This paper compares two versions of the diminished responsibility defence, which reduces murder to manslaughter: the present statutory formulation and a proposed reformulation. The comparison confirms that evidence such as psychiatrists are commonly invited to give in murder cases takes them beyond their proper role. Paradoxically, although the two formulations mean essentially the same thing, the proposed change of wording must have the practical effect of subduing the psychiatrist's evidence. This conclusion leads to speculation about why psychiatrists are at present (...) allowed so large a function in diminished responsibility cases and to some general observations about the role of the expert in relation to those of judge and jury. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 145 Luther on Thomas Aquinas: The Angelic Doctor in the Thought of the Reformer. By DENIS R. JANZ. Veroffentlichungen des Instituts fiir Europiiische Geschichte Mainz, Abt. Religionsgeschichte, Bd. 140. Stuttgart: Franz Steiner Verlag, 1989. Pp. ii + 124. DM 38 {cloth). As Denis Janz, specialist in the late medieval context of Luther's thought (Luther and Late Medieval Thomism, 1983), points out in the "Prospectus," a study of (...) Luther's understanding of Thomas has an inherent appeal, for, " rightly or wrongly, Thomas and Luther are inevitably regarded as the standard-bearers of Roman Catholicism and Protestantism" {p. 1). The recent completion of the necessary critical indices has made the task possible, and the result is a fine and necessary contribution to the work of all scholars interested in the thought of these two pivotal Christian thinkers. The method of Janz is straightforward: assemble the references to Thomas in Luther's works, organize them into appropriate categories, exegete their meanings, and discern important tendencies or perspectives common to these texts. Then "the accuracy of Luther's understanding and the cogency of his critique " can be evaluated from the perspective of twentieth cenrtury historical knowledge {p. 2). Janz recognizes that there are significant hermeneutical difficulties inherent in such a study and that any evaluation " may well imply a notion of history as progress, perhaps even a confidence in the intellectual superiority of modernity over the past " (p. 3). The result bears out the soundness of his approach. Chapter I examines "Luther on the Person of Thomas." Luther, sharing in and contributing to his time's distinctive theological polemic, had no shortage of epithets for Thomas, from " Sophist " to " beggarly paunch " {p. 4). The remarkable thing is the surprising number of complimentary things he has to say. At different times of his career Luther referred to Thomas as " this holy man " or " a man of ' great genius '... woefully misunderstood " {p. 5). A most interesting example is the different uses he makes of a story of Thomas's struggle with despair when near death, when Thomas faced his Anfechtung by holding the Bible and saying "I believe what is in this book" (p. 8). Sometimes Luther cites it as an example of the weakness of implicit faith; but other times he makes no critical comment on Thomas, and the story implies the victory of faith over despair. These different uses show the ambiguity of Luther's attitude toward Thomas as a person, and what in balance seems to be " grudging respect " for an " example of how great persons can at the same time be seriously mistaken " (p. 10). 146 BOOK REVIEWS Chapter U, which comprises the bulk of the hook, carefully examines the substantive issues on which Luther mentions and responds to Thomas: experience, the use of Aristotle, Scripture, penance and indulgences, the Lord's Supper, monasticism, justification, law, baptism, angels, papal authority, purgatory, and the veneration of images. On some of these issues Janz sees only a minor critique of Thomas by Luther and sometimes little real difference between their positions. Both Luther and Thomas give primacy to the literal sense of Scripture, and "both teach that the Church and theology stand under the authority of Scripture" (p. 30). On this question Luther's critique has more to do with the Thomists than Thomas. In regard to penance and indulgences Luther criticizes Thomas's view, though here again there is distortion of Thomas by the Thomists, which Luther correctly suspects (pp. 44-45). Though Luther disagrees with Thomas's understanding of the Lord's Supper, he feels Thomas was entitled to his opinion; what he cannot bear is how Thomas has been raised " to the level of an infallible teacher," with his opinions transformed "into articles of faith" (p. 48). Justification, the heart of Luther's thought, is "a relatively insignificant issue " in his critique of Thomas, as Luther eventually comes to understand better the key place Thomas gave grace (pp. 60, 61). Luther sees Christ as the " abrogation " of the law and criticizes Thomas for not seeing it this way; however, this is a linguistic misunderstanding of Thomas, probably based on Gabriel Bicl's teaching, so that Thomas and Luther are... (shrink)

