The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

When Dylann Roof massacred nine people at Emanuel African Methodist Episcopal Church in Charleston, South Carolina, in June of 2015, he re-ignited a long-running debate over the appropriateness of having the flag of the American Confederacy fly over South Carolina’s state house. To many people of all races, it seems inconceivable why anyone would defend flying the Confederate flag over the state house. The flag obviously represents the Confederate States of America; it obviously highlights one of the most painful memories (...) in our nation’s history; furthermore, it obviously has a strong association with slavery and racism. If the flying of the flag celebrates dissent within the union, the death of Americans at each... (shrink)

This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

At first glance, Tommy Curry’s project in Another white Man’s Burden may seem like a strange undertaking. While American philosophers have been writing more frequently on Royce over the past decade, he remains a fairly peripheral figure. Those of us in Society for the Advancement of American Philosophy circles may be able to recognize terms like “Beloved Community” or “Loyalty to Loyalty” readily, but we would be hard-pressed to gain an audience for conversations about them at the American Philosophical Association’s (...) regional meetings. Royce rarely ends up on undergraduate syllabuses, and few people read Royce in the greater philosophical community. Royce is not Aristotle, Kant, or even Dewey. He is a... (shrink)

The term “principle of sufficient reason” (PSR) was coined by Leibniz, and he is often regarded as its paradigmatic proponent. But as Leibniz himself often insisted, he was by no means the first philosopher to appeal to the idea that everything must have a reason. Histories of the principle attribute versions of it to various ancient authors. A few of these studies include—or at least do not exclude—medieval philosophers; one finds the PSR in Abelard, another finds it in Aquinas. And (...) while Leibniz retains pride of place in these histories, Spinoza is sometimes said to precede him “in appreciating the importance of the Principle and placing it at the center of his philosophical system.” In this paper, the author argues that the same should be said of the Islamic philosopher Avicenna. Writing 600 years before his early modern counterparts, Avicenna routinely and consistently appeals to the PSR in generating his metaphysical system. The paper aims first to establish that Avicenna deserves a position of prominence in histories of the PSR, and then to consider how he addresses certain challenges to the PSR, especially the threat posed by necessitarianism. (shrink)

Exposition of Advaita based on selections from the Vedāntaparibhāsā by Dharmarājādhvarindra, 17th cent., Yatīndramatadīpikā by Śrīnivāsadāsa, 17th cent., and Śrībhāsya by Rāmānuja, 1017-1137; with profuse quotations.

Introduction The provision of abortion services in the Republic of Ireland is legally restricted. Recent legislation that has been implemented allows for abortion if there is a real and substantial risk to the woman's life, but in general Irish women must travel abroad for abortion services. The aims of this study were to investigate the clinical experiences of Irish obstetric non-consultant hospital doctors that work in this environment and to assess their attitudes towards termination of pregnancy. Methods We conducted an (...) online cross-sectional descriptive survey of 184 Irish obstetric NCHDs. Quantitate and qualitative analysis was performed. Results There was a 28% response rate. 88% of respondents thought that ToP should be permitted for fatal fetal abnormality if the parents choose, 96% if the woman's health is severely affected and 86% in cases of rape and incest. Over 90% of respondents believed a woman's health suffers because of the need to travel abroad to undergo a ToP. Physical, psychological and social reasons were explored. The research also highlights that obstetric trainees are actively involved in the provision of preabortion and postabortion care. Conclusions The clinical experiences and opinions of the respondents suggest that the current legal availability of abortion in Ireland is insufficient to guide best clinical practice and does not represent the views of those that provide obstetric care. (shrink)

