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 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. 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)

Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers (...) the most fruitful way of understanding punishment's meaning and justification. Duff addresses such questions as how much sentences should be constrained by proportionality requirements; what modalities of punishment best communicate their intended meaning; and what decisionmaking procedures he envisions. This book will appeal to criminologists, philosophers, and others interested in theories of punishment. (shrink)

This is the third selection of major works on the Scottish Enlightenment and includes the same combination of hard-to-find and popular works as in the two previous collections. Contents: An Essay on the Natural Equality of Men [1793] William Lawrence Brown, New introduction by Dr. William Scott 308 pp An Enquiry into the Origin of Moral Virtue [1733] Archibald Campbell 586 pp The Philosophical Works [1765] William Dudgeon, New introduction by David Berman 300 pp Institutes of Moral Philosophy For (...) the use of Students in the College of Edinburgh [1769] Adam Ferguson 340 pp A Comparative view of the State and Faculties of Man with those of the Animal World [1774] John Gregory 426 pp An Apology for the Life and Writings of David Hume, Esq [1777] Samuel Jackson A Letter to Adam Smith, On the Life, Death and Philosophy of his friend David Hume Esq [1777] George Horne (Bishop of Norwich) 252 pp. (shrink)

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's (...) demands, and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

In this call for better public history, Robert Archibald explores the intersections of history, memory and community to illustrate the role of history in contemporary life and how we are active participants in the past.

In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which (...) can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account. (shrink)

J. David Archibald explores how Darwin first came to the conclusion that species had evolved in different regions throughout the world. Carefully retracing Darwin's gathering of evidence and the evolution of his thinking, Origins of Darwin's Evolution achieves a new understanding of how Darwin crafted his transformative theory.

I begin by discussing the ways in which a would-be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her. This provides the basis for an examination of a particular kind of 'bar to trial' in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The examination of this (...) often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

In 1978, Carper identified ‘four fundamental patterns of knowing’ that became largely foundational to subsequent epistemological discourse within the nursing discipline. These patterns of empirical, personal, aesthetic, and ethical knowing were presented as conceptually distinct yet related patterns of knowing. In order to provide an alternative conceptualization of aesthetics in nursing, the main tenants of Carper's discussion of aesthetic knowing will be revisited, and the foundations for her arguments will be examined. Specifically, Dewey's Art as Experience will be examined in (...) relation to the ‘holism’ of nursing, and an alternative position on pragmatic aesthetics in nursing will be offered. A preliminary reintegration of the four patterns of knowing will then be presented as will an example of a potential cultivation of aesthetics in nursing, through an example of Rodin's 19th century sculpture, the Burghers of Calais. (shrink)

Animals are used in biomedical research to study disease, develop new medicines, and test them for safety. As the Oxford Centre for Animal Ethics’ review Normalising the Unthinkable acknowledges, many great strides in medicine have involved animals. However, their contribution has not always been positive. Decades of attempts to develop treatments for diseases including asthma, cancer, stroke, and Alzheimer’s using animals have failed to translate to humans, leaving patients with inadequate treatments or without treatments at all. As Normalising the Unthinkable (...) points out, we have to confront the fact that animal research may have hindered progress, at least in some respects. For example, animal tests have been shown to have very little ability to predict the safety of medicines for human patients. A dramatic illustration of this failing is TGN1412, which almost killed 6 clinical trial volunteers in 2006, after crab-eating macaques showed the drug to be safe, even at massive doses. This failing contributes to adverse drug reactions, which are now one of the world’s leading causes of death, killing hundreds of thousands of people every year and hospitalizing millions. A revolution in science and technology has produced a new generation of more relevant and predictive tools, which could be used to create safer medicines more quickly and at less cost: a win-win situation that should be supported by everyone. The obstacle preventing this from happening is governments’ continued insistence on animal testing. Yet the evidence is clear that reliance on animals as surrogate humans puts patients at risk, can delay medical progress, and can cause effective treatments to be wrongly discarded. There is a compelling case to be made that animal research is an ethical issue for humans as well as for animals. (shrink)

