The articles in this volume showcase the potential richness of frame representations. The presentation includes introductory articles on the application of frames to linguistics and philosophy of science, offering readers the tools to conduct the interdisciplinary investigation of concepts that frames allow. * Introductory articles on the application of frames to linguistics and philosophy of science * Frame analysis of changes in scientific concepts * Event frames and lexical decomposition * Properties, frame attributes and adjectives * Frames in concept composition (...) * Nominal concept types and determination "This volume deals with frame representations and their relations to concept types in linguistics and philosophy of science. It aims at reviving concepts and frames as a common model across disciplines for representing semantic and conceptual knowledge. Departing from the general assumption that frames are not just an arbitrary format of representation but essential to human cognition, a number of case studies apply frames as an analytical tool to a wide range of phenomena, from changes in scientific concepts to particular linguistic phenomena. This provides new insights into long-standing semantic issues, such as the lexical representation of verbs (as predicative frames specifying particular event descriptions or situation types and their participants), adjectives and nominals (as concept frames, which provide attributes and properties of an entity), as well as modification, complementation, possessive constructions, compounding, nominal concept types, determination, or definiteness marking." Bert Gehrke, Pompeu, Fabra University, Barcelona, Spain. (shrink)

This book is a provocative contribution to contemporary ethical theory challenging foundational conceptions of character that date back to Aristotle. John Doris draws on behavioral science, especially social psychology, to argue that we misattribute the causes of behavior to personality traits and other fixed aspects of character rather than to the situational context. More often than not it is the situation not the nature of the personality that really counts. The author elaborates the philosophical consequences of this research for (...) a whole array of ethical theories and shows that, once rid of the misleading conception of motivation, moral psychology can support more robust ethical theories and more humane ethical practices. (shrink)

Do we know what we're doing, and why? Psychological research seems to suggest not: reflection and self-awareness are surprisingly uncommon and inaccurate. John M. Doris presents a new account of agency and responsibility, which reconciles our understanding of ourselves as moral agents with empirical work on the unconscious mind.

Does it make sense for people to hold one another responsible for what they do, as happens in countless social interactions every day? One of the most unsettling lessons from recent psychological research is that people are routinely mistaken about the origins of their behavior. Yet philosophical orthodoxy holds that the exercise of morally responsible agency typically requires accurate self-awareness. If the orthodoxy is right, and the psychology is to be believed, people characteristically fail to meet the standards of morally (...) responsible agency, and we are faced with the possibility of skepticism about agency. Unlike many philosophers, I accept the unsettling lesson from psychology. I insist, however, that we are not driven to skepticism. Instead, we should reject the requirement of accurate self-awareness for morally responsible agency. InTalking to Our SelvesI develop adialogictheory, where the exercise of morally responsible agency emerges through a collaborative conversational process by which human beings, although afflicted with a remarkable degree of self-ignorance, are able to realize their values in their lives. (shrink)

Moral madness is a symptom of the moral violence experienced by teachers who are expected to exercise responsibility for their students and their work, but whose moral voice is misrecognized as self-interest and whose moral agency is suppressed. I conduct a feminist ethical analysis of the figure of Cassandra to examine the ways in which teachers may be driven to moral madness.

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that (...) a statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that (...) a statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

There is a widespread view that well-learned skills are automated, and that attention to the performance of these skills is damaging because it disrupts the automatic processes involved in their execution. This idea serves as the basis for an account of choking in high pressure situations. On this view, choking is the result of self-focused attention induced by anxiety. Recent research in sports psychology has produced a significant body of experimental evidence widely interpreted as supporting this account of choking in (...) certain kinds of complex sensorimotor skills. We argue against this interpretation, pointing to problems with both the empirical evidence and the underlying theory. The experimental research fails to provide direct support for the central claims of the self-focus approach, contains inconsistencies, and suffers from problems of ecological validity. In addition, qualitative studies of choking have yielded contrary results. We further argue that in their current forms the self-focus and rival distraction approaches both lack the theoretical resources to provide a good theory of choking, and we argue for an expanded approach. Some of the elements that should be in an expanded approach include accounts of the features of pressure situations that influence the psychological response, the processes of situation appraisal, and the ways that attentional control can be overwhelmed, leading to distraction in some cases, and in others, perhaps, to damaging attention to skill execution. We also suggest that choking may sometimes involve performance-impairing mechanisms other than distraction or self-focus. (shrink)