After acquiring knowledge of the neuroscience of learning, memory, stress and emotions, teachers incorporate more cognitive engagement and student-centered practices into their lessons. However, the role understanding neuroscience plays in teachers own affective and motivational competencies has not yet been investigated. The goal of this study was to investigate how learning neuroscience effected teachers’ self-efficacy, beliefs in their ability to teach effectively, self-responsibility and other components of teacher motivation. A pilot training-of-trainers program was designed and delivered in Liberia combining basic (...) neuroscience with information on social, emotional, behavioral and mental health issues faced by students. Tier I of the professional development was a 2 weeks workshop led by a visiting neuroscientist. A subset of the 24 Tier I secondary science teachers formed a Leadership Team who adapted the content to the Liberian context and subsequently led additional workshops and follow-up sessions for the Tier II secondary science teachers. Science teachers in both tiers completed the affective-motivational scales from the internationally vetted, multiscale Innovative Teaching for Effective Learning Teacher Knowledge Survey from the OECD. Tier II teachers completed the survey in a pre-post-delayed post design. Tier I teachers completed the survey after the workshop with their attitudes at that time and separately with retrospective projections of their pre-workshop attitudes. Ten of the 92 Tier II teachers participated in structured interviews at follow-up. Statistical analysis of survey data demonstrated improved teacher self-efficacy, self-responsibility for student outcomes, and motivation to teach. Qualitatively, teachers expressed more confidence in their ability to motivate students, engage them through active learning, and manage the class through positive rather than negative reinforcement. Teachers’ own self-regulation improved as they made efforts to build supporting relationships with students. Together, these results demonstrated that (i) teacher affective-motivational attitudes can be altered with professional development, (ii) basic neuroscience, as knowledge of how students learn, can improve teacher competency, and (iii) a training-of-trainers model can be effective in a low and middle income country for disseminating neuroscience knowledge, increasing teachers’ knowledge of students’ social and emotional needs, and promoting educational improvement. (shrink)

Background:Attention to ethical leadership in nursing has diminished over the past several decades.Objectives:The aim of our study was to investigate how frontline nurses and formal nurse leaders envision ethical nursing leadership.Research design:Meta-ethnography was used to guide our analysis and synthesis of four studies that explored the notion of ethical nursing leadership.Participants and research context:These four original studies were conducted from 1999-2008 in Canada with 601 participants.Ethical considerations:Ethical approval from the original studies covered future analysis.Findings:Using the analytic strategy of lines-of-argument, we (...) found that 1) ethical nursing leadership must be responsive to practitioners and to the contextual system in which they and formal nurse leaders work, and 2) ethical nursing leadership requires receiving and providing support to increase the capacity to practice and discuss ethics in the day-to-day.Discussion and conclusion:Formal nurse leaders play a critical, yet often neglected role, in providing ethical leadership and supporting ethical nursing practice at the point of patient care. (shrink)

When The Sexual Politics of Meat: A Feminist-Vegetarian Critical Theory by Carol J. Adams was published more than twenty years ago, it caused a immediate stir among writers and thinkers, feminists and animal rights activists alike. Never before had the relationship between patriarchy and meat eating been drawn so clearly, the idea that there lies a strong connection between the consumption of women and animals so plainly asserted. But, as the 21 personal stories in this anthology show, the impact of (...) this provocative text on womens lives continues to this day, and it is as diverse as it is revelatory. One writer attempts to reconcile her feminist-vegan beliefs with her Muslim upbringing; a second makes the connection between animal abuse and her own self-destructive tendencies. A new mother discusses the sexual politics of breastfeeding, while another pens a letter to her young son about all she wishes for him in the future. Many others recall how the book inspired them to start careers in the music business, animal advocacy, and food. No matter whether they first read it in college or later in life, whether they are in their late teens or early forties, these writers all credit The Sexual Politics of Meat in some way with the awakening of their identities as feminists, activists, and women. Even if you havent read the original work, youre sure to be moved and inspired by these tales of growing up and, perhaps more important, waking up to the truths around us. (shrink)