The arts and nursing are profoundly connected. While the relationship between nursing and art has persisted over time, the majority of nursing scholarship on the arts has historically centered upon the art of nursing practice and the cultivation and application of aesthetic knowing. However, there is a burgeoning use of arts‐based strategies is nursing education, research, and practice. Correspondingly, there is a need to understand how such approaches can uniquely contribute knowledge to the nursing discipline in order to support arts‐integration (...) for nursing scholars. We structure our inquiry into arts’ contributions according to two dominant methods of engaging with arts‐based strategies: knowing about (e.g., phenomena) vis‐à‐vis art‐viewing, and knowing through (e.g., embodied knowing) vis‐à‐vis art‐making. In doing so, we explore critical contributions of art to nursing research and educational practices, including arts’ capacity to augment traditional research and communication approaches, democratize the research space, challenge issues of representation, and facilitate education, dissemination, and reflexivity. (shrink)

After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...) entire realm of wrongdoing, but with conduct falling within the public realm of our civic life; the need to look at the different processes of criminalization, and to ask what kinds of consideration can properly figure in those processes; the need to attend to the relationship, and the essential differences, between criminal law and other modes of legal regulation. (shrink)

I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the (...) state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

The "tree of life" iconography, representing the history of life, dates from at least the latter half of the 18th century, but evolution as the mechanism providing this bifurcating history of life did not appear until the early 19th century. There was also a shift from the straight line, scala naturae view of change in nature to a more bifurcating or tree-like view. Throughout the 19th century authors presented tree-like diagrams, some regarding the Deity as the mechanism of change while (...) others argued for evolution. Straight-line or anagenetic evolution and bifurcating or cladogenetic evolution are known in biology today, but are often misrepresented in popular culture, especially with anagenesis being confounded with scala naturae. Although well known in the mid 19th century, the geologist Edward Hitchcock has been forgotten as an early, if not the first author to publish a paleontologically based "tree of life" beginning in 1840 in the first edition of his popular general geology text Elementary Geology. At least 31 editions were published and those between 1840 and 1859 had this "paleontological chart" showing two trees, one for fossil and living plants and another for animals set within a context of geological time. Although the chart did not vary in later editions, the text explaining the chart did change to reflect newer ideas in paleontology and geology. Whereas Lamarck, Chambers, Bronn, Darwin, and Haeckel saw some form of transmutation as the mechanism that created their "trees of life," Hitchcock, like his contemporaries Agassiz and Miller, who also produced "trees of life," saw a deity as the agent of change. Through each edition of his book Hitchcock denounced the newer transmutationist hypotheses of Lamarck, then Chambers, and finally Darwin in an 1860 edition that no longer presented his tree-like "paleontological chart.". (shrink)

The cryptomonads and chlorarachniophytes are two unicellular algal lineages with complex cellular structures and fascinating evolutionary histories. Both groups acquired their photosynthetic abilities through the assimilation of eukaryotic endosymbionts. As a result, they possess two distinct cytosolic compartments and four genomes—two nuclear genomes, an endosymbiont‐derived plastid genome and a mitochondrial genome derived from the host cell. Like mitochondrial and plastid genomes, the genome of the endosymbiont nucleus, or ‘nucleomorph’, of cryptomonad and chlorarachniophyte cells has been greatly reduced through the combined (...) effects of gene loss and intracellular gene transfer. This article focuses on the structure, function, origin and evolution of cryptomonad and chlorarachniophyte nucleomorph genomes in light of recent comparisons of genome sequence data from both groups. It is now possible to speculate on the reasons that nucleomorphs persist in cryptomonads and chlorarachniophytes but have been lost in all other algae with plastids of secondary endosymbiotic origin. BioEssays 29:392–402, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

We can gain fresh insights into aspects of criminal liability by focusing first on the prior topic of criminal responsibility, and on the relational dimensions of responsibility: responsibility is responsibility for something, to someone. We are criminally responsible as citizens, to our fellow citizens, for committing 'public' wrongs: I discuss the difficulty of giving determinate content to this idea of public wrongs, and the way in which, whereas moral responsibility is typically strict, criminal responsibility is not. Finally, I explore the (...) grounds on which defendants might deny that they are criminally responsible before the courts that seek to try them. (shrink)