Since trauma is a thoroughly relational phenomenon, it is highly unpredictable, and cannot be made to fit within the scientific framework Freud so admired. In _Toward a Psychology of Uncertainty: Trauma-Centered Psychoanalysis,_ Doris Brothers urges a return to a trauma-centered psychoanalysis. Making use of relational systems theory, she shows that experiences of uncertainty are continually transformed by the regulatory processes of everyday life such as feeling, knowing, forming categories, making decisions, using language, creating narratives, sensing time, remembering, forgetting, and (...) fantasizing. Insofar as trauma destroys the certainties that organize psychological life, it plunges our relational systems into chaos and sets the stage for the emergence of rigid, life-constricting relational patterns. These trauma-generated patterns, which often involve denial of sameness and difference, the creation of complexity-reducing dualities, and the transformation of certainty into certitude, figure prominently in virtually all of the complaints for which patients seek analytic treatment. Analysts, she claims, are no more strangers to trauma than are their patients. Using in-depth clinical illustrations, Dr. Brothers demonstrates how a mutual desire to heal and to be healed from trauma draws patients and analysts into their analytic relationships. She recommends the reconceptualization of what has heretofore been considered transference and countertransference in terms of the transformation of experienced uncertainty. In her view the increased ability of both analytic partners to live with uncertainty is the mark of a successful treatment. Dr. Brothers’ perspective sheds fresh light on a variety of topics of great general interest to analysts as well as many of their patients, such as gender, the acceptance of death, faith, cult-like training programs, and burnout. Her discussions of these topics are enlivened by references to contemporary cinema and theatre. (shrink)

Yoga is a unique form of expert movement that promotes an increasingly subtle interpenetration of thought and movement. The mindful nature of its practice, even at expert levels, challenges the idea that thought and mind are inevitably disruptive to absorbed coping. Building on parallel phenomenological and ethnographic studies of skilful performance and embodied apprenticeship, we argue for the importance in yoga of mental access to embodied movement during skill execution by way of a case study of instruction and practice in (...) two related traditions, Iyengar and Anusara. Sharing a pose repertoire, they are based on distinctive philosophical systems with different teaching styles and metaphoric structures. To address relations between pedagogy and practice in embodied expertise, and to investigate the reciprocal influences of embodiment and thought, we explore in detail the linguistically mediated learning context where practitioners work with yoga teachers. Here, the mind/body problem comes to practical life. We demonstrate the effects of words on bodies, as knowledge is literally incorporated. We show why interpersonal influence on our movement capacities is sometimes needed to enhance expertise. We theorize and identify ?signature patterns of tension? among practitioners. These patterns have four sources: ghost gestures, innate differences in bodily form, functional fusing, and signature patterns of affective experience, modulation and expression. These patterns of tension produce ?silent zones?, cognitively impenetrable actions, functional fusing of a skilful, compensatory form, and signature patterns of pain and damage. We show how instruction can disrupt these silent zones, enhancing mental and physical flexibility. (shrink)

John M. Doris has been a leading proponent of interdisciplinary approaches to moral psychology for decades. His work has transformed the way in which philosophers approach questions of character, virtue, and agency. This selection of his work focuses on the ways in which human personality orders moral cognition and behaviour.

