A highly controversial issue in criminal law theory has been the use of strict liability offenses, i.e., offenses which create liability ‘without fault.’ The collection of strict liability offenses is varied according to the element of the particular offense with respect to which liability is strict. For example, a statute prohibiting the filing of a false financial statement with the Secretary of State might impose liability despite a reasonable error as to the truth of the statement, or as to the (...) financial nature of the statement, or as to the identity of the official in question. What all strict liability offenses have in common is the imposition of liability despite the possibility of reasonable mistake or due care regarding some important element of the offense. Generally, then, a strict liability offense is one to which a claim of no-negligence is not a defense. Indeed, such a claim will not even be heard. All that the prosecution need prove is the voluntary commission of the proscribed acts by the defendant; no other question concerning the defendant's efforts or opportunity to obey the law is relevant to liability or conviction. (shrink)

Controversy persists over the ethics of compensating research participants and providing posttrial benefits to communities in developing countries. Little is known about residents' views on these subjects. In this study, interviews about compensation and posttrial benefits from a hypothetical HIV vaccine trial were conducted in Uganda’s Rakai District. Most respondents said researchers owed the community posttrial benefits and research compensation, but opinions differed as to what these should be. Debates about posttrial benefits and compensation rarely include residents' views like these, (...) but future ones should. (shrink)

In matters such as affirmative action or home schooling, rights of ethnic and other minority groups often come into conflict with those of society in a culturally diverse population such as ours. But before considering the dilemmas posed by these issues, we must first ask such basic but important questions as what group rights are and how they intersect with the principles of democracy. This new collection brings together some of today's leading thinkers from the cutting edge of these debates, (...) taking in a broad range of issues confronting philosophers, sociologists, and political scientists. Contributors such as Carl Wellman, Carol Gould, and Rex Martin examine the nature of groups and the conflict between group rights and democracy and also consider case studies depicting current issues in cultural, ethnic, and religious rights. The first section, on the nature of groups, examines some of the perplexing alternatives in the formulation of a theory of group rights. These articles investigate the kinds of rights minorities might claim and ask when groups can be held responsible for the acts of some of their members. The second section addresses the treatment of groups in a democracy and the precarious balance between indifference toward minorities and capitulation to their demands. Here the contributors examine five principles for the sensitive treatment of minority and disadvantaged groups in a democratic society. A final section explores specific conflicts between subgroup and societal claims through case studies dealing with affirmative action, religious practice and the education of children, and the land rights of indigenous peoples. By drawing on the legal and political dilemmas related to these cases, the authors confront issues of core versus peripheral interests, of individual member versus subgroup rights, and of the possibilities for social openness raised in the preceding sections Written from varied perspectives, Groups and Group Rights offers stimulating reading for both students and professionals as it takes on some of the most pressing dilemmas confronting our society. (shrink)

Feminism and Ecological Communities presents a bold and passionate rethinking of teh ecofeminist movement. It is one of the first books to acknowledge the importance of postmodern feminist arguments against ecofeminism whilst persuasively preseenting a strong new case for econolocal feminism. Chris J.Cuomo first traces the emergence of ecofeminism from the ecological and feminist movements before clearly discussing the weaknesses of some ecofeminist positions. Exploring the dualisms of nature/culture and masculing/feminine that are the bulwark of many contemporary ecofeminist positions and (...) questioning traditional traditional feminist analyses of gender and caring, Feminism and Ecological Communities asks whether women are essentially closer to nature than men and how we ought to link the oppression of women, people of colour, and other subjugated groups to the degradation of nature. Chris J.Cuomo addresses these key issues by drawing on recent work in feminist ethics as well as teh work of diverse figures such as Aristotle, John Dewey, Donna Haraway adn Maria Lugones. A fascinating feature of the book is the use of the metaphor of the cyborg to highlight the fluidity of the nature/culture distinction and how this can enrich econfeminist ethics and politics. An outstanding new argument for an ecological feminism that links both theory and practice, Feminism and Ecological Communities bravely redraws the ecofeminist map. It will be essential reading for all those interested in gender studies, environmental studies and philosophy. (shrink)

Some are concerned about the possibility that offering money for research participation can constitute coercion or undue influence capable of distorting the judgment of potential research subjects and compromising the voluntariness of their informed consent. The author recognizes that more often than not there are multiple influences leading to decisions, including decisions about research participation. The concept of undue influence is explored, as well as the question of whether or not there is something uniquely distorting about money as opposed to (...) a chance for treatment or medical care. An amount of money that is not excessive and is calculated on the basis of time or contribution may, rather than constitute an undue inducement, be an indication of respect for the time and contribution that research subjects make. (shrink)