The paper begins with the plausible view that criminal responsibility should track moral responsibility, and explains its plausibility. A necessary distinction is then drawn between liability and answerability as two dimensions of responsibility, and is shown to underpin the distinction in criminal law between offences and defences. This enables us to distinguish strict liability from strict answerability, and to see that whilst strict criminal liability seems inconsistent with the principle that criminal responsibility should track moral responsibility, strict criminal answerability is (...) not. We must ask, therefore, whether, when and why strict criminal responsibility is unacceptable. (shrink)

This report reviews what quantum physics and information theory have to tell us about the age-old question, How come existence? No escape is evident from four conclusions: (1) The world cannot be a giant machine, ruled by any preestablished continuum physical law. (2) There is no such thing at the microscopic level as space or time or spacetime continuum. (3) The familiar probability function or functional, and wave equation or functional wave equation, of standard quantum theory provide mere continuum idealizations (...) and by reason of this circumstance conceal the information-theoretic source from which they derive. (4) No element in the description of physics shows itself as closer to primordial than the elementary quantum phenomenon, that is, the elementary device-intermediated act of posing a yes-no physical question and eliciting an answer or, in brief, the elementary act of observer-participancy. Otherwise stated, every physical quantity, every it, derives its ultimate significance from bits, binary yes-or-no indications, a conclusion which we epitomize in the phrase, it from bit. (shrink)

The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimize regimes that fell far short of realizing those ideals – indeed, that violently repressed anyone who tried to realize them. This paper suggests that the derogatory concept of ‘the criminal’ may be allowing liberal ideals to operate in contemporary political philosophy and real politics in a worryingly similar manner. By depoliticizing deep dissent from the prevailing order of property, this concept can obscure (...) what I call the legitimation gap. This is the gulf between (a) liberal accounts of state legitimacy, and (b) the actual functioning of liberal states. Feminists have long pointed out that the exclusion of what is deemed ‘personal’ from political consideration is itself a political move. I propose that the construction of the criminal as a category opposed to the political works similarly to perpetuate unjust forms of social power. (shrink)

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention (...) to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication. This is a work which is likely to become a seminal study and a major contribution to the study of law and legal philosophy. (shrink)

Approximately 200 entries to scientific or medical topics of interest because of their ethical or moral implications. Intended primarily for laypersons and professionals in the United Kingdom, but also throughout the world. Each entry gives definition, discussion (1-several pages), cross references, references, and contributor's name. 1st ed., 1977.

Who Must Presume Whom to Be Innocent of What? This paper explores the roles that the presumption of innocence (PoI) can play beyond the criminal trial, in other dealings that citizens may have with the criminal law and its officials. It grounds the PoI in a wider notion of the civic trust that citizens owe each other, and that the state owes its citizens: by attending to the roles that citizens may find themselves playing in relation to the criminal law (...) (such roles as suspect, defendant, convicted offender and ‘ex-offender’), we can see both how a PoI protects us, beyond the confines of the trial, against various kinds of coercion, and how that PoI is modified or qualified as we acquire certain roles. To develop and illustrate this argument, I pay particular attention to the roles of defendant (both during the trial and while awaiting trial) and of ‘ex-offender,’ and to the duties that such roles bring with them. (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)

‘When I use a word’, Humpty Dumpty said, in a rather scornful tone, ‘it means just what I choose it to mean—neither more nor less.’In his recent note on Hipponax in this journal, Joseph Cotter first offers ‘a revised version of LSJ's definition’ of ὄρχις. At LSJ, s.v. ὄρχις I, ‘… testicle Hippon. 92.3 W. …’, he would delete the Hipponactean citation and rewrite the second definition, under ΙΙ, to read: ‘from similarity of shape, 1 glans penis, Hippon. 92, 2. (...) from the form of its root …’. Cotter derives his new definition from his reading of that Hipponactean line, καί μοι τὸν ὄρχιν τῆς φαλ[ …, which he supplements with the name of a marsh bird, φαλ[ηρίδος, also redefined. This supplementary ‘coot’ is said to mean ‘cock’, so that the narrator of the fragment's description of treatment for sexual impotence tells how a Lydian woman ‘thrashed with fig-branch the glans of my cock’. We are presented, then, with two previously unattested meanings of two nouns, ὄρχις and φαληρίς, and an accommodating correction of LSJ. What—I have asked Cotter—might Henry Liddell have thought of these innovations, familiar as he undoubtedly was with Humpty Dumpty's semantics! (shrink)