The article discusses two bioart projects that bring the symbolically core human substances of blood, sweat and tears into technologically mediated relationships with plants and fungi to explore human kinship with other species: Tarah Rhoda’s BS&T (short for ‘blood, sweat and tears’) and OurGlass, and Saša Spačal’s MycoMythologies: Patterning. The article analyses the art projects through the lens of the molecular gaze and different perspectives on kinning, bringing anthropological conceptualizations of kinship together with Haraway’s pathways to connect with other species. (...) How can bioart use technologies to explore interspecies kinship through a molecular gaze? And may such artworks contribute to the toning down of human exceptionality in the face of a precarious future? We find that artworks providing a molecular gaze on interspecies biological processes may risk a decontextualized approach to complex relational processes but may also create new visions of filiation even with biological organisms imagined to be genetically distant from humans, thus spurring awareness of the fragile interrelationships among species. (shrink)

Digital technologies can be an asset to serving communities and societies through data analytics and management to achieve greater good. However, care must be exercised in that societies without digital access do not get overlooked or, worse, face abuses of privacy disclosure or exploitation. Regulations exist to prevent this happening, but ethical considerations are important in deciding in what is allowable and what is not. The further risk of artificial intelligence where computers start to make autonomous decisions and the vulnerabilities (...) we are exposed to is considered. Steps are proposed to develop an ethics-based digital strategy and how to mitigate cyber risk. (shrink)

In 2022, the Camden Coalition Medical-Legal Partnership began providing civil and criminal legal services to substance use disorder patients at Cooper University Health Care’s Center for Healing. This paper discusses early findings from the program’s first year on the efficacy of the provision of criminal-legal representation, which is uncommon among MLPs and critical for this patient population. The paper concludes with takeaways for other programs providing legal services in an addiction medicine setting.

Industry-funded religious liberty legal groups have sought to undermine healthcare policy and law while simultaneously attacking the rights of sexual and gender minorities. Whereas past scholarship has tracked religiously-affiliated healthcare providers’ growing political power and attendant transformations to legal doctrine, our account emphasizes the political donors and visionaries who have leveraged religious providers and the U.S. healthcare system’s delegated structure to transform social policy and bureaucratic agencies more generally.

Both the concept of a Darwinian tree of life (TOL) and the possibility of its accurate reconstruction have been much criticized. Criticisms mostly revolve around the extensive occurrence of lateral gene transfer (LGT), instances of uptake of complete organisms to become organelles (with the associated subsequent gene transfer to the nucleus), as well as the implications of more subtle aspects of the biological species concept. Here we argue that none of these criticisms are sufficient to abandon the valuable TOL concept (...) and the biological realities it captures. Especially important is the need to conceptually distinguish between organismal trees and gene trees, which necessitates incorporating insights of widely occurring LGT into modern evolutionary theory. We demonstrate that all criticisms, while based on important new findings, do not invalidate the TOL. After considering the implications of these new insights, we find that the contours of evolution are best represented by a TOL. (shrink)

The paper investigates the video game discourse of the Russian state media from 2011 to 2015. Critical discourse analysis serves as a methodological framework for this work, and Foucault’s power/knowledge model is used to explain the logic behind the «grotesque discourses». In the Russian press, video games are described as an instance of inculcation, provoking overintense emotions and forcing individuals to commit symbolic acts impossible from the standpoint of “normal” pedagogy. The paper problematizes the mythologization of violence in video games (...) and identifies the main tropes used to establish the connection between video games and violence (murders) as “natural” and “obvious”. Particular attention is paid to the publications of Aleksandr Minkin, a reporter at “Moskovskij Komsomolets” (“Moscow Komsomol Member”) and one of the most prominent critics of video games, as well as to the media coverage of the first school shooting in Russia (shooting at school № 263 in 2014). It is shown that video games are used in the media discourse as an explanatory principle that allows a shift from the crime to the criminal, to those acts which reveal moral depravity or psychological disorder, and those circumstances which foster criminalism. Pointing to the games helps restore the “normal” connection between social and moral qualities, explaining the crime committed by an honours student from a “good family” as being the result of the depictions of violence in video games affecting the child’s psyche. Video games are also described as a factor in shaping the “digital generation” or “generation of gamers” — odd and politically dangerous. The dangers that games create for both gamers and society in general (the non-distinction between the “real” and the “virtual”, the illusion of a “possible restart”) allow the journalists and experts to insist on strengthening measures of supervision and protection, and expanding legal and medical control. (shrink)