The complex and dynamic nature of systems pose a particular challenge to researchers and require the use of a research methodology designed to deal with such systems. The properties of fit, relevance, understandability, generality, control, workability, generalizability, and modifiability make Glaserian grounded theory and grounded action particularly well suited for studying systems. These methods are innovative, systemic, and sophisticated enough to reveal the underlying complexities of systems and plan actions that address their complex, dynamic nature while remaining grounded in what (...) is occurring within the systems as they change over time. (shrink)

This article confronts the challenges and opportunities presented by medical-legal partnerships (MLPs) representing families impacted by the family regulation system. Based on the authors’ experience developing a collaboration between a medical-legal partnership, interdisciplinary law school clinic and nurse home visiting program focused on clients impacted by the family regulation system, the article challenges traditional conceptions of the MLP model and proposes an expanded vision for MLPs to address systemic injustice and improve outcomes for families.

Within the field of multispecies ethnography, a lingering question remains regarding how we can understand the nonhuman side of the human–nonhuman encounter. Many authors have ventured into this topic on a theoretical level, but none have proposed an effective methodological approach for how to achieve their goals. After examining the pitfalls experienced when acting as a volunteer at an animal shelter, I propose that in order to get closer to the feline gaze, we must first utilize an understanding of a (...) cat’s sensory capabilities. Recognizing that a cat’s subjectivities are necessarily mediated by their bodies, understanding how they perceive the world involves a sensory experiential methodology. Highlighting the many contributions of phenomenological frameworks along with their limitations, I argue that getting closer to the feline gaze means appreciating species differences rather than arguing for the shared qualities held across species. Because of the species barrier, an interdisciplinary approach must meld phenomenological with ethological methods to grasp the interspecies relationships created by the cat–human encounter. (shrink)

This article deals with the prospect of genetically enhancing intelligence. We identify and contrast social attitudes (disapproval) to the use of future genetic technology with social attitudes (approval) for environmental methods of enhancing intelligence. Using various forms of the argument that the means by which enhancement is achieved has moral significance, we look for differences that could justify the different attitudes. We find that the different attitudes cannot be ethically justified. We predict that the lack of ethical justification for distinguishing (...) between means of enhancement is likely to result in the eventual acceptance of genetic enhancement of intelligence. (shrink)

The concept of efficient causation originates with Aristotle, who states that the types of cause include ‘the primary source of the change or rest’. For Medieval Aristotelians, the scope of efficient causality includes creative acts. The Islamic philosopher Avicenna is an important contributor to this conceptual change. In his Metaphysics, Avicenna defines the efficient cause or agent as that which gives being to something distinct from itself. As previous studies of Avicenna's ‘metaphysical’ conception of the efficient cause attest, it takes (...) God as a model agent. This essay considers whether Avicenna's ‘metaphysical’ conception of the efficient cause applies to natural agents. It ultimately argues that Avicenna offers a unified view of the efficient cause, which includes both divine and natural agents. On this view, an efficient cause gives being to another and is simultaneous with its effect. While Avicenna's defence of this view is an important chapter in the history of the concept of the efficient cause, it is also of interest in its own right. By appeal to a version of the principle of sufficient reason, it challenges a widespread view that causes are temporally prior to their effects. (shrink)

Prominent consumer depression manuals issued in recent years circulate a standard depression script as scientific knowledge. The script, asserting that a broad spectrum of depressions are brain illnesses that require antidepressant treatment, is in fact highly contested among researchers. This paper reviews the logical problematics of these manuals, and how such discourse promotes the diagnosis and pharmaceutical treatment of behaviors ranging from mild symptoms to severe depression. In keeping with the trends of pharmaceutical advertising and State health policy, these manuals (...) encourage consumers to self-scrutinize risky behavior, and to treat common behavioral and mood distresses with antidepressants. Ultimately, these activities of self-management function to produce a more productive citizen population. (shrink)