Has history assigned special obligations to Germans that can transcend generation borders? Do the grandchildren of Holocaust perpetrators or the grandchildren of inactive bystanders carry any obligations that are only related to their ancestry? These questions will be at the centre of this investigation. It will be argued that five different models of justification are available for or against transgenerational obligations, namely liberalism, the unique evil argument, the psychological view, a form of consequentialist pragmatism and the community‐based approach. Only two (...) of these models stand up to philosophical scrutiny. Applying the community‐based model leads to the conclusion that young Germans do indeed have indirect, indeterminate, but strict obligations that transcend generation borders. However, it will be argued that only the obligation of compensation can be restricted to Germans. The remaining two Holocaust‐related obligations of prevention and remembrance have to be seen as universal. (shrink)

This essay uses the mimetic theory of controversial literary anthropologist René Girard to explicate a central but neglected theme in Ayn Rand's Atlas Shrugged: sacrifice. In Rand's view, big government is supported by a sacrificial ideology founded in the idea of Original Sin that fosters the petty resentments of the masses while scapegoating the productive elite. John Gait triggers the self-destruction of this "infernal" sacrificial machine by withdrawing its intended victims. The resulting political collapse opens the way to a Randian (...) utopia beyond the theorizing of Girard, a society without sacrifice. (shrink)

Personality disorder symptomatology (PD-Sx) can result in personal distress and impaired interpersonal functioning, even in the absence of a clinical diagnosis, and is frequently comorbid with psychiatric disorders such as substance use, mood, and anxiety disorders; however, they often remain untreated, and are not taken into account in clinical studies. To investigate brain morphological correlates of PD-Sx, we measured subcortical volume and shape, and cortical thickness/surface area, based on structural magnetic resonance images. We investigated 37 subjects who reported PD-Sx exceeding (...) DSM-IV Axis-II screening thresholds, and 35 age, sex, and smoking status-matched control subjects. Subjects reporting PD-Sx were then grouped into symptom-based clusters: N = 20 into Cluster B (reporting Antisocial, Borderline, Histrionic, or Narcissistic PD-Sx) and N = 28 into Cluster C (reporting Obsessive–Compulsive, Avoidant, or Dependent PD-Sx); N = 11 subjects reported PD-Sx from both clusters, and none reported Cluster A (Paranoid, Schizoid, or Schizotypal) PD-Sx. Compared to control, Cluster C PD-Sx was associated with greater striatal surface area localized to the caudate tail, smaller ventral striatum volumes, and greater cortical thickness in right prefrontal cortex. Both Cluster B and C PD-Sx groups also showed trends toward greater posterior caudate volumes and orbitofrontal surface area anomalies, but these findings did not survive correction for multiple comparisons. The results point to morphological abnormalities that could contribute to Cluster C PD-Sx. In addition, the observations parallel those in substance use disorders, pointing to the importance of considering PD-Sx when interpreting findings in often-comorbid psychiatric disorders. (shrink)

In a recent work, we introduced a theoretical model for fulfillment in life that covers cognitive and affective components and distinguishes different time frames. The present study evaluates this model and describes the construction of the Fulfilled Life Scale to assess fulfillment regarding the whole lived life retrospectively. We investigated the scale in two samples. The model of the cognitive component combines three sources of fulfillment with three criteria, yielding nine facets. Employing hierarchical factor analysis, we inspected all solutions between (...) one and nine. We identified three optimal factors, which we labeled unfolded self and life, the worthwhile life, and positive impact and legacy. Next, we selected marker items and replicated the factor structure in Sample 2. The three scales were positively intercorrelated and showed good internal consistency in both samples. For the affective component, exploratory and confirmatory factor analyses established a one-factor structure in both samples, and high internal consistency was obtained. Across a range of related constructs, we demonstrated construct and criterion validity. Notably, cognitive and affective fulfillment incrementally predicted a global rating of a fulfilled life and mental well-being, even after controlling for subjective and eudaimonic well-being. Overall, the study proves that the FLS is necessary to capture people’s experience of a fulfilled life, which could not be assessed sufficiently with previous well-being measures. Both cognitive and affective fulfillment were able to predict additional variance in mental well-being. Moreover, the study reveals psychometric support for the FLS and presents the first evidence on its validity. Lastly, applications in research and practice are discussed, especially in the context of living and aging well in the second half of life. (shrink)

