This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal (...) systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions? (shrink)

This article advances a censure-based case against sentences of life imprisonment without the possibility of parole. Our argument justifies a retributive “second look” assessment of long-term priso...

Is it morally acceptable to use artificial intelligence (AI) in the form of computer-driven algorithms in the determination of sentences on those who have broken the law? If so, how should such algorithms be used? This book is the first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of AI at sentencing. It deals with a wide range of highly pertinent issues, such as the following: Should algorithmic-based decision-making be transparent? If so, what does (...) this mean and why is it important? Does a conflict between algorithmic transparency and algorithmic accuracy always constitute a moral dilemma? What does it mean to require that algorithmic sentencing decisions should be fair? When should an algorithm be regarded as discriminatory? Is it acceptable to use algorithms to produce risk assessments of future criminal conduct? Can algorithms ever be used in the exercise of mercy? Should AI only be used to guide judicial decision-making or could it ever be justified to replace a human sentencing judge with a robojudge? (shrink)

Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes (...) discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases. (shrink)

Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments (...) may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology. (shrink)

Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.

The following text is based on a public debate between Professor Julian Savulescu and Associate Professor Robert Sparrow on the topic of 'Making Better Babies,’ which took place in Melbourne, Australia, on Tuesday, October 2, 2012. The debate was introduced by Professor Michael Selgelid, the Director of the Centre for Human Bioethics, at Monash University, and facilitated by Associate Professor Justin Oakley. The text has been edited from the original transcript for clarity and brevity.

Machine‐learning algorithms have the potential to revolutionise diagnostic and prognostic tasks in health care, yet algorithmic performance levels can be materially worse for subgroups that have been underrepresented in algorithmic training data. Given this epistemic deficit, the inclusion of underrepresented groups in algorithmic processes can result in harm. Yet delaying the deployment of algorithmic systems until more equitable results can be achieved would avoidably and foreseeably lead to a significant number of unnecessary deaths in well‐represented populations. Faced with this dilemma (...) between equity and utility, we draw on two case studies involving breast cancer and melanoma to argue for the selective deployment of diagnostic and prognostic tools for some well‐represented groups, even if this results in the temporary exclusion of underrepresented patients from algorithmic approaches. We argue that this approach is justifiable when the inclusion of underrepresented patients would cause them to be harmed. While the context of historic injustice poses a considerable challenge for the ethical acceptability of selective algorithmic deployment strategies, we argue that, at least for the case studies addressed in this article, the issue of historic injustice is better addressed through nonalgorithmic measures, including being transparent with patients about the nature of the current epistemic deficits, providing additional services to algorithmically excluded populations, and through urgent commitments to gather additional algorithmic training data from excluded populations, paving the way for universal algorithmic deployment that is accurate for all patient groups. These commitments should be supported by regulation and, where necessary, government funding to ensure that any delays for excluded groups are kept to the minimum. We offer an ethical algorithm for algorithms—showing when to ethically delay, expedite, or selectively deploy algorithmic systems in healthcare settings. (shrink)

Is it justified to detect minor genetic aberrations before birth and terminate pregnancies based upon such information? We present the case of a woman who wanted Prenatal Diagnosis to detect whether her female fetus was a Haemophilia mutation carrier. Such carriers are usually healthy.She wished to eradicate the Haemophilia mutation from her family to avoid future generations being affected and to protect her children from having to go through PND themselves. We explore existing practice guidelines, public attitudes and possible objections (...) to providing PND for minor abnormalities. We argue that in a society where couples have considerable autonomy relating to decisions about the fetus at least until viability, the routine restriction of PND for minor genetic abnormalities would be an unjust infringement of individual liberty. (shrink)

This lucid and original book offers a detailed and critical exposition of German metaphysics and philosophy of logic during the past century. Julian Roberts sets his argument in the context of the current debate between "analytical" and "continental" philosophers. the book centers on the problem of reflection—exploration of the boundaries of rationality, or of the "limits of thought"—which Roberts claims lies at the heart of both traditions. Roberts concentrates on the work of Frege, Wittengenstein, Husserl, the (...) Erlangen School, and Habermas. In the course of his examination, however, he also considers philosophers ranging from Russell and Quine to Putnam and Heidegger. Roberts argues that the technical advances of modern logic have not, as is sometimes believed by analytical thinkers, generated uniquely modern problems that can only be dealt with by a correspondingly modernist philosophy, for the problem of reflection was already at the heart of Kant's critical project and of his confrontation with Leibniz. If we recover this earlier debate, says Roberts, we can develop a more adequate understanding not merely of its echoes in the twentieth century, but of the role and contribution of metaphysics and of philosophy in general. (shrink)