The article proposes a new approach to understanding gamification. Its feature lies in taking into account the criticism expressed against gamifi­cation to date. The article examines in detail the history of gamification, it is shown that at its first stage (before 2015) approaches oriented towards extrinsic motivation prevailed, while at the second stage (after 2015) ap­proaches oriented towards intrinsic motivation began to prevail. Ignoring this point just leads to the fact that the criticism expressed in the early 2010s (its main (...) idea was that gamification is a new form of exploitation and manipulation) seems relevant today, although in fact it is no longer so. But it’s not just about rethinking criticism, it’s also about taking a fresh look at gamification itself, which has continued (since 2011) to be defined as «the use of game design elements in non-game contexts”. And this is even despite the fact that such a definition no longer corresponds to the current situation. First, it is confusing by mixing gamification with seri­ous games. Second, it is confusing by limiting gamification to non-game contexts. Third, it is silent about why gamification is used. Fourth, it does not explain exactly which elements are being implemented. Alternatively, we propose our own definition: gamification is a methodology for using metagame elements and mechanics to correct human behavior by creating a favorable emotional background. (shrink)

The archive produces a linear time that reaches towards ‘what could be’ by asserting ‘what has been’, providing us reassurance of our existence through the assertion of a reliably past past. But the Anthropocene is an era of uncontained material ramifications, where the past juts into the future and temporality warps as change accelerates unexpectedly. As an ecological and geologic epoch, documentation of the Anthropocene inherently has a relationship to natural history museums and archives. These institutions, however, troublingly rest on (...) what Elaine Graham calls ‘ontological hygiene’ – the separateness of the human subject from ‘nature’. The Anthropocene however, challenges the western post-Enlightenment binary of man vs. nature, as it (supposedly) naturalizes humans into an earth systems force. As such, documentation of this epoch might resist ontological sanitation. This article outlines an artistic research practice to create artefacts of the Anthropocene – one that invites material idiosyncrasies, objects-in-becoming, ephemerality, and decay. I suggest that artistic ‘anarchices’ prioritize process over objects, and resist linear and static representation in lieu of material, embodied and sensory artefacts. These include relational encounters with waste materials, reworked forms of ‘geology’, edible artefacts and multimedia works at landfills and feral sites. The anarchives are interpolated by a rejection of hegemonic logic, positivism and ‘objective’ truths about environmental phenomena; Situated, ambiguous and material knowledges are inwrought into the so-called Anthropocene (and any alternatives to this term). By focusing on waste as an analytical category, I explore some of the ontological breakdowns present in the Anthropocene and question how to unorder systems and disturb materiality. (shrink)

Kripke-Armstrongovim argumentom tvrdi se da branilac postojanja temporalnih delova materijalnih objekata ne može da utvrdi da li usamljeni homogeni disk sačinjen od kontinuirane materije rotira oko svoje ose ili miruje. Perdurantista ne može da razlikuje dve mogućnosti pozivajući se na različite trenutne brzine trenutnih temporalnih delova diska, zbog toga što bi time prekršio tezu hjumovske supervenijencije. U ovom radu ću, sledeći Džeremija Baterfilda, pokazati kako se na KripkeArmstrongov izazov može odgovoriti zadržavajući hjumovsku supervenijenciju: pozivanjem na različite trenutne brzine netrenutnih temporalnih (...) delova Kripke-Armstrongovog usamljenog diska. (shrink)

