Most academic papers on ethics in pandemics concentrate on the duties of healthcare professionals. This paper will consider non-professional healthcare workers: do they have a moral obligation to work during an influenza pandemic? If so, is this an obligation that outweighs others they might have, e.g., as parents, and should such an obligation be backed up by the coercive power of law? This paper considers whether non-professional healthcare workers—porters, domestic service workers, catering staff, clerks, IT support workers, etc.—have an obligation (...) to work during an influenza pandemic. It uses data collected as part of a study looking at the attitudes of healthcare workers to working during a pandemic to suggest the philosophical arguments explored. These include: being in a position to do good, the ethics of work, competing obligations to family members and in particular to children and the obligations of citizens in a state of national emergency. We also look at whether compulsory measures are justified to support a national health service during a health emergency. We conclude that even if they are, compulsion should not be restricted to non-professionals who happen to be working in the health service at the time. Rather, compulsion involving a larger pool of people with the relevant skills and abilities is more equitable. (shrink)

This book adds to the theoretical development of the emerging fields of experiential learning and outdoor education by examining the central concept, 'experience', and interrogating a central claim of experiential learning: whether, and if so how, a short-term singular experience can transform a participant's life as a whole and in a permanent way. While such a possibility has been corroborated by the personal testimonies of participants, and the activities of instructors over many years, the book argues that we must go (...) beyond this kind of 'evidence'. In comparing Anglophone and continental approaches and drawing on the work of Dewey, Dilthey and Merleau-Ponty in the philosophy of experience, Experiential Learning and Outdoor Education presents the first detailed review of the concept of 'experience' in European philosophy, as applied to outdoor experiential learning. A vital insight into the field, this is important reading for students and researchers working in the philosophy of sport, and pedagogical theory, especially in areas relating to the outdoors, but also to experiential education more generally."--Provided by publisher. (shrink)

This book provides an inter-disciplinary examination of the relationship between sport, spirituality and religion.

Recession of the galaxies indicates a repulsive force and suggests that Newton's formulation of gravitation is not complete. A possible modification is proposed, and this Neo-Newtonian equation allows a quantitative treatment of Mach's principle. It also limits the velocity of matter to c and gives a correct prediction for the perihelion of Mercury.

The issues surrounding ethical controversies in sport have filled the media recently. This book of invited original essays by mainstream philosophers as well as philosophers of sport will provide the reader with a discussion in ethics and sport based on a sound philosophical footing. It will be accessible to a wide range of teachers and students in the field of sport and leisure studies. Contributions from international, highly regarded experts in the fIeld provide the reader with systematic treatment of the (...) ethics of sport from a diverse perspective. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

A position joining critical theory with the Marxist critique of imperialism informs the following discussion on the perceived shortcomings of Chibber’s study in its avowed claim to disavow postcolonial theory. Chibber’s insistence on reading Subaltern Studiesaspostcolonial theory is unsustainable in that it fails to address the epistemological premises of a theory adopted and not initiated by the project. Whereas Chibber does ably contest assertions made by Subaltern Studies concerning the special conditions of India halting capitalism’s universalising drive, his concentrated but (...) narrowly-focused and repetitive criticism disregards prior work contiguous to his own specialism as well as disciplines other than the social sciences. Thus the explanatory power of Uneven and Combined Development in understanding the internal conditions of societies conscripted into capitalism is cast aside, as are the resources of Marxist cultural criticism in writing a metanarrative of these consequences inallof their aspects: economic, social, cultural and experiential – omissions that paradoxically are to the fore in postcolonial theory. (shrink)

The persistence of multiple educational pathways into the nursing profession continues to occupy scholars internationally. In the Netherlands, various groups within the Dutch healthcare sector have tried to differentiate nursing practice on the basis of educational backgrounds for over 50 years. Proponents argue that such reforms are needed to retain bachelor‐trained nurses, improve quality of care and strengthen nurses' position in the sector. Opponents have actively resisted reforms because they would mainly benefit bachelor‐trained nurses and neglect practical experience and technical (...) skills. This historical case study aims to provide insight in this apparent stalemate. Our analysis of this debate is informed by literature on institutional work and current debates within the historiography of nursing. This study contributes to a better understanding of this contemporary debate by examining a broader timeframe than is usually studied, and by highlighting nurses' roles in complex processes of change. We argue that, rather than being stuck in their professional development, different groups of nurses have forged their own path forward in their professional development, albeit via different strategies. (shrink)

