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)

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)

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)

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)

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)

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)

This interdisciplinary book that is thematically tied to Charles Darwin’s extensively detailed observations of all forms of animate life across the global world—humans included—shows how neuroscience and phenomenology are complementary and how the driving force of wonder—what Darwin called “an intellectual emotion”—propels them both.

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)

The Yoga Sutras were formulated in India in the third century B.C. The word yoga is from the Sanskrit root meaning "join" or "unity, " and a sutra is a thread or aphoristic verse. Yoga itself is not associated with any particular religion; it simply offers techniques leading to the direct experience of truth. The basic questions Who am I? Where am I going? What is the purpose of life? are asked by every generation, and Patanjali's answers form one of (...) the world's oldest and most vibrant spiritual texts. He explains what yoga is, how it works, and exactly how to purify the mind and let it settle into absolute stillness. Alistair Shearer's extensive and helpful introduction and superb translation, fully preserving Patanjali's jewel-like style, bring these ancient but vital teachings to those who seek the path of self-knowledge today. (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)

This article begins with a summary phenomenological analysis of movement in conjunction with the question of “quality” in movement. It then specifies the particular kind of memory involved in a dancer’s memorization of a dance. On the basis of the phenomenological analysis and specification of memory, it proceeds to a clarification of meaning in dance. Taking its clue from the preceding sections, the concluding section of the article sets forth reasons why present-day cognitive science is unable to provide insights into (...) dance, notably because being largely tethered to happenings in the brain, it lacks foundational grounding in experience, specifically, the actual experience of movement, which is to say in kinesthesia. (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)

Animation is by definition the basis of animate life. Movement is thus of prime significance and its dynamics warrant close study in terms of the tactile-kinaesthetic body, its relation to cognition and affectivity, and its anchorage in ontogeny and phylogeny. Riveted attention on the brain deflects attention from animate movement, as does the degeneration of movement into a motorology and the extensive and broadly indiscriminate use of the lexical band-aid of embodiment and its derivatives. Critical attention is paid to just (...) such present-day practices in neuroscience, and in cognitive science and philosophy, practices that, by impeding investigations of the tactilekinaesthetic body, impede understandings of how kinaesthetic experience is at the core of those synergies of meaningful movement that constitute animate life. (shrink)