_Feminism and Ecological Communities_ presents a bold and passionate rethinking of the ecofeminist movement. It is one of the first books to acknowledge the importance of postmodern feminist arguments against ecofeminism whilst persuasively preseenting a strong new case for econolocal feminism. Chris J.Cuomo first traces the emergence of ecofeminism from the ecological and feminist movements before clearly discussing the weaknesses of some ecofeminist positions. Exploring the dualisms of nature/culture and masculing/feminine that are the bulwark of many contemporary ecofeminist positions and (...) questioning traditional traditional feminist analyses of gender and caring, _Feminism and Ecological Communities_ asks whether women are essentially closer to nature than men and how we ought to link the oppression of women, people of colour, and other subjugated groups to the degradation of nature. Chris J.Cuomo addresses these key issues by drawing on recent work in feminist ethics as well as teh work of diverse figures such as Aristotle, John Dewey, Donna Haraway adn Maria Lugones. A fascinating feature of the book is the use of the metaphor of the cyborg to highlight the fluidity of the nature/culture distinction and how this can enrich econfeminist ethics and politics. An outstanding new argument for an ecological feminism that links both theory and practice, _Feminism and Ecological Communities_ bravely redraws the ecofeminist map. It will be essential reading for all those interested in gender studies, environmental studies and philosophy. (shrink)

Midway through How to Do Things With Words, J.L. Austin’s announces a “fresh start” in his efforts to characterize the ways in which speech is action, and introduces a new conceptual framework from the one he has been using up to that point. Against a common reading that portrays this move as simply abandoning the framework so far developed, Marina Sbisà contends that the text takes the argumentative form of a proof by contradiction, such that the initial framework plays an (...) instrumental role as part of a proof in favour of the subsequent one. Despite agreeing with Sbisà’s broad instrumentalist approach, we argue that her regimentation of Austin’s narrative into a proof by contradiction ultimately fails - both as a proof and as an interpretation of Austin. Instead, we suggest that a better way of interpreting the peculiar structure of How to Do Things With Words is as a pedagogical exercise whose point is to bring a concealed alternative into view in a manner that also explains its initial concealment, and that this approach provides richer resources for supporting Sbisà’s own conventionalist understanding of illocution than that afforded by reading the text as a proof by contradiction. (shrink)

This paper starts off from what seems to be a difficulty of ethics in African Business today. For several years now Transparency International has placed some African countries high on its list of most corrupt countries of the world. The conclusion one draws from this assessment is that either African culture has no regard or concern for ethics, or that there has been a gradual loss of the concept of the ethical and the moral in contemporary African society. Equally problematic (...) is the teaching and promotion of Business ethics in organizations. Western philosophical theories and systems alone have not succeeded in providing access to ethical life of people in modern Africa. This paper is an attempt to inject an orientation that takes into account African manners and customs, their religious convictions and their understanding of the world as a whole, in the teaching of Business Ethics. East and Central Africa have been selected due to their common lingua franca, Kiswahili, and the fact that the author has more teaching experience within that region. (shrink)

Three case studies were conducted on the implications of the use of expert systems for the work of clerks and operators in Britain. An expert system had been introduced in a process control application. The operators' work was deskilled. The second case was a fault diagnosis application. An operator was very happy with his new work. In the third case, insurance clerks received training to operate an expert system which extended the scope of their work. In conclusion, it is suggested (...) that expert systems extend the range of work which can be automated, but may not have unique impacts. (shrink)

This article focuses on the representation of youth as a key moment of transition in contemporary western societies, set between the dependent state of childhood and the supposed maturity and independence of adult status. Young people are viewed as gendered, racialized and sexualized beings who also occupy specific class locations, and are assumed to move through crucial points of transition as they leave full-time education and enter the job market, as well as the (hetero)sexual and marriage marketplaces. The article examines (...) some of the main discursive configurations and treatment regimes through which ‘troubled teens’ are constructed and managed, especially in relation to notions about disordered patterns of consumption and transition. The paper considers the moment of the ‘discovery’ of adolescence in the late nineteenth century, going on to examine young women's particular relationships to discourses around consumption in the contemporary British youth research literature, and to debates about ‘disrupted transitions’ and citizenship in the 1990s. The article ends with a brief examination of one approach to the ‘problem of troubled teens’ in the USA: Specialty Schools that offer a combination of educational, therapeutic and correctional regimes aimed at young people who have been identified in relation to various disorders of transition and consumption. (shrink)

A critical review of John Cottingham's "Philosophy and the Good Life: Reason and the Passions in Greek, cartesian, and psychoanalytic ethics" Cambridge, Cambridge University Press, 1998.

