Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...) D the defendant. It is brought, as the Americans properly have it, by ‘the People’, or by ‘the Commonwealth’, against the defendant. This is a useful way in which to think about crimes and criminalisation. This chapter tries to develop this conception of public wrongs a little further, which also involves complicating it more than a little. It works from a version of liberal communitarianism that rejects the metaphysical version of the individualist's ‘unencumbered self’; but the account sketched here should be compatible with all but the most radically individualist kinds of liberal theory. (shrink)

The shift from a welfarist to a retributivist perspective on crime, which is one of the themes of David Garland?s book, has brought with it a renewed emphasis on the victims of crime and their rights. This shift in emphasis, I suggest, raises questions about the way we think of the relationship between individual citizens and between citizens and the state. Different political theories will produce different accounts of this relationship and hence different ways of characterising the status and role (...) of victims in the criminal process. In this paper then I sketch a roughly communitarian view of the citizen relationship as a context for an account of the status of victims. Thus, I argue, we need to consider not just the expectations that victims rightly have that they have rights which should to be recognised in the criminal process but also their duties as participants. Duties which require them to bear witness in calling offenders to account. This gives victims an active role in the criminal process but one that may come at a price since it might require victims to be subjected to greater scrutiny in the process of a criminal trial than they might find bearable. (shrink)

ABSTRACT A patient whose case notes had been used, without her permission, during a disciplinary inquiry on the conduct of Wendy Savage (her obstetrician) complained that this was a breach of confidentiality. Her complaint cannot be understood as based on a concern about the possible adverse consequences of this use of the notes: rather, her concern was just with the fact that medical information about her had been made known to others. My concern is with the meaning and status of (...) the right to privacy, to which the Savage patient appealed. Such a right cannot be reduced to a property right, since this cannot capture what concerned the Savage patient. A proper understanding of what lies behind her complaint requires us to recognise the way in which facts about oneself—in this case facts about one's body—are intimately bound up with one's self, with one's identity, and thus with one's autonomy. What kinds of fact, and thus what conception of the self, are involved in such a conception of privacy need not everywhere be the same; the crucial point is that privacy and the self are concepts which, whatever their particular content, are internally related [1]. (shrink)

We prove a number of results on the determinacy of σ-projective sets of reals, i.e., those belonging to the smallest pointclass containing the open sets and closed under complements, countable unions, and projections. We first prove the equivalence between σ-projective determinacy and the determinacy of certain classes of games of variable length <ω^2 (Theorem 2.4). We then give an elementary proof of the determinacy of σ-projective sets from optimal large-cardinal hypotheses (Theorem 4.4). Finally, we show how to generalize the proof (...) to obtain proofs of the determinacy of σ-projective games of a given countable length and of games with payoff in the smallest σ-algebra containing the projective sets, from corresponding assumptions (Theorem 5.1, Theorem 5.4). (shrink)

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

Demographic differences among consumer groups have become increasingly important to the development of marketing strategies. Marketers depend heavily on the sales force to implement strategies at the consumer level and, not surprisingly, different groups may view the salesperson’s role differently. Unfortunately, unethical sales practices targeted at various consumer groups, and especially at seniors, have been utilized as well. The purpose of this study is to provide initial empirical evidence of the ethical ideological make-up of four age segments outlined by Strauss (...) and Howe (1991, Generations: The History of America’s Future 1584–2069, Morrow, New York) and to examine the propensity for these groups (seniors, in particular) to respond differentially to potentially unethical sales tactics. Data were collected from 179 respondents representing the four generational age groups. MANOVA revealed that the seniors in this study were distinct with respect to ethical ideology and less accepting of unethical sales tactics. Managerial implications are discussed for sales organizations to maximize their effectiveness across consumer groups. (shrink)