This book is a comprehensive introduction to German philosophy, from Kant to the present day. The book focuses on the key figures and major texts. Separate chapters are devoted to Kant, Hegel, Schelling, Schopenhauer, Kierkegaard, Nietzsche, and Heidegger. Roberts also deals extensively with the Marxist tradition, with chapters on Feuerbach, Lukács, and Adorno. The author argues that Kant may be seen as the principal source of modern metaphysics, and his heirs as branching off into two opposing streams. This approach (...) enables Roberts to trace some of the underlying connections and oppositions between the major figures of German thought. Written in a lively and accessible style, German Philosophy will be of interest to students of philosophy, social sciences, and European thought and literature. (shrink)

End-of-life decision-making is controversial. There are different views about when it is appropriate to limit life-sustaining treatment, and about what palliative options are permissible. One approach to decisions of this nature sees consensus as crucial. Decisions to limit treatment are made only if all or a majority of caregivers agree. We argue, however, that it is a mistake to require professional consensus in end-of-life decisions. In the first part of the article we explore practical, ethical, and legal factors that support (...) agreement. We analyse subjective and objective accounts of moral reasoning: accord is neither necessary nor sufficient for decisions. We propose an alternative norm for decisions – that of ‘professional dissensus’. In the final part of the article we address the role of agreement in end-of-life policy. Such guidelines can ethically be based on dissensus rather than consensus. Disagreement is not always a bad thing. (shrink)

Arguing that the importance of painting and other visual art for Benjamin's epistemology has yet to be appreciated, Weigel undertakes the first systematic analysis of their significance to his thought. She does so by exploring Benjamin's dialectics of secularization, an approach that allows Benjamin to explore the simultaneous distance from and orientation towards revelation and to deal with the difference and tensions between religious and profane ideas. In the process, Weigel identifies the double reference of 'life' to both nature and (...) to a 'supernatural' sphere as a guiding concept of Benjamin's writings. Sensitive to the notorious difficulty of translating his language, she underscores just how much is lost in translation, particularly with regard to religious connotations. The book thus positions Benjamin with respect to the other European thinkers at the heart of current discussions of sovereignty and martyrdom, of holy and creaturely life. It corrects misreadings, including Agamben's staging of an affinity between Benjamin and Schmitt, and argues for the closeness of Benjamin's work to that of Aby Warburg, with whom Benjamin unsuccessfully attempted an intellectual exchange. (shrink)

Thomas Schelling, who wrote the foreword for this book, won the Nobel Prize in economics for "having enhanced our understanding of conflict and cooperation through game-theory analysis." This came after he had taught a course in game theory and rational choice to advanced students and government officials for 45 years. In this book, Robert Dodge provides in language for a broad audience, the concepts that Schelling taught. Armed with Schelling's understanding of game theory methods and his approaches to problems, the (...) general reader can improve daily decision making. Mathematics often make game theory challenging but was not a major part of Schelling's course and is even less of a factor in this book. Along with a summary of the material Schelling presented, included are problems from the course and similar less challenging questions. While considerable analysis is done with the basic game theory tool--the two-by-two matrix--much of the book is descriptive and rational decision-making is explained with stories. Chapter supplements are added to illuminate points presented by Schelling, including writings by Paul Krugman, Thomas Friedman, Steven Levitt, and others. (shrink)