Max Weber discussed Islam in various places in his sociology of religion, but there was no sustained or systematic commentary unlike his other work on the religions of China and India. What he did have to say about Islam was, even by the standards of his own analysis of value neutrality, judgmental. Subsequently his sociology of Islam has been criticized as Orientalist. While he provided positive interpretations of Protestant inner-worldly asceticism and Old Testament prophecy as radical and charismatic, his commentaries (...) on Islam were by contrast negative and critical. He regarded Islam as a warrior religion in which the salvation drive was turned away from the individual soul and the energy of the Muslim community was directed towards imperial conquest. His arguments did not for example provide a valid account of how Islam spread peacefully in South and South East Asia through Sufi traders. The article however notes an ironic justification for Weber’s analysis through the growth of urban ascetic piety in so-called post-Islam. Finally the article, turning away from Weber’s focus on economic ethics of the world religions, argues that Weber’s work is better understood as an ethical reflection on the perennial conflict between religion (the ethic of absolute ends) and politics (the ethics of responsibility). (shrink)

On the fundamentals of Vedanta philosophy and Hindu spiritual life.

t. 1. Problemy obshcheĭ teorii prava -- t. 2. Garantii prav lichnosti v ugolovnom sudoproizvodstve -- t. 3. Teorii︠a︡ sudebnykh dokazatelʹstv.

Este artigo visa apresentar uma taxonomia original dos argumentos mais difundidos contra o Princípio de Identidade dos Indiscerníveis ao longo da história da Filosofia, mas focando em versões defendidas no século XX e XXI; bem como uma taxonomia das respostas mais efetivas para esses argumentos usados no início do século XXI com uma breve avaliação sobre quais são as mais efetivas para cada argumento de ataque. O leitor também encontrará uma bibliografia atualizada sobre os debates envolvendo esses argumentos e contra-argumentos (...) nas seções correspondentes. Palavras-chave: identidade; indiscernibilidade; Princípio de Identidade dos Indiscerníveis; concebilidade. (shrink)

In this paper I briefly summarize Pellegrino’s phenomenological analysis of the ethics of the physician–patient relationship. In delineating the essential elements of the healing relationship, Pellegrino demonstrates the necessity for health care professionals to understand the patient’s lived experience of illness. In considering the phenomenon of illness, I identify certain essential characteristics of illness-as-lived that provide a basis for developing a rigorous understanding of the patient’s experience. I note recent developments in the systematic delivery of health care that make it (...) difficult for health care professionals to realize Pellegrino’s ethical model of the role of healer. Such developments limit both the physician’s freedom to act on behalf of the patient without the constraint of third parties and the physician’s freedom to act in light of his or her own ethical or religious convictions. Given these difficulties, I note MacIntyre’s call for the development of moral communities, as an alternative to the prevailing culture, and share a first-hand example illustrating how intentional Christian community provides an alternative nurturing context that permits the full development of the healing relationship. (shrink)

Sally Sedgwick presents a fresh account of Hegel's critique of Kant's theoretical philosophy. She argues that Hegel offers a compelling critique of and alternative to the conception of cognition that Kant defended in his 'Critical' period, and explores Hegel's claim to derive from Kantian doctrines clues to a superior form of idealism.

This is a critical analysis of the first part of Go¨del’s 1951 Gibbs lecture on certain philosophical consequences of the incompleteness theorems. Go¨del’s discussion is framed in terms of a distinction between objective mathematics and subjective mathematics, according to which the former consists of the truths of mathematics in an absolute sense, and the latter consists of all humanly demonstrable truths. The question is whether these coincide; if they do, no formal axiomatic system (or Turing machine) can comprehend the mathematizing (...) potentialities of human thought, and, if not, there are absolutely unsolvable mathematical problems of diophantine form. (shrink)

In 1931 the mathematical logician Kurt Godel published a revolutionary paper that challenged certain basic assumptions underpinning mathematics and logic. A colleague of Albert Einstein, his theorem proved that mathematics was partly based on propositions not provable within the mathematical system and had radical implications that have echoed throughout many fields. A gripping combination of science and accessibility, Godel’s Proof by Nagel and Newman is for both mathematicians and the idly curious, offering those with a taste for logic and philosophy (...) the chance to satisfy their intellectual curiosity. (shrink)