In Ephesians 4:17–32, the concept of a “new man” is explored, emphasizing the transformation that occurs when one becomes a follower of Christ. This passage delves into the teachings and principles that guide believers in their spiritual growth and maturity journey. The keywords in this section highlight key aspects of the teaching, such as “teaching,” which implies the importance of instruction and guidance in understanding and living out the Christian faith. Additionally, the phrase “new man” signifies a radical change within (...) an individual when they surrender their old ways and embrace a new life in Christ. Ephesians 4:17–32 offers practical insights on how to live as a transformed individual. It addresses various aspects of personal conduct, including honesty, integrity, self-control, kindness, forgiveness, and love. These virtues are not only encouraged for personal growth but also for fostering healthy relationships within the community of believers. (shrink)

When Ann Banfield argued in The Phantom Table1 that the debate about modernism should take into account its revolutionary conception of the objects of sensation, and turned to Bertrand Russell’s 1914 theory of knowledge to do so, she challenged on the one hand the critics’ near ignorance of the Cambridge Apostles’ influence on Bloomsbury, and on the other, the “assumption of contemporary understanding of modernism—that the only philosophy of relevance to twentieth-century art and literature is continental.”2 Following her example, daunting (...) as it may be, I will challenge this last assumption and argue that the philosophy of relevance to the understanding of Woolf’s work is not necessarily continental but British.My .. (shrink)

The theoretical applicability of the constructs of configurality, holism, and Gestalten are ubiquitous in perceptual psychology, yet there is a noticeable absence of a generally accepted, unified theory of Gestalt phenomena. Aside from a few quite specific models of performance in some particular sphere, rigorous definitions and quantitative models are scarce. In addition, in the realm of quantitative dynamic information-processing characteristics, definitions, proposed explanations, and derivations regarding concepts of holistic vs non-holistic objects are rare if extant at all. The primary (...) goal of this chapter is to argue for the establishment of a mathematical language within which the properties of strategic concepts that describe and purport to distinguish configural as opposed to non-configural perception can be elucidated. We do this in two ways, each of which is intended to compel formal connections among diverse operational concepts, and facilitate the translation to testable experimental hypotheses. (shrink)

ago that thinking (along with speaking and acting) “like a woman” was taken as a matter of shame and weakness. The phrase remains an insult to any man who is accused of being “like a woman” in any respect. But the only reason the phrase ...

There are various programmes currently advocated for ways in which children might encounter philosophy as an explicit part of their education. An analysis of these reveals the ways in which they are predicated on views of what constitutes philosophy. In the sense in which they are inquiry based, purport to encourage the pursuit of puzzlement and contribute towards creating democratic citizens, these programmes either implicitly rest on the work of John Dewey or explicitly use his work as the main warrant (...) for their approach. This article explores what might count as educational in the practice of children ‘doing’ philosophy, by reconsidering Dewey’s notion of ‘experience’. The educational desire to generate inquiry, thought and democracy is not lost, but a view that philosophy takes its impetus from wonder is introduced to help re-evaluate what might count as educational experience in a Deweyan sense. (shrink)

The reflection of global justice demands an innovative revision of traditional patterns of argument of political theory. How can moral responsibility be defined in connection with intergovernmental action? Ethical, institutional, and logical implications of a human legal foundation of intergovernmental justice are discussed in three theoretical chapters in this book. Further chapters deal with the structure of intergovernmental responsibility in connection with ethics of peace, humanitarian intervention, the fight against poverty, as well as migration. Moreover, the book analyzes governmental liability (...) and collective political duties towards individuals, who are citizens of other states. (shrink)

Demokratie Fremd- und Vieltun Allotrio- und Polypragmosyne Griechische Antike Identitäre Politik Demokratietheorie.