We will investigate the relation between the notion of the craft of ruling in the "Euthydemus" and in the "Republic". In the "Euthydemus", Socrates' search for an account of wisdom leads to his identifying it as the craft of ruling in the city. In the "Republic", the craft of ruling in the city is the virtue of wisdom in the city and the analogue of wisdom in the soul. Still, the craft of ruling leads to aporia in the former dialogue (...) while in the latter it is a central feature of Socrates' account of justice -- both in the city and in the soul. Some commentators hold that the aporia at the end of the second protreptic interlude of the "Euthydemus" shows that Socrates' account of wisdom is fatally flawed and must be rejected. However, the difficulty for this position is that the craft of ruling from the "Euthydemus" is a hardy notion that plays an extremely important role in the "Republic". Indeed, reflecting this fact, other commentators hold that the aporia is solved in the "Republic". Still, what is so far missing is an analysis that clearly shows the way to this solution in the "Republic". In what follows, we will analyze the two protreptic inter-ludes in the "Euthydemus" in order to see how the aporia arises. As we shall see, Socrates presents the aporia as a labyrinth. Indeed, it is a labyrinth with a little noticed step that -- once it is noticed -- shows the way out. The result will be that the aporia of the "Euthydemus" points to a solution in which ruling in the soul implies a command of one's appetites and emotions. (shrink)

This is a book symposium on Kevin Krein’s Philosophy and Nature Sports. Gunnar Breivik, Jim Parry and Irena Martínková, and Rebekah Humphreys provide critical commentary on the text. The critical comments are followed by a response from Krein. The discussion covers a broad range of topics. These include the definition of “sport,” comparisons between nature sports and friluftsliv, the role of risk in nature sports, the experience of flow and the sublime in nature sports, and the understanding of nature. (...) Krein argues, as he does in the book and elsewhere, that nature sports provide a framework that facilitates intimate and meaningful interactions with nature. He argues further that the discussion included here shows how deeply our understanding of nature, and our understanding of nature sports, influence both our experiences within those sports and our broader experience of the world. (shrink)

This paper side-steps the question of whether ‘the’ concept of sport exists, or can be usefully analysed. Instead, I try to explain the much more modest aim of exhibition-analysis, which is to seek a description of an actually existing example of some concept of sport internal to a normative position. My example is that of Olympic-sport. I try to set out its logically necessary conditions, which of course are conditioned by its context within a theory that emphasises the values of (...) formal competition, citius-altius-fortius, and excellence in contest, as well as rule-based procedural values related to fairness, justice and equality. In so doing, I readily accept that other kinds of sport can be similarly analysed, and I do not press the value claims of Olympic-sport. Instead, I try to show how Olympic-sport, properly construed, can accommodate the concerns of my critics with regard to sport’s play and game-like characteristics. (shrink)

Every reader of Hegel's "Phenomenology of Spirit" has puzzled over the references to the -we- and the related notion of the -for us- which occur throughout the text. Hegel claims that this -we- contributes a -way of looking at the matter- which serves as the means whereby the succession of experiences through which consciousness passes is raised to a scientific progression. "Hegel's Phenomenology of the -We-" is the first book-length study of the role of the -we- in Hegel's "Phenomenology." It (...) provides a comprehensive yet detailed analysis of the -we's- role in the text and contains a useful appendix documenting the occurrences of the -we- in the text.". (shrink)