Yoga is a unique form of expert movement that promotes an increasingly subtle interpenetration of thought and movement. The mindful nature of its practice, even at expert levels, challenges the idea that thought and mind are inevitably disruptive to absorbed coping. Building on parallel phenomenological and ethnographic studies of skilful performance and embodied apprenticeship, we argue for the importance in yoga of mental access to embodied movement during skill execution by way of a case study of instruction and practice in (...) two related traditions, Iyengar and Anusara. Sharing a pose repertoire, they are based on distinctive philosophical systems with different teaching styles and metaphoric structures. To address relations between pedagogy and practice in embodied expertise, and to investigate the reciprocal influences of embodiment and thought, we explore in detail the linguistically mediated learning context where practitioners work with yoga teachers. Here, the mind/body problem comes to practical life. We demonstrate the effects of words on bodies, as knowledge is literally incorporated. We show why interpersonal influence on our movement capacities is sometimes needed to enhance expertise. We theorize and identify ‘signature patterns of tension’ among practitioners. These patterns have four sources: ghost gestures, innate differences in bodily form, functional fusing, and signature patterns of affective experience, modulation and expression. These patterns of tension produce ‘silent zones’, cognitively impenetrable actions, functional fusing of a skilful, compensatory form, and signature patterns of pain and damage. We show how instruction can disrupt these silent zones, enhancing mental and physical flexibility. (shrink)

__Demoralized: Why Teachers Leave the Profession They Love and How They Can Stay_ offers a timely analysis of professional dissatisfaction that challenges the common explanation of burnout. _Featuring the voices of educators, the book offers concrete lessons for practitioners, school leaders, and policy makers on how to think more strategically to retain experienced teachers and make a difference in the lives of students. Based on ten years of research and interviews with practitioners across the United States, the book theorizes the (...) existence of a “moral center” that can be pivotal in guiding teacher actions and expectations on the job. Education philosopher Doris Santoro argues that demoralization offers a more precise diagnosis that is born out of ongoing value conflicts with pedagogical policies, reform mandates, and school practices. _Demoralized_ reveals that this condition is reversible when educators are able to tap into authentic professional communities and shows that individuals can help themselves. Detailed stories from veteran educators are included to illustrate the variety of contexts in which demoralization can occur. Based on these insights, Santoro offers an array of recommendations and promising strategies for how school leaders, union leaders, teacher groups, and individual practitioners can enact and support “re-moralization” by working to change the conditions leading to demoralization. (shrink)

Comparisons of indirect measures with direct measures can help elucidate the relationship between nonconscious and conscious perception. We report three experiments on masked word priming in which we observed a negative correlation between prime discriminability and priming , i.e. where priming decreased with increasing prime visibility. While such observations are rare , they may indicate a conflict between conscious and nonconscious processing when primes are shown close to the subjective visibility threshold for the priming-relevant information. For instance, such a conflict (...) could occur between nonconscious processing of a prime’s meaning and conscious perception of prime letters. Theoretical accounts that discuss similar conflicts assume that the conflict is resolved either by automatically prioritising conscious processes or by discounting the estimated confusion caused by a prime-target pair . In both cases, priming is predicted to decrease when prime visibility increases from below threshold to perithreshold levels. Therefore, we suggest that negative priming-d’ relationships are most likely observed when the d’ measure assesses prime visibility at a level of representation that is below the level of representation at which priming arises, in terms of a putative hierarchy of word processing. (shrink)

Moral psychology investigates human functioning in moral contexts, and asks how these results may impact debate in ethical theory. This work is necessarily interdisciplinary, drawing on both the empirical resources of the human sciences and the conceptual resources of philosophical ethics. The present article discusses several topics that illustrate this type of inquiry: thought experiments, responsibility, character, egoism v . altruism, and moral disagreement.

Chapter One Introduction Located in northeastern Peru, Yagua comes from an area of the world which has to date figured little in formulations of linguistic ...

