This is a review essay of Lagasnerie, Judge and Punish and Fassin, The Will to Punish. It explores the way that these two books challenge conventional thinking about the relationship between crime and punishment.

The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is (...) recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. (shrink)

Volume 10, Issue 1, March 2019, Page 110-113.

This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer (...) is able to develop a critique of modern criminal law theory in general. He traces the development of the modern characteristics of criminal law and legal order, tracing the relationship between legal practice and national culture, and showing how contemporary criminal law theory fundamentally misrepresents the character of modern criminal justice. (shrink)

The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.

Paul D. Halliday: Habeas Corpus. From England to Empire Content Type Journal Article Category Book Review Pages 1-3 DOI 10.1007/s11572-012-9141-5 Authors Lindsay Farmer, University of Glasgow, Glasgow, Scotland, UK Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving students and the (...) subject adrift. It picks up mid-range concepts such as rights, sovereignty, and adjudication and charts their interrelation and uses in law and legal theory. The approach taken to the subject is an interdisciplinary one, and involves making linkages with contemporary issues in political and social theory, such as the changing role of the state, forms of dispute resolution and the courts. It also addresses topics not normally covered, or covered only indirectly in other jurisprudence textbooks, such as globalisation and legal culture. Its coverage is therefore broad and links legal, political, philosophical, and social analysis. (shrink)

Attempts to democratize the food system and make it more equitable through food sovereignty take many forms across space. In Cuba, food sovereignty is perceived as the promotion of small-scale farming methods informed by agroecology and permaculture. However, these practices are mediated by discourses of self-sufficiency in the context of the US blockade. Simultaneously, in Basque country, Spain, food sovereignty shapes community-supported agriculture initiatives, farmer union and cooperative-based work, and a deep appreciation for regional foods. In this context, food (...) sovereignty is perceived as part of the struggle to maintain Basque identity and autonomy. In this paper, I discuss how food sovereignty is defined and understood by outside actors who traveled to either Cuba or Basque country to understand how food sovereignty is being practiced in place. As educators, farmers, students, retirees, farmworker organizers, and activists meet in these spaces, I ask how do definitions of food sovereignty differ? I argue that food sovereignty ‘sits in places’ and travelers have difficulty discerning what food sovereignty is when confronted with unfamiliar practices. Findings suggest that such educational tourism is an attempt to create a meaningful space for dialogue about food sovereignty and as a touchstone it offers opportunities for participant discussions, however, understandings of food sovereignty are subject to confusion and alternate conceptions and thus, do not always travel well. (shrink)

This book is a collection consisting of an introduction and nine essays that explore foundational aspects of criminal law. As the introduction makes clear, the book is eclectic and the essays can be classified under three main headings. The first group of essays explores the political constitution of criminal law as part of the institutional structure of the state. The second group of essays investigates the question of the authority of criminal law and its potential to create reasons for action. (...) The third group deals with transnational and international criminal law. The essays are primarily normative but they also contain historical and sociological discussions. The book will therefore be of interest to criminal lawyers, political and legal philosophers, political scientists and policy-makers. I will review separately some of the essays.Nicola Lacey’s essay, “What Constitutes Criminal Law?,” touches upon the fundamental question of criminal law: the question of legitimation. Lacey ap .. (shrink)

All five elements live within you, and experiences like heartache, anxiety, and procrastination are signs that one of them is out of balance. This beginner-friendly book introduces you to each of the elements--Water, Wood, Fire, Earth, and Metal--and shows you how to use them to improve your mental, emotional, and spiritual health. In Our Element weaves together Eastern medicine, Western psychology, Indigenous traditions, and African ancestral principles of spirituality. With a practical approach that incorporates journal prompts, flower essences, yoga poses, (...) and music, Lindsay Fauntleroy teaches you how to tap into the five elements for a balanced and empowered life that aligns with your soul's calling. (shrink)

This book provides a unique introduction for business leaders to the philosophical lexicon of classical and contemporary ideas—for and against—that are relevant to business and those destined to lead it. Rather than presenting the reader with a ‘philosophy of leadership’ the author uses his experiences in academia and as a leader in business to illustrate the practical application of philosophical ideas and methodologies covering the art and science of being a business leader: motivating stakeholders to deliver the initial phase of (...) a business plan for a new product or service; processing information (and risky ‘hidden-information’) that brings the company vision into reality; and ethically managing relationships to enhance the quality of decision-making and its outcomes. Creative aspiration, knowledge and ethical character are the three pillars of leadership. Within that construct, this book challenges leaders to seek their own path to self-development inspired by ideas that shape the ecology of capitalism and the opportunities it provides stakeholders to endow meaning and dignity to their lives through their participation in business. (shrink)