Technologies for enhancement of the human body historically have taken the form of an apparatus: a technological device inserted in, or appended to, the human body. The margins of these devices were clearly discernible and materially circumscribed, allowing the distinction between the corporeality of the human body and the “machine” to remain both ontologically and materially secure. This dualism has performed some important work for human rights theorists, regulators, and policy makers, enabling each to imagine they can establish where the (...) human ends and the other begins. New regenerative products such as Infuse™ and Amplify™ subsist, as animal-derived scaffolds seeded with growth hormone implanted within a prosthetic device. They are much more materially complex, and their identities thus remain open to contestation. Following Lochlann Jain’s 2006 work, I thus attend closely to their social lives, particularly the stories that are told about them and how these are employed to construct understandings of what kind of a phenomenon they are: systemic drug, biologic, or combinatorial medical device. The significance of this classificatory project is revealed in the final section of this paper, which explores how these stories shape understandings of “product failure,” liability, and causation when such products overflow their material and ontological categorization and their recipients become disturbingly “more than human.”. (shrink)

This book traces the development of Plato's analogy between craft and virtue from Euthydemus and Gorgias through the central books of the Republic. It shows that Plato's middle dialogues develop and extend, rather than reject, philosophical positions taken in the early dialogues.

One of the first envatted brains, the most cyborgian element of J. D. Bernal’s 1929 futuristic manifesto, The world, the flesh and the the devil, proposed a technological solution to the dreary certainty of mortality. In Bernal’s scenario the brain is maintained in an ‘out of body’ but ‘like-body’ environment—in a bath of cerebral–spinal fluid held at constant body temperature. In reality, acquiring prospective immortality requires access to very different technologies—those that allow human organs and tissues to be preserved in (...) a quite ‘inhuman’ life-world—the cryogenic storage chamber. Like Bernal, today’s cryonicists consider that immortality can be secured through preservation of the brain alone. In this article I trace attempts to preserve or suspend life, and especially brain function, through the application of new ‘technologies of immortality’. Drawing together historical information on the development of refrigeration, cryopreservation, transplantation, and nanotechnologies, I explore the uneasy relationship between cryonics and the technology on which it depends for its success—cryogenics. In so doing, I argue that the ability to successfully realize the science fiction fantasy of human immortality will rest on a moral and scientific parasitism: the capacity to use the biotechnological artifacts or proxies—cryogenically preserved brains, archived brains, tissues, and immortalized cell lines—derived from the dead, in order to prolong life. (shrink)

This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that Quong’s view generates (...) counter-intuitive results. Second, I argue that cases of harmful omissions raise problems for Quong’s claim that intentions are irrelevant to permissibility. Third, I consider Quong’s extension of the means principle to include uses of persons’ rightfully-owned property. I suggest that, contra Quong, the morality of defensive harm is not based on a prior account of distributive justice. Instead the two normative domains mutually inform one another. (shrink)

Despite reservations over the status of esports as sports, the International Olympic Committee (IOC) has, for policy reasons, encouraged International Federations to pursue links with providers of ‘virtual and simulated’ sports, in part by the introduction of an event, the Olympic Virtual Series, first held in 2021. In providing an account of ‘virtuality’ and ‘simulation’, we query the theoretical basis of the Olympic Virtual Series. In particular, we query the IOC’s use of the term ‘virtual’ in the description of two (...) very different activities: what it calls ‘physical virtual sports’ (which we argue are simply Olympic-type sports – real sports! – and should just be called ‘sports’) and ‘non-physical virtual sports’ (which we argue are not sports at all, and should be recognized for what they are – computer games). (shrink)

This paper defends philosophical phenomenology against a hostile review in the previous issue of this journal. It tries to explain what philosophical phenomenology is, and the possibilities for its empirical application; whilst also showing that Eichberg’s method is idiosyncratic, problematic and not interested in philosophical phenomenology at all. It presents the phenomenological concept of phenomenon, which is neither concrete nor abstract, and contrasts it to Eichberg’s understanding of empirical concrete phenomena. Finally, the paper scrutinises Eichberg’s empirical method, which has deep (...) problems of its own, and in any case, finds unsuitable its characterisation as ‘phenomenology’. (shrink)