In elite sport, the advantages demonstrated by expert performers over novices are sometimes due in part to their superior physical fitness or to their greater technical precision in executing specialist motor skills. However at the very highest levels, all competitors typically share extraordinary physical capacities and have supremely well-honed techniques. Among the extra factors which can differentiate between the best performers, psychological skills are paramount. These range from the capacities to cope under pressure and to bounce back from setbacks, to (...) the knowledge of themselves, opponents, and the domain, which experts access and apply in performance. In the companion chapter on breadth and depth of knowledge in expert sport (see Chapter 11), we discussed the forms or kinds of knowledge deployed by elite athletes, and described some lines of research which seek to tap and study such expert knowledge (McPherson & MacMahon, 2008; McRobert, Ward, Eccles & Williams, 2011). In this chapter we focus more directly on questions about methods for measuring or more accurately assessing expert knowledge, in particular addressing a wider range of methods to help us understand what experts know. Suggesting that sport researchers can productively adopt and adapt existing qualitative methodologies for integration with more standard quantitative methods, we introduce and survey a number of areas of qualitative research in psychology. (shrink)

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve the justification problem for human rights but rather aggravates it (...) in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant’s concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (shrink)

This open access book provides original, up-to-date case studies of “ethics dumping” that were largely facilitated by loopholes in the ethics governance of low and middle-income countries. It is instructive even to experienced researchers since it provides a voice to vulnerable populations from the fore mentioned countries. Ensuring the ethical conduct of North-South collaborations in research is a process fraught with difficulties. The background conditions under which such collaborations take place include extreme differentials in available income and power, as well (...) as a past history of colonialism, while differences in culture can add a new layer of complications. In this context, up-to-date case studies of unethical conduct are essential for research ethics training. (shrink)

The Blochian concept of cipher is discussed in some detail with a view to possible developments in the modern philosophy of nature. Parallels and differences are listed as to the Idealistic tradition in Germany preceding Bloch’s approach. It is found that within the framework of a strict process philosophy of the Blochian type, life forms and human life in particular show up as systemic parts of a nature that is projecting itself towards what has not yet become, hence a strong (...) similarity to Schelling’s approach. (shrink)

Psychopaths appear to be ‘creatures apart’ – grandiose, shameless, callous and versatile in their violence. I discuss biological underpinnings to their pale affect, their selective inability to discern fear and sadness in others and a predatory orienting towards images that make most startle and look away. However, just because something is biologically underpinned does not mean that it is innate. I show that while there may be some genetic determination of fearlessness and callous-unemotionality, these and other features of the personality (...) may arise from developmental failures in the interpersonal reception of their emotions, needs and their sense of self. One is unlikely to be able to own inner experiences if shamed for having them, or if, having them, one does not know how to regulate and soothe. So psychopaths may learn to attend away and suppress them. Rather than a fully inherited difficulty, they may have become unable to reflect on inner states, so meta-emotions and self-reflective emotions like guilt and shame do not fully arise. They retain enough sensitivity to know their difference, and hide. I suggest that psychopaths are characterised by a nested sense of self, arising from the surprising effect of shame on these seemingly shameless characters. They do not have an integrated sense of self across context or across time or in relation to a generalised social other. With a nested sense of self, diminished intensity and scope of affective experience (in both directly experienced and vicarious forms) they lack textured access to a personal, owned and integrated past. Thus they lack the kind of access to the past required for a motivationally compelling planning of the future. They lack the emotional investment in the future that enables us to overcome the motivation to act opportunistically and myopically. These individuals live strangely in time. They have a fugitive sense of self and live nimbly among many pasts. They present an elegant and coherent mask to the person they are addressing in the moment and generate possible futures without conviction. (shrink)

Analyses of errors from a sequential auditory recall experiment indicated that perceptual factors influence the shape of the serial position curve of recall errors. The signal to noise ratio and presentation rate of the stimuli, as well as presentation rate during a prior training session, affected item and order errors. For experiments in which Ss simply monitored the auditory sequences for a preassigned critical item, and in which items were recalled in addition to monitoring, analyses of montoring RTs provided evidence (...) that the requirement to recall induces perceptual difficulties. (shrink)