We determine the consistency strength of determinacy for projective games of length ω^2. Our main theorem is that $\Pi _{n + 1}^1$-determinacy for games of length ω^2 implies the existence of a model of set theory with ω + n Woodin cardinals. In a first step, we show that this hypothesis implies that there is a countable set of reals A such that M_n(A), the canonical inner model for n Woodin cardinals constructed over A, satisfies $A = R$ and the (...) Axiom of Determinacy. Then we argue how to obtain a model with ω + n Woodin cardinal from this. We also show how the proof can be adapted to investigate the consistency strength of determinacy for games of length ω^2 with payoff in $R^R\Pi _1^1$ or with σ-projective payoff. (shrink)

Let Mn♯ denote the minimal active iterable extender model which has n Woodin cardinals and contains all reals, if it exists, in which case we denote by Mn the class-sized model obtained by iterating the topmost measure of Mn class-many times. We characterize the sets of reals which are Σ1-definable from R over Mn, under the assumption that projective games on reals are determined:1. for even n, Σ1Mn=⅁RΠn+11;2. for odd n, Σ1Mn=⅁RΣn+11.This generalizes a theorem of Martin and Steel for L, (...) that is, the case n=0. As consequences of the proof, we see that determinacy of all projective games with moves in R is equivalent to the statement that Mn♯ exists for all n∈N, and that determinacy of all projective games of length ω2 with moves in N is equivalent to the statement that Mn♯ exists and satisfies AD for all n∈N. (shrink)

Since I do not disagree with the line of argument taken by Kramer and the distinctions he draws between the different ways rules can be ‘mind-independent’, my comments focus on some of the complexities involved in the application of his distinctions. I suggest that law, properly understood as a system of rules/conventions is both existentially and observationally weakly mind independent, but nonetheless objective.

This multidisciplinary volume documents the resurrection of the importance of narrative to the study of individuals and groups and argues that narrative may become a lingua franca of future debates in the human sciences.

Romanticism is recognized as a wellspring of modern-day environmental thought and enthusiasm for nature-preservation, but the character of the affinities between the two is less well understood. Essentially, the Romantics realised that nature only becomes a matter for ethical concern, inspiration and love when the mind and sensibility of the human observer/agent are properly attuned and receptive to its meaning. That attunement involves several factors: a more appropriate scientific paradigm, a subtler appreciation of the impact that the setting of human (...) dwelling, especially landscape, may have on character; the discovery of 'life' and spontaneity as a motif in science and art; a deeper and more complex sense of time; and a feel for place drawn from the life-world rather than physics or economics. Romanticism invented a new language and set of descriptions to illuminate all of these things, one we neglect or forget at our peril. (shrink)

The target article misrepresents the foundations of integrated information theory and ignores many essential publications. It, thus, falls to this lead commentary to outline the axioms and postulates of IIT and correct major misconceptions. The commentary also explains why IIT starts from phenomenology and why it predicts that only select physical substrates can support consciousness. Finally, it highlights that IIT's account of experience – a cause–effect structure quantified by integrated information – has nothing to do with “information transfer.”.

Drawing from a four-year study of US science institutions that support biological control of arthropods, this article examines the decline in biological control institutional capacity in California within the context of both declining public interest science and declining agricultural research activism. After explaining how debates over the public interest character of biological control science have shaped institutions in California, we use scientometric methods to assess the present status and trends in biological control programs within both the University of California Land (...) Grant System and the California Department of Food and Agriculture. We present available data on the number of scientific positions and the types of positions to discuss the impact on the amount of public interest research on biological control in California. We use sociograms to depict how biological control science networks have been reconfigured over time. Our quantitative and qualitative analyses indicate that the following factors contributed to the decline of biological control science in California over the 45-year period analyzed: (1) the institutional reconfiguration of university research priorities; (2) the fraying networks within and increasing specialization of biological control science; (3) the transformation of the social organization of the life science work, including privatization; and (4) the abandonment of this thematic area by civil society activist groups. This broad array of forces suggests that biological control, as a public interest science, will require a deliberate intervention, based on advocacy of clear public interest criteria. (shrink)