Fourteen enjoyable papers, from the Theoretical Archaeology Conference held in Oxford in December 2000, which reflect on the relationship between archaeology and the outside world' and investigate the meaning of archaeology to the general public and the relevance of archaeology to society. Essays examine the development of archaeology as a discipline through the medieval, Romantic and Post-Modern eras, looking, for example, at the treatment of archaeological themes in the works of Mary Shelley and Byron. Contributors also consider the impact of (...) Stonehenge on astronomical studies, the influence of Roman finds and sites, including Bath and Caerleon, on Edwardian jewellery and children's stories and the dramatisation of the Iceman's' discovery in a recent play. (shrink)

Because of the two crucial problems just described, it is concluded that Stace's theory of the nature of mystical experience is inadequate. An alternative approach is outlined, which obviates the weaknesses in Stace's theory by combining C. J. Ducasse's distinction between connate and alien accusatives, with the suggestion by Gilbert Ryle and David Hamlyn that experiencing is like the exercise of a skill. Mystical experience, it is then proposed, is the exercise of the difficult yet rewarding acquired skill of experiencing (...) unitively. ;The second problem concerns the relation between the mystical experience and the interpretation made of it by the mystic. On this topic Stace is found to support two distinct positions: first, that experience or the given in general is independent of mental activity, and that mystical experience is pure, that is, uninterpreted; second, that pure experience is "psychologically impossible," and that no uninterpreted mystical experiences occur. Without passing judgment upon the issue of "psychological impossibility," an argument is here advanced to show that all mystical experiences reflect the specific context in which they occur, and hence that, in Stace's sense, all such experiences are "impure." ;In the evaluation of Stace's views about the nature of mystical experience, two main problems emerge. The first of these concerns the relation between the mystical experience and its object. Stace contends that mystical experience is identical with its object, the "Universal Self." However, his arguments for this belief, founded upon his general theory of experience and upon his examination of reports of mystical experiences, are demonstrated to be unsuccessful. ;The philosophical context of Stace's views on mystical experience includes, it is shown, Stace's many studies of mysticism in addition to his major survey of the field, Mysticism and Philosophy. It also embraces his more general writings about the concept of the given, the structure of human knowledge, and what Stace calls "phenomenalist metaphysics." ;A foundational element of Walter Terence Stace's pioneer work in the philosophy of mysticism is his theory of the nature of mystical experience. Accordingly, this thesis has two purposes: to outline the context of Stace's views on mystical experience; and to evaluate Stace's views on the nature of mystical experience. (shrink)

This volume examines works of the early Frankfurt School that are concerned with gender identities, institutions, and ideologies, as well as the ongoing relevance of early Frankfurt School ideas for contemporary feminist analyses of gender, sex, and sexuality.

In seventeenth- and eighteenth-century London and Paris, growing numbers of poor alarmed notables and city officials who would come to view a policy of confinement as an appropriate social, economic, religious, and political solution. This work examines the motivations of patrons to support these institutions (called hospitals). In particular, this study looks at their support for the construction (or renovations) of chapels (e.g. chapel at La Salpêtrière and the chapel at the Lock Hospital) and their visitations to these hospitals. Vagrants, (...) beggars, prostitutes, and idlers of other sorts healthy or not were confined not necessarily for theirhealth but for their souls and for the social order of the city. The locations of these hospitals indicate a geographical isolation not only in their “placement” outside the city walls but even in the Christian charitable rhetoric or visitations by benefactors that emphasized their separateness. “Unclean livers” or destitute beggars were put on view so that the morally upright who patronized these institutions could view for instructional purposes and could be viewed for purposes of salvation, but remained as separate nonetheless. Great masses and grand sermons were heard in the chapels that adorned these institutions, but a clear policy of segregation existed that kept the godly patrons separate from the “polluted.”. (shrink)

The personal writings of First World War nurses and VADs (volunteers) provide the historian with a range of insights into the war and women's nursing roles within it. This paper offers a number of methodological perspectives on these writings. In particular, it emphasises two elements of engagement with texts that can act as important influences on subsequent historical writings: authorial intention and scholarly interpretation. In considering the interplay of these two elements, the paper emphasises the motivations both of those who (...) produced primary sources and of those who later used them to ‘serve’ particular historical interpretations. The paper examines letters, diaries and semi‐fictional writings, considering the influences of gender, class and professional background on the ways in which their authors wrote. It then briefly considers the uses to which historians have put these original writings. The paper offers insights into the ways in which complex personal writings can be interpreted and concludes that the writings of First World War nurses and volunteers offer a rich and varied set of perspectives on both the war itself and the nature of wartime nursing work. (shrink)

Cet ouvrage est une réédition numérique d’un livre paru au XXe siècle, désormais indisponible dans son format d’origine.

Physician-researchers are bound by professional obligations stemming from both the role of the physician and the role of the researcher. Currently, the dominant models for understanding the relationship between physician-researchers' clinical duties and research duties fit into three categories: the similarity position, the difference position and the middle ground. The law may be said to offer a fourth.