The 1992 Convention on Biological Diversity (CBD) and its 2010 Nagoya Protocol brought about a breakthrough in global policy making. They combined a concern for the environment with a commitment to resolving longstanding human injustices regarding access to, and use of biological resources. In particular, the traditional knowledge of indigenous communities was no longer going to be exploited without fair benefit sharing. Yet, for 25 years after the adoption of the CBD, there were no major benefit sharing agreements that led (...) to significant funding streams for indigenous communities. This changed with the signing of the Rooibos Benefit Sharing Agreement in South Africa, described in this paper. As the authors report, the Rooibos Agreement is a superlative in two respects. It is the biggest benefit sharing agreement between industry and indigenous peoples to date. It is also the first industry-wide agreement to be formed in accordance with biodiversity legislation. This article is a co-production between traditional knowledge holders, the lawyer who represented their interests, the Co-Chair of the Nagoya Protocol negotiations, and an ethicist who analyzed the major challenges of this historic agreement. With no precedent in the benefit sharing world, the agreement stands as a concrete example of the ‘art of the possible.’ Although the rooibos case is unique in a number of aspects, the experience offers many transferable insights, including: patience; incrementalism; honesty; trust; genuine dialogue; strong legal support; a shared recognition that a fair, win-win deal is possible; government leadership; and unity amongst indigenous peoples. Such ingredients of success can apply well beyond southern Africa. (shrink)

If the work carried out to gain a detailed understanding of the process of photosynthesis, and probably other types of bioenergetic conversions as well, fulfills the criteria of a molecular biology, and if the groups funding this research and those who worked in the laboratory regarded it as such, why has it been necessary for me to argue here that bioenergetics should always have been counted as part of - indeed, may have been in the forefront in establishing — the (...) molecular biology tradition? Why have the investigators themselves not insisted on correcting the historical record that has emerged thus far? I would like to offer two reasons: one institutional, the other scientific. (shrink)

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve the justification problem for human rights but rather aggravates it (...) in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant's concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (shrink)

The Moral Psychology Handbook offers a survey of contemporary moral psychology, integrating evidence and argument from philosophy and the human sciences.

In its essence, post-trial obligations describe a duty by research sponsors to provide a successfully tested drug to research participants who took part in the relevant clinical trials after the trial has been concluded. In some instances,this duty is extended beyond the research participants. This article is divided into three main parts. The first part outlines the legal basis for post-trial obligations by looking at international guidelines, including those issued by the World Medical Association. National legislation is exemplified through resolutions (...) and guidelines issued by Brazil and South Africa respectively. The second part analyses the ethical foundation for post-trial obligations, in particular the attempt to minimize exploitation of research subjects. The third part raises obstacles and challenges for the implementation of post-trial obligations. The jury is still out on whether post-trial obligations in the form of access to drugs for clinical trial participants is the best, or even a good way, to avoid exploitation in medical research. (shrink)

One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has taken on legal (...) significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, I examine how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognised and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide. (shrink)

While nothing justifies atrocity, many perpetrators manifest cognitive impairments that profoundly degrade their capacity for moral judgment, and such impairments, we shall argue, preclude the attribution of moral responsibility.

This paper connects to Jon Bing’s great vision of an integrated national legal information system. The intention of this paper is to variegate Bing’s vision of an integrated information system by shifting the focus to the lay users, thus to those, who are subject to the law. The modified vision is an integrated information system that supports intelligible access to law for the citizens. This presupposes however an unambiguous and transparent legal system. Accordingly, it is also stressed that intelligent legal (...) knowledge engineering has high potential to increase precision and rationality in law, and hence safeguard the predictability of law and legal certainty. The central hypothesis is that putting the person who is subject to the law at the centre provides more rational reason to aim for the greatest possible precision of law by exploiting the means and technologies of our time than to uphold strategic vagueness. On this basis, the paper proposes the development of a basic set of controllable and justiciable basic legal drafting standards on EU and on national level, and promotes a transparency by design approach for legal knowledge engineering in order to enhance precision, integrity, comprehensibility and accessibility of law. Similarly to Jon Bing’s vision, this modified vision of an integrated legal information systems is, most probably, also likely to remain unfulfilled. However, what would science be without visions and (science) fictions? (shrink)