Empathy is an important way for doctors to demonstrate their understanding of patients’ subjective experiences. This research considers the role of empathy in 37 doctor–patient palliative or end-of-life care consultations recorded in a hospice. Specifically, it focuses on four contexts in which there is a disparity between patients’ displayed experience of their illness and the doctor’s biomedical, expertise-driven perspective on their illness. These include cases in which the patient is sceptical of the medical perspective, cases in which the patient’s expectations (...) exceed what can realistically be provided and cases in which patients have an overly pessimistic view of their condition. The analysis shows how doctors can use empathic statements to display that they are attentive to the patient’s subjective experience even when the task at hand is, ostensibly, an expertise-driven, biomedical one. It thus demonstrates that empathy is of importance throughout palliative care consultations, even in those phases which might seem biomedical or task-driven. (shrink)

c.4,000 word critical discussion of Fabre's book. Provides an overview of the book plus comments on the themes of (i) loyalty and treason and (ii) the ethics of spying and sex.

The recent alleged doping case of the figure skater Kamila Valieva at the Winter Olympic Games in Beijing 2022 dramatically raised the issue of the protection of minors in anti-doping policy. We firstly present the literature on doping in relation to minors. Secondly, we present WADA’s Protected Person (PP) concept and its implications. Thirdly, we analyse the WADA Code’s purpose and the vulnerability of minors under the Code, and fourthly, we identify the real threats from which minors should be protected (...) by analysing the ineffective PP concept, and showing how it cannot be a real protection. We explain how preventing one threat can generate another, thus converting minor athletes from victims into suspects. We conclude by stressing the necessity for further research, and we indicate our future research direction, towards the development of a much wider concept of protection, and its application into sporting contexts. (shrink)

Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s argument (...) fails to vindicate the law’s authority over all combatants. (shrink)

This volume is a sequel to the author's earlier work on the development of European theories of sovereignity and constitutionalism. Professor Franklin here explains a major innovation associated with the English Civil Wars. It was only now, he shows, that there finally emerged a theory of sovereignity and resistance that was fully compatible with a mixed constitution. The new conception of resistance in a mixed constitution was to enter the main tradition via Locke, who stood alone among major writers of (...) the 1680s in holding that the effect of tyranny by any constituted power, even by the King alone, was entire dissolution of the government and the reversion of power to the general community. When this familiar position is read against the background of preceding constitutionalist theory, the Second Treatise reveals a new dimension of novelty and historical significance. (shrink)

Drawing on insights from conversation analysis, discursive psychology and social psychology, this article describes some interactional features of two celebrity TV confessionals and the resources used by the TV interviewers and celebrity guests to attribute, accept or deny responsibility for their transgressions. The analytic interest lies in how confessions are locally and interactionally managed, that is, how ‘doing confessing’ is achieved in the television interview context. We show how the host’s opening turn constrains the celebrity guest’s contribution and secures overt (...) admission of guilt, while simultaneously inviting the celebrity guest to tell their side of the story. We also show how celebrity guests produce descriptions which minimize the extent and severity of their transgressions, reduce agency and transform the character of their transgression. In doing so, we argue that celebrity interviewees can convey mitigations and extenuations which diminish the extent of their responsibility – calling into question the very nature of their confession. We propose that our findings demonstrate the hybrid nature of interviewing in the celebrity TV confessional and contribute to our understanding of how ‘doing confessing’ in the public eye is discursively and interactionally negotiated. (shrink)

In the literature related to the study of sport, the idea of phenomenology appears with various meanings. The aim of this paper is to sketch the nature, methods and central concepts of phenomenology, and thereby to distinguish philosophical phenomenology from its empirical applications. We shall begin by providing an overview of what we think phenomenology is and is not, by introducing the following points: we distinguish phenomenology from phenomenalism; the ontological from the ontic; transcendental subjectivity from subjectivity; phenomenology from phenomenography; (...) and phenomenology from other kinds of empirical qualitative methodology. Next, we examine the two most important British studies to include overviews of phenomenological work in relation to sociology of sport. We then take a critical view of the work of one research paper that gives a particularly clear description of the method of ?empirical phenomenology?. Throughout, we insist on the simple basics: that phenomenology is not simply the study of empirical phenomena, is not a form of subjectivism, is not about someone's personal experience or personal perspective, and that it is not to be confused with ?qualitative research methods?. We further insist that, if a researcher wishes to use the name ?phenomenology? for his or her research, he or she should explain just what it is (about the method or the concepts, or the outcomes) that informs or results from the research programme, in order to justify the name. (shrink)

