an empirical understanding of human nature. For Maxine Sheets-Johnstone, “an ethics formulated on the foundations of anything other than human nature, hence on anything other than an identification of pan-cultural human realities, lacks solid empirical moorings. It easily loses itself in isolated hypotheticals, reductionist scenarios, or theoretical abstractions—in the prisoner’s dilemma, selfish genes, dedicated brain modules, evolutionary altruism, or psychological egoism, for example—or it easily becomes itself an ethical (...) system over and above the ethics it formulates,” such as the deontological ethics of Kantian categorical imperatives, the utilitarianism of Bentham and Mill, or the ethics of care. Taking her cue from Hume, especially his _Treatise on Human Nature_, where he grounds “the moral sense” in human nature seen as always in tension between the natural tendencies of selfish acquisitiveness and sympathy for others, Sheets-Johnstone pursues her phenomenological investigation of the natural basis of human morality by directing her attention, first in Part I, to what is traditionally considered the dark side of human nature, and then, in Part II, to the positive side. The tension between the two calls for an interdisciplinary therapeutic resolution, which she offers in the Epilogue by arguing for the value of a moral education that enlightens humans about their own human nature, highlighting both the socialization of fear and the importance of play and creativity. (shrink)