This paper seeks to answer the question: Can contemporary forms of artificial intelligence be creative? To answer this question, I consider three conditions that are commonly taken to be necessary for creativity. These are novelty, value, and agency. I argue that while contemporary AI models may have a claim to novelty and value, they cannot satisfy the kind of agency condition required for creativity. From this discussion, a new condition for creativity emerges. Creativity requires curiosity, a motivation to pursue epistemic (...) goods. I argue that contemporary AI models do not satisfy this new condition. Because they lack both agency and curiosity, it is a mistake to attribute the same sort of creativity to AI that we prize in humans. Finally, I consider the question of whether these AI models stand to make human creativity in the arts and sciences obsolete, despite not being creative themselves. I argue, optimistically, that this is unlikely. (shrink)

In this paper I articulate a view of doxastic control that helps defend the legitimacy of our practice of blaming people for their beliefs. I distinguish between three types of doxastic control: intention-based, reason-based, and influence-based. First I argue that, although we lack direct intention-based control over our beliefs, such control is not necessary for legitimate doxastic blame. Second, I suggest that we distinguish two types of reason-responsiveness: sensitivity to reasons and appreciation of reasons. I argue that while both capacities (...) are necessary for satisfying the control condition, neither is sufficient. Finally, I defend an influence-based view of doxastic control according to which we have the capacity to execute intentions to engage in reflection that causally influences our beliefs in positive epistemic ways. This capacity is both necessary and sufficient for satisfying the control condition for legitimate doxastic blame. I end by defending the view from two objections: that reflection is not necessary for meeting the control condition, and that it is not sufficient. (shrink)

South African Military Professionalism: Some Critical Observations and Threats -- Threats to Professionalism in the United States Military -- Higher Education and the Profession of Arms: Explaining the Logic -- Military Professionalism -- An Organizational Challenge by Itself -- The Challenge of Maintaining Military Professionalism in the Face of Transformation: The Indonesian Army Experience -- Threats and Opportunities for Military Professionalism from Social Media -- The Profession of Arms and the Promotion of Ethics: The profession of Arms and the Challenge (...) of Ethics -- The New Economic Togetherness: Globalization of Economics and Some Implications for Security and the Military Profession -- Displaced Pride: Attacking Cynicism at the United States Air Force Acedemy -- Military Professionalism of the Swedish Armed Forces in the 21st Century -- The Dynamic Five-Factor Model as a Compass for Military Professionalism: A Comparison Between Switzerland and the Netherlands -- Complacency: A Threat to (Canadian) Military Professionalism. (shrink)

Lindsay Judson and Vassilis Karasmanis present a selection of philosophical papers by an outstanding international team of scholars, assessing the legacy and continuing relevance of Socrates's thought 2,400 years after his death. The topics of the papers include Socratic method; the notion of definition; Socrates's intellectualist conception of ethics; famous arguments in the Euthyphro and Crito; and aspects of the later portrayal and reception of Socrates as a philosophical and ethical exemplar, by Plato, the Sceptics, and in the early (...) Christian era. Contributors include Lesley Brown, David Charles, John Cooper, Michael Frede, Terence Irwin, Charles Kahn, Vassilis Karasmanis, Carlo Natali, Vasilis Politis, Dory Scaltsas, Gerhard Seel, and C. C. W. Taylor. (shrink)

Despite recognizing the importance of developing authentic corporate social responsibility (CSR) programs, noticeably absent from the literature is consideration for how employees distinguish between authentic and inauthentic CSR programs. This is somewhat surprising given that employees are essentially the face of their organization and are largely expected to act as ambassadors for the organization’s CSR program (Collier and Esteban in Bus Ethics 16:19–33, 2007 ). The current research, by conducting depth interviews with employees, builds a better understanding of how employees (...) differentiate between authentic and inauthentic CSR programs, and how these judgments influence their perceptions of the organization. We find that employees rely on two different referent standards to form authenticity judgments—the extent to which the image put forth in the CSR program aligns with the organization’s true identity and the extent to which the CSR program itself is developmental. To assess the former, employees draw on cues about resource commitment, alignment between elements of the organization’s CSR program, emotional engagement, justice, and embeddedness. The latter assessments are based on the extent to which the organization adopts a leadership role with regards to its CSR initiatives. We also find that perceived authenticity can lead to positive outcomes such as organizational identification and employee connections. This study contributes to the broad literatures on both CSR and authenticity, as well as more specifically adding to the conversation on authenticity as a potentially valuable lens for enriching business ethics theorizing. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

THE PHILOSOPHY OF BERGSON CHAPTER I INTRODUCTION In a passage of the Critique of Pure Reason Kant remarks that " It is a great and essential proof of ...

The patient, an 89-year-old man—let’s call him Mr. Smith—had no known relatives, friends, or advance directives. He was a bright man and served as a scientist in the Reagan administration.