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (shrink)

A review of Patrick O’Connor’s Cormac McCarthy, Philosophy and the Physics of the Damned. O’Connor argues that McCarthy is a literary philosopher of tragic ontology. While acknowledging that tragic ontology is a powerful lens for analyzing McCarthy, whose characters are unwitting heirs of generations of human and a-human forces, the review also points to the problems with reading McCarthy as a philosopher of mitigated salvation or redemption, proposing that he is better understood as a pessimist who reveals the lie of (...) progress. (shrink)

This article reconsiders the presence and value of danger in outdoor and adventurous activities and sports in safety-conscious societies, especially in relation to the education of children and youth. Based on an original analysis of the relation between the concepts of ‘risk’ and ‘danger’, we offer an account of the relation between challenge, adventure, risk and danger, and emphasise the importance of teaching risk recognition, risk assessment, risk management and risk avoidance to children and youth, without the necessity of exposing (...) them to jeopardy in dangerous situations. Our conclusion is that ‘Safe Danger’ describes what educators should seek, namely: the educational benefits of the challenges set by risk-taking and the demands of risk-facing, including those in adventurous situations, which are obtainable in the absence of significant danger, and which contribute to risk education. The educational value of adventurous and outdoor pursuits lies elsewhere than in the opportunities that they present for danger-facing, for example in their promotion of self-reliance, confidence, ability to team-work, and especially in their promotion of risk education, as an integral aspect of everyday life planning, as preparation for the day’s adventurous challenges, and as an instrument of task completion. (shrink)

In the contemporary postmodern era, the boundaries that once rigidly separated well-established genres have become more fluid, resulting in what scholars Raffaella Baccolini and Tom Moylan call ‘genre-blurring’. This phenomenon of incorporating elements from diverse genres represents a challenge to dominant ideologies and expands the possibilities within fictional texts. The dystopian fiction written by feminist writers towards the end of the twentieth century and beyond significantly exemplifies this form of hybrid textuality. In doing so, these writers seek to renovate the (...) dystopian genre by making it both formally and politically oppositional. This article aims to explore Midnight Robber (2000), a feminist dystopian novel by Nalo Hopkinson, a Jamaican–Canadian writer, to illustrate how the author manipulates the generic boundaries of science fiction, fantasy and mythology. By amalgamating Afro-Caribbean religious and cultural beliefs, mythical creatures and traditional knowledge systems with a technologically advanced future world, Hopkinson challenges the essentially White, Eurocentric model of dystopian fiction. The article will also examine how, as an Afrofuturist writer, Hopkinson attempts to challenge and subvert the patriarchal discourse of dystopian fiction, traditionally dominated by White male writers, through a strong Black female character, Tan-Tan, who seeks to resist the patriarchal structures governing her, and finally succeeds in emerging as a female leader figure. For this purpose, Barbara Creed’s insights into the monstrous-feminine are explored, introducing novelty into the discourse of feminist dystopia. (shrink)

What is, or what should be, the function of sport in a globalized, commercialized world? Why does sport matter in the 21st century? In Ethics and Governance in Sport: the future of sport imagined, an ensemble of leading international experts from across the fields of sport management and ethics calls for a new model of sport that goes beyond the traditional view that sport automatically encourages positive physical, psychological, social, moral and political values. Acknowledging that sport is beset by poor (...) practice, corruption, and harmful behaviors, it explores current issues in sport ethics, governance and development, considering how good governance and the positive potentials of sport can be implemented in a globalized sporting landscape. Ethics and Governance in Sport suggests a future model of sport governance based on well substantiated projections, and argues that identifying the root causes of harmful behavior, those things that are characteristic of sport, and engaging sport managers, policy makers and leaders of sport organizations, is essential if sport is to thrive. The book's interdisciplinary examination of sport, encompassing philosophy, sociology, economics, management and sport development, and its forward-looking approach makes it important reading for advanced students, researchers and policy makers with an interest in the place and development of modern sport. Its clear messages invite self-reflection and discussion, especially within sports organizations. (shrink)