Patterns of human kinship commonly involve preferential treatment of relatives based on lineal descent (lineages) rather than degree of genetic relatedness (kindreds), presenting a challenge for inclusive fitness theory. Here, we examine effects of lineage and kindred characteristics on reproductive success (RS) and number of grandchildren for 130 men and 124 women in a horticultural community on Dominica. Kindreds had little effect on fitness independently of lineage characteristics. Fitness increased with the number of lineal relatives residing in the community but (...) decreased beyond an apparently optimal lineage size, suggesting resource enhancement and competition among kin. Female-biased patrilineage sex ratio was positively associated with men’s fitness, while male-biased matrilineage sex ratio was positively associated with women’s fitness. Number of brothers in the community was negatively associated with men’s, but not women’s, fitness. Parents and number of sisters had no effect on either male or female reproduction; however, women with younger sisters had higher RS, suggesting benefits of kin support for childcare. In sum, imposed norms for lineage social organization may enhance lineal ancestors’ inclusive fitness at a cost to individual inclusive fitness. (shrink)

The proposed law in Ukraine on protection from dangerous human-psychological impacts and on psychological assistance to those who have suffered such an effect has grounds for concern.

Ted Shotter's founding of the London Medical Group 50 years ago in 1963 had several far reaching implications for medical ethics, as other papers in this issue indicate. Most significant for the joint authors of this short paper was his founding of the quarterly Journal of Medical Ethics in 1975, with Alastair Campbell as its first editor-in-chief. In 1980 Raanan Gillon began his 20-year editorship . Gillon was succeeded in 2001 by Julian Savulescu, followed by John Harris and Soren (...) Holm in 2004, with Julian Savulescu starting his second and current term in 2011. In 2000 an additional special edition of the JME, Medical Humanities , was published, under the founding joint editorship of Martyn Evans and David Greaves. In 2003 Jane Macnaughton succeeded David Greaves as joint editor. Deborah Kirklin, under whose auspices MH became an independent journal, took over in 2008, and she was succeeded in 2013 by Sue Eckstein. This short paper offers reminiscences and reflections from the two journals’ various editors.From the start the JME was committed to clearly expressed reasoned discussion of ethical issues arising from or related to medical practice and research. In particular, both Edward Shotter and Alastair Campbell, each a cleric , were at pains to make clear that the JME was not a religious journal and that it had no sort of partisan axe to grind.Campbell's appointment as founding editor was something of a surprise, as the original intention had been to appoint a medical doctor, who could be expected to know medical practice from the inside. However, in 1972 Campbell, a Joint Secretary of the Edinburgh Medical Group, had published Moral dilemmas in medicine. …. (shrink)

Background: Altering components of ecological momentary assessment measures to better suit the purposes of individual studies is a common and oftentimes necessary step. Though the inherent flexibility in EMA has its benefits, no resource exists to provide an overview of the variability in how convergent constructs and symptoms have been assessed in the past. The present study fills that gap by examining EMA measurement design for mood and anxiety symptomatology.Methods: Various search engines were used to identify 234 relevant studies. Items (...) administered, data collection schedules, response scales, data collection platforms, and psychometric properties were extracted.Results: Study designs varied greatly in all aspects across the identified papers. Over 4,600 extracted items were qualitatively analyzed, resulting in the identification of 12 themes. The most EMA items focused on affect, with categories such as “happiness” and “tension” appearing most frequently. We provide all of our data extraction in the format of an open-source database.Limitations: Despite our best attempts to include as much of the relevant literature as possible, this review and the accompanying database are not exhaustive, but can easily be built upon to include other, newer studies.Conclusions: The fact that the affect theme featured both positive and negative emotional constructs highlights the dichotomous focus on valence and affect within the literature surrounding anxious and depressive symptomatology. We hope that our database will act as a helpful design decision-making resource for researchers studying this kind of symptomatology in the future.Systematic Review Registration: PROSPERO. (shrink)

In response to growing concern in the 1980s about the quality of public education across the United States, a tremendous amount of energy was expended by organizations such as the Holmes Group and the Carnegie Forum to organize professional development schools or “partner schools” for teacher education. On the surface, the concept of partnering is simple; however, the practice is very costly, complex, and difficult. In _Schooling, Democracy, and the Quest for Wisdom_, Robert V. Bullough, Jr. and John R. Rosenberg (...) examine the concept of partnering through various lenses and they address what they think are the major issues that need to be, but rarely are, discussed by thousands of educators in the U.S. who are involved and invested in university-public school partnerships. Ultimately, they assert that the conversation around partnering needs re-centering, refreshing, and re-theorizing. (shrink)