Little is known about the mechanisms by which psychology graduate programs transmit responsible conduct of research (RCR) values. A national sample of 968 current students and recent graduates of mission-diverse doctoral psychology programs completed a Web-based survey on their research ethics challenges, perceptions of RCR mentoring and department climate, whether they were prepared to conduct research responsibly, and whether they believed psychology as a discipline promotes scientific integrity. Research experience, mentor RCR instruction and modeling, and department RCR policies predicted student (...) RCR preparedness. Mentor RCR instruction, department RCR policies, and faculty modeling of RCR behaviors predicted confidence in the RCR integrity of the discipline. Implications for training are discussed. (shrink)

In this paper, I solve a puzzle generated by three conflicting claims about the relationship between faith, belief, and control: according to the Identity Thesis, faith is a type of belief, and according to Fideistic Voluntarism, we sometimes have control over whether or not we have faith, but according to Doxastic Involuntarism, we never have control over what we believe. To solve the puzzle, I argue that the Identity Thesis is true, but that either Fideistic Voluntarism or Doxastic Voluntarism is (...) false, depending on how we understand "control." I distinguish two notions of control: direct intention-based control and indirect reflective control. I argue that though we have direct intention-based control over neither belief nor faith, we have indirect reflective control over each of them. Moreover, indirect reflective control helps explain how we can be held accountable for each. (shrink)

Some philosophers argue that friendship can normatively require us to have certain beliefs about our friends that epistemic norms would prohibit. On this view, we ought to exhibit some degree of doxastic partiality toward our friends, by having certain generally favorable beliefs and doxastic dispositions that concern our friends that we would not have concerning relevantly similar non-friends. Can friendship genuinely make these normative demands on our beliefs, in ways that would conflict with what we epistemically ought to believe? On (...) a widely influential evidentialist approach to thinking about epistemic norms, friendship cannot normatively require things of our beliefs, because friendship cannot generate reasons for belief. And this is due, in part, to the alleged fact that we are incapable of forming beliefs directly in response to, or on the basis of, non-epistemic reasons. In this paper, I argue that this evidentialist response to alleged cases of conflict between friendship and epistemic norms fails. Instead, I argue that friendship cannot generate reasons for belief due to an underappreciated feature of friendship: that being a good friend constitutively involves forming attitudes about one’s friends that are appropriately responsive to the features that one’s friends have that appear to warrant those attitudes. I argue that this feature of friendship helps explain why friendship cannot give us reasons to have beliefs that are doxastically partial. (shrink)

Chaque jour, les professionnels de la santé doivent prendre des décisions dans des environnements complexes où s'affrontent de multiples normes qu'il n'est pas toujours facile de départager ni de mettre au clair afin de prendre une décision éclairée. Pourtant, les modèles de prise de décision dont disposent actuellement les éthiciens cliniques ou les comités de bioéthique comportent souvent des lacunes lorsqu'il s'agit d'aborder des problèmes à plusieurs niveaux (micro, méso et macro). Les décisions reposent ainsi trop souvent sur l'intuition plutôt (...) que sur une démarche systématique rigoureuse et facilement reproductible. Afin de pallier la situation, cet ouvrage fournit des outils théoriques et pratiques facilitant la prise de décision. Fondé sur l'étude collective d'un cas complexe ayant trait aux dimensions tragiques des choix éthiques en fin de vie (doit-on ou non administrer un médicament coûteux pour le traitement d'un cancer au stade avancé?), il réunit les contributions de plusieurs experts reconnus travaillant dans le système de santé (cliniciens, éthiciens, chercheurs, gestionnaires et décideurs publics). En raison de l'actualité des enjeux qui y sont traités et de la qualité des textes qui y sont rassemblés, cet ouvrage sera un outil pédagogique efficace pour les étudiants, les enseignants et les professionnels de la santé et aura certainement une incidence importante sur le mode de prestation des soins. (shrink)

What is it to suspend judgment about whether p? Much of the recent work on the nature and normative profile of suspending judgment aims to analyze it as a kind of doxastic attitude. On some of these accounts, suspending judgment about whether p partly consists in taking up a certain higher-order belief about one's deficient epistemic position with respect to whether p. On others, suspending judgment about whether p consists in taking up a sui generis attitude, one that takes the (...) question of whether p? as its content. In this paper, I defend an account on which suspending judgment about whether p is not a matter of taking up a doxastic attitude, but rather a way of intentionally omitting to judge whether p. I then close with a discussion of how an account like mine, which sees suspending judgment as fundamentally practical, rather than doxastic, can accommodate what appear to be distinctively epistemic reasons to suspend judgment. (shrink)