Whilst hermeneutics had been traditionally associated with the interpretation of texts, Martin Heidegger gave it a new meaning, associating it with the interpretation of the existence of Dasein. This paper will explain the Heideggerian understanding of hermeneutics, based on the early work of Heidegger which focuses on the analysis of the being of Dasein. His main contribution was a shift of focus from the interpretation of an unknown object to the interpretation of the human being, which Heidegger sees as primary, (...) since it is on the basis of Dasein’s understanding that other things and beings are interpreted. Firstly, the paper discusses hermeneutics in relation to human being, with a brief introduction to the main characteristics of Dasein, showing the place of hermeneutics within Dasein’s existence, together with Heidegger’s re-interpretation of the hermeneutic circle. Secondly, this understanding is applied to sport, focusing on the experience of athletes and on the possibilities for interpretations towards authentic existence, including its ethical aspect. (shrink)

Donald Davidson’s causal theory of action greatly influenced a dominant analytic interpretation of the argument, in Republic 4, for parts of the soul. According to Davidson, actions are caused by a combination of belief and desire (pro-attitude). In the interpretation inspired by this account, parts of the soul have distinctive beliefs and desires, which cause action; thus, parts are distinct agents. As well, the argument in Republic 4 is taken to show that, while reason desires the good, appetite is a (...) desire which is good-independent. Then, since appetite is not a desire for the good, its being a distinct agent implies the possibility of akrasia—appetite could overcome reason’s judgment about the better course of action. In fact, the possibility of akratic conflict is taken to be integral to the distinction among parts. By contrast, this paper offers an interpretation which shows that the causal theory is not needed to establish the parts of the soul. As a consequence, akrasia has no role to play in distinguishing parts of the soul. (shrink)

Despite the fact that six years have passed since 9/11, the Pentagon's recent decision to try six Guantanamo detainees for capital crimes such as terrorism and support of terrorism made national headlines. William Glaberson, "U.S. Charges 6 With Key Roles in 9/11 Attacks", N.Y. Times, Feb. 11, 2008, at A1. In this Debate, Professors Amos N. Guiora, of the University of Utah, and John T. Parry, of Lewis & Clark Law School, attempt to settle the question of what sort (...) of forum is most appropriate to try the thousands of individuals in U.S. custody who are suspected of terrorism. Professor Guiora considers three forum options: treaty-based international terror courts, traditional Article III courts, and a hybrid option he calls domestic terror courts. Ultimately, Professor Guiora argues in favor of domestic terror courts, which he describes as being able to balance the legitimate rights of the individual with the equally legitimate national security rights of the state. He considers this option to be the most practical and expedient policy solution, necessitated by an untenable tension between the understanding that some of the detainees present a genuine threat to American national security, and an awareness that indefinite detention violates constitutional principles and fundamental concepts of morality. Professor Parry agrees that current U.S. policy toward detainees has been misguided, but does not believe that innovations of the sort proposed by Professor Guiora are necessary. Rather, he suggests that policymakers should choose Article III courts rather than hybrid courts for trials of suspected terrorists, with military courts as a fallback option. Professor Parry points to research that shows that the federal government is often able to prosecute suspected terrorists in federal court, and therefore considers alternative proposals to Article III courts to be solution[s] in search of a problem. Professor Parry realizes that trial in federal court will not be possible for every suspected terrorist, and concludes that, [f]or people who pose a risk but whose conduct may not violate federal criminal law, prolonged preventive detention is the best choice. (shrink)