Phenomenology has proved to be a popular methodology for nursing research. I argue, however, that phenomenological nursing research could be strengthened by greater attention to its philosophical underpinnings. Many research reports devote more page space to procedure than to the philosophy that purportedly guided it. The philosophy of Maurice Merleau‐Ponty is an excellent fit for nursing, although his work has received less attention than that of Husserl and Heidegger. In this paper, I examine the life and thought of Merleau‐Ponty, with (...) emphasis on concepts, such as perception, intentionality and embodiment, which have particular relevance to the discipline of nursing. (shrink)

The Noctes Atticae, written by Aulus Gellius in the mid-second century, is a collection of short chapters dealing with a great variety of topics including philosophy, history, law, grammar, and literary criticism. In this reissue there is a complete re-examination of the codices, the first since the nineteenth-century.

Aulus Gellius, who lived in Rome un the mid-second century AD, wrote his Noctes Atticae in twenty books; of this most survives and only lacks the beginning, end, and all of book 8 bar the chapter headings. The work is a collection of end, and all of book 8 bar the chapter headings. The work is a collection of mainly short chapters dealing with a great variety of topics including philosphy, history, law, grammar, and literary criticism. Gellius began collecting the (...) material while a student in Athens, and assembled it later in life with the specific purpose of entertaining and instructing his own children.The manuscripts of Gellius have not been examined since the middle of the nineteenth century. this new edition presents a complete reexamination of the codices, several of which are earlier than previous editors have thought. Full collations are provided for numerous fragmentary citations in the text, in the hope that they will allow a more accurate treatment of these fragments. In Books 9-20 the readings of the newly discovered ninth century manuscript F are presented, on the basis of which the editor attempts to offer a new criterion for deciding between variant readings. (shrink)

The concept of organizational justice is important to understanding and predicting organizational behavior. A significant development in the research literature has been the separation of distributive and procedural justice. While much of the research has focused on negative outcomes, this research attempted to verify the presence of both forms of justice in the context of positive outcomes. Subjects completed an instrument designed to measure their perceptions of distributive and procedural justice. The subjects also reported their satisfaction and sense of fairness (...) with their salary increases, their belief that the procedures to award the increases had been followed, and their level of information and agreement regarding the salary program. These measures, along with size of salary increase and gender were examined to determine their impact on the subjects' perceived level of justice. The data support the existence of the two distinct forms of justice, but suggest that procedural justice may, in turn, branch out into two aspects. One category involves being informed, and a second appears to deal with acceptance of procedures. A series of relationships are then considered. Significant gender effects were non-existent. (shrink)

This study uses a “science pipeline” model and cross-national data to examine women's participation in science education and occupations in seven countries. Gender stratification in later science education and in science occupations is found in every country examined. Young women's participation in science education decreases with each stage in the science pipeline, but there is considerable cross-national variation in the extent of gender stratification in science. Findings show greater gender stratification in science occupations than in science education, suggesting factors other (...) than training help maintain inequality in high-status science occupations. (shrink)

Drawing on William F. Ogburn's cultural lag thesis, an inherent conflict is proposed between the rapid speed of modern technological advances and the slower speed by which ethical guidelines for utilization of new technologies are developed. Ogburn's cultural lag thesis proposes that material culture advances more rapidly than non-material culture. Technology is viewed as part of material culture and ethical guidelines for technology utilization are viewed as an adaptive aspect of non-material culture. Cultural lag is seen as a critical ethical (...) issue because failure to develop broad social consensus on appropriate applications of modern technology may lead to breakdowns in social solidarity and the rise of social conflict. Reasons for cultural lag between technology and ethics include the social structural and market conditions under which each are developed. The thesis is illustrated by reviews of technological trends involving computer-telecommunications electronics and bio- genetic engineering, and the implications of these and other technologies for privacy rights, electronic commerce, control of essential resources and social definitions of life are discussed. (shrink)