Explaining how something is possible is a familiar and epistemically important achievement in both science and ordinary life. But a satisfactory general account of how-possibly explanation has not yet been given. A crucial desideratum for a successful account is that it must differentiate a demonstration that something is possible from an explanation of how it is possible. In this paper, I offer an account of how-possibly explanation that fully captures this distinction. I motivate my account using two cases, one from (...) ordinary life and one from ornithology. On my account, a how-possibly explanation is a greater achievement than a mere description of how a state of affairs might possibly obtain. In addition to being a potential explanation of why some state of affairs actually obtains, a how-possibly explanation must involve the relief of an imaginative frustration on the part of its recipient. When a recipient’s imaginative frustration is relieved, she does not just know that the state of affairs in question is possible, but is also able to imagine how it could possibly obtain. (shrink)

All health care systems face problems of justice and efficiency related to setting priorities for allocating a limited pool of resources to a population. Because many of the central issues are the same in all systems, the United States and other countries can learn from the successes and failures of countries that have explicitly addressed the question of health care priorities. We review explicit priority setting efforts in Norway, Sweden, Israel, the Netherlands, Denmark, New Zealand, the United Kingdom and the (...) state of Oregon in the US. The approaches used can be divided into those centered on outlining principles versus those that define practices. In order to establish the main lessons from their experiences we consider the process each country used, criteria to judge the success of these efforts, which approaches seem to have met these criteria, and using their successes and failures as a guide, how to proceed in setting priorities. We demonstrate that there is little evidence that establishment of a values framework for priority setting has had any effect on health policy, nor is there evidence that priority setting exercises have led to the envisaged ideal of an open and participatory public involvement in decision making. (shrink)

In recent years, several prominent biologists have pointed to the relatively new field of evolutionary developmental biology (EvoDevo) as evidence of an Extended Synthesis in evolutionary biology. More particularly, these biologists claim that theoretical and empirical EvoDevo research is extending the Modern Synthesis framework of evolutionary theory through investigation of evolutionarily important concepts that are not part of the framework developed during the 20th century. To describe the current changes in evolutionary biology as an Extended Synthesis, however, is incorrect. Through (...) review of Extended Synthesis arguments and analysis of the same biological concepts used to support these arguments, I argue that the foundation of the Modern Synthesis framework, theoretical population genetics, faces significant, perhaps insurmountable challenges from the concepts highlighted by EvoDevo research. As the foundation of the Modern Synthesis framework will require considerable remodeling—if possible—in light of the concepts emphasized by EvoDevo, it is incorrect to describe the ongoing changes in evolutionary biology as an Extended Synthesis. (shrink)

In recent years, several prominent biologists have pointed to the relatively new field of evolutionary developmental biology as evidence of an Extended Synthesis in evolutionary biology. More particularly, these biologists claim that theoretical and empirical EvoDevo research is extending the Modern Synthesis framework of evolutionary theory through investigation of evolutionarily important concepts that are not part of the framework developed during the 20th century. To describe the current changes in evolutionary biology as an Extended Synthesis, however, is incorrect. Through review (...) of Extended Synthesis arguments and analysis of the same biological concepts used to support these arguments, I argue that the foundation of the Modern Synthesis framework, theoretical population genetics, faces significant, perhaps insurmountable challenges from the concepts highlighted by EvoDevo research. As the foundation of the Modern Synthesis framework will require considerable remodeling—if possible—in light of the concepts emphasized by EvoDevo, it is incorrect to describe the ongoing changes in evolutionary biology as an Extended Synthesis. (shrink)

Entanglement theory posits that the interrelationship of humans and objects is a delimiting characteristic of human history and culture. This edited volume of original studies by leading archaeological theorists applies this concept to a broad range of topics, including archaeological science, heritage, and theory itself. In the theoretical explications and ten case studies, the editors and contributing authors: build on the intersections between science, humanities and ecology to provide a more fine-grained, multi-scalar treatment emanating from the long-term perspective that characterizes (...) archaeological research; bring to light the subtle and unacknowledged paths that configure historical circumstances and bind human intentionality; examine the constructions of personhood, the rigidity of path dependencies, the unpredictable connections between humans and objects and the intricate paths of past events in varied geographic and historical contexts that channel future actions. This broad focus is inclusive of early complex developments in Asia and Europe, imperial and state strategies in the Andes and Mesoamerica, continuities of postcolonialism in North America, and the unforeseen and complex consequences that derive from archaeological practices. This volume will appeal to archaeologists and their advanced students. (shrink)

Life is short, and it can be sweet. Contemplating death is looking into a mirror that allows us to see these simple facts clearly, as if for the first time. We have every reason to believe that we have but one life to live--and no good reasons to believe otherwise--and death marks the termination of each life. Examining this reality opens doors to understanding ourselves, each other, connection, love, and life itself in an entirely new way. Life in Light of (...) Death is a short exploration on the sweetness available to every person and the importance of the opportunity that living is. By looking at life as reflected by death, we can see what really matters and how best to live. (shrink)