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

The tragedy of the commons is a primary contributing factor in ensuring that humanity makes no serious inroads in averting climate change. As a recent Canadian politician pointed out, we could shut down the Canadian economy tomorrow, and it would make no measurable difference in global greenhouse gas emissions. When coordinated effort is required, it would seem that doing the “right thing” alone is irrational: it will harm oneself with no positive consequences as a result. Such is the tragedy. And (...) that is the challenge that we take up here. Though Garrett Hardin suggests that the solution is a governmental process that rules over all contenders, since a world government seems unlikely before the planet hits the tippy point, we suggest an educational initiative instead: one that holds a mirror up to the behaviour of individuals, rather than to the behaviour of individuals in groups. Such an educational initiative would be focused on priming individuals to keep constant track of what they do as individuals as opposed to focusing on the behaviour of humanity in general. Such an educational initiative would focus on tackling the “problem solvers” rather than just “the problem”. (shrink)

Current philosophical literature is saturated with the debate on biomedical enhancement, where bio-liberals and conservatives alike make compelling arguments for and against the enterprise. However, this literature is yet to consider the impact such enhancement would have on the individual’s actual lived experience. This article seeks to remedy that by situating the bioethics debate within the phenomenology of Maurice Merleau-Ponty, specifically theorising how biomedical enhancement of the physical kind would impact Merleau-Ponty’s notion of the body-subject. The central issue arises when (...) the reciprocal relationship between the physical body and phenomenal world (termed “body/world dynamic”) is shown to be off-balance because of the rapid rate at which human beings continue to “enhance” their environment. In this, we see that the development of the world has outweighed that of the body to the extent that we, as body-subjects, have become maladapted to the place we call home. This article will suggest that we can attempt to resolve this by restoring the balance of the body/world dynamic with “restrictive” enhancement, thereby providing an ethical justification for the pursuit of the enterprise. (shrink)

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

There is a moment when every child leaves color-blindness behind & enters the world of race consciousness. At that moment, there are two roads parents, educators, & therapists can take: they can follow the status quo, internalizing racial expectations, & become-consciously or unconciously-part of the problem. Or, they can question stereotypes, &, actively work against racism to become part of the solution. This book provides the tools we all need to become part of the solution. Beginning with racial segregation in (...) an integrated school situation, this book explores race relations & the development of racial identity from many different viewpoints. (shrink)

Although ethical leadership by formal nurse leaders is critical to enhancing ethical health-care practice, research has shown that many nurses feel unsupported by their leaders. In this article, we consider the limited attention directed toward ethical leadership of formal nurse leaders and how our own research on ethical nurse leadership compares to other research in this field. In searching Nursing Ethics since its inception 20 years ago, we found only a dozen articles that directly addressed this topic. We then reviewed (...) nurses’ professional codes of ethics in Canada and found significant retractions of ethical guidelines for formal nurse leaders’ ethical responsibilities over the past decade. We began to seek explanations of why this is so and offer some recommendations for the study and enhancement of ethics for formal nurse leadership. (shrink)

With the rise of place-based models of education, credence needs to be given to epistemological traditions that curate individual understandings of and relations to the social world (i.e., places). The epistemological traditions that have been shared across generations of North American settler colonialists are at the center of this article. The dominant epistemology of settler society provides racialized, anthropocentric, and capitalistic understandings of places. Relations to place are cultivated through particular conceptions of nature, private property, and personhood, which remain at (...) the epistemic foundation of Western society. These conceptions are concomitant to modes of domination like white supremacy and settler colonialism, and ultimately constitute an ideal white male settler actor. This article suggests that place-based education carries the potential to offer epistemic resistance to domination, but first needs to engage in a more comprehensive understanding of settler traditions of place. (shrink)

The current study examined youths’ and their parents’ perceptions concerning participation in an investigation of spontaneous and induced pain during recovery from laparoscopic appendectomy. Youth and their parents independently completed surveys about their study participation. On a scale from 0 to 10, both parents and youth rated their experience as positive. Among youth, experience ratings did not differ by pain severity and survey responses did not differ by age. Most youth reported that they would tell another youth to participate. Ethical (...) issues regarding instigation of pain in youth for research purposes are examined. (shrink)