:This essay undertakes two tasks: first, to describe the differing mens rea requirements for accomplice liability of both Anglo-American common law and the American Law Institute's Model Penal Code; and second, to recommend how the mens rea requirements of both of these two sources of criminal law in America should be amended so as to satisfy the goals of clarity and consistency and so as to more closely conform the criminal law to the requirements of moral blameworthiness. Three "pure models" (...) of the mens rea requirements for complicity are distinguished, based on the three theories of liability conventionally distinguished in the general part of Anglo-American criminal law. One of these, the vicarious responsibility model, is put aside initially because of both its descriptive inaccuracy and its normative undesirability. The analysis proceeds using the other two models: that of the mens rea requirements for principal liability for completed crimes, and that of the mens rea requirements for attempt liability. Both the common law and the Model Penal Code are seen as complicated admixtures of these two models, the common law being too narrow in the scope of its threatened liability and the Model Penal Code being both too broad and too opaque in its demands for accomplice liability. The normative recommendation of the paper is to adopt the model for the mens rea of complicity that treats it as a form of principal liability, recognizing that the overbreadth of liability resulting from adoption of that model would have to be redressed by adopting a "shopkeeper's privilege" as an affirmative defense separate from any mens rea requirement. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

The article examines what has come to be known as "the risk analysis" in Anglo-American tort law and contract law. The risk analysis essentially consists of: viewing negligence as a relational concept, so that a defendant is never simply negligent tout cour, but is negligent only with respect to certain persons and certain harms — other harms suffered by other persons are said not to be "within the risk" that makes the defendant negligent; and the supplanting of proximate cause doctrine (...) with doctrines of duty, the duty question being determined by the question of whether a certain person and a certain harm are within the risk that makes a defendant negligent. The article aims to explode entirely the risk analysis. After beginning with an examination of the historical roots of the risk analysis, we then seek to show that the risk analysis is: conceptually incoherent because it seeks to isolate a risk that makes someone negligent; normatively undesirable because it allows quite blameworthy actors not to pay for the harms they culpably cause; and descriptively inaccurate of the cases decided on the more traditional, proximate cause bases. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

One staple of living in our information society is having access to the web. Web-connected devices interpret our queries and retrieve information from the web in response. Today’s web devices even purport to answer our queries directly without requiring us to comb through search results in order to find the information we want. How do we know whether a web device is trustworthy? One way to know is to learn why the device is trustworthy by inspecting its inner workings, 156–170 (...) 1995; Humphreys 2004, Episteme, 6, 221–229 2009). But ordinary users of web devices cannot inspect their inner workings because of their scale, complexity, and the corporate secrecy which enshrouds both the procedures by which the devices operate and the companies that make them. Further piling on this predicament, authors have criticized web technology on the grounds that the invisibility of the web devices’ inner workings prevents users from critically assessing the procedures that produce a given output, in some cases, barring users from fulfilling their epistemic responsibilities, 343–355 2010; Miller and Record Episteme, 10, 117–134 2013). I consider four broad kinds of reasons which we can acquire without inspecting the inner workings of black-boxed technology: individual understanding, expert testimony, testing through experience, and social vetting; and show how each is a viable method of appraising black-boxed technology. By deploying these methods, we can remain responsible inquirers while nonetheless benefitting from today’s epistemic resources on the web. (shrink)

Cuando los filósofos discuten los desacuerdos morales, normalmente tienen en mente desacuerdos entre creencias, actitudes o emociones de diferentes personas. Aquí reexaminamos la posibilidad de que existan desacuerdos entre lo que para una persona es correcto hacer y lo que para otra es correcto impedir que se haga, lo que denominamos “combate moral”.

Benevolent intersubjectivity developed in parent–infant interactions and compassion toward friend and foe alike are non-violent interventions to group behavior in conflict. Based on a dyadic active inference framework rooted in specific parental brain mechanisms, we suggest that interventions promoting compassion and intersubjectivity can reduce stress, and that compassionate mediation may resolve conflicts.

The number of people who survive critical illness is increasing. In parallel, a growing body of literature reveals a broad range of side-effects following intensive care treatment. Today, more attention is needed to improve the quality of survival. Based on nine individual stories of illness experiences given by participants in two focus groups and one individual interview, this paper elaborates how former critically ill patients craft and recraft their personal stories throughout their illness trajectory. The analysis was conducted from a (...) phenomenological perspective and led to the meaning structure; a quest to find oneself after critical illness. In this structure, illness represented a breakdown of the participants’ lives, forcing them to develop a new understanding of themselves. Despite acute illness, they felt safe in hospital. Coming home, however, meant a constant balancing between health and illness, and being either in or out of control. To gain a deeper understanding of the participants’ narratives of survival, the meaning structure was developed from a phenomenological life world perspective, Heidegger’s concept of homelikeness and Arthur Frank’s typologies of illness narratives. In conclusion listening to and acknowledging the patients’ lived experiences of critical illness may support the patient efforts to establish the newly defined self and hence be vital for recovery. Phenomenology is one approach facilitating care tailored to the patients’ lived experience of critical illness and its aftermaths. (shrink)

A scholarly edition of The Clarendon Edition of the Works of John Locke: Correspondence: Letters 3287-3648 by E. S. de Beer. The edition presents an authoritative text, together with an introduction, commentary notes, and scholarly apparatus.

Power has been studied in various guises in both the social cognition and the reasoning literatures. In this paper, three experiments are reported in which this factor was investigated in the domain of deontic thinking. Power of source of deontic statements was varied within several scenarios, and participants judged the degree to which they thought an injunction would be carried out. In the first experiment, permission statements were used, and it was found that, as predicted, power was positively related to (...) degree of endorsement of deontic conclusions across scenarios. In the second experiment, these findings were generalised across three further deontic domains (threat, warning, and promise) and two different syntactic forms (conjunctive and disjunctive). In the third experiment, the hypothesis that power effects were mediated by subjective judgements of conditional probability was investigated and confirmed. It is argued that these results favour theories that give a general role to probabilistic factors, rather than those based on domain-specific schemas. (shrink)

Background In Canadian jurisdictions without specific legislation pertaining to research consent, the onus is placed on researchers to determine whether a child is capable of independently consenting to participate in a research study. Little, however, is known about how child health researchers are approaching consent and capacity assessment in practice. The aim of this study was to explore and describe researchers' current practices. Methods The study used a qualitative descriptive design consisting of 14 face-to-face interviews with child health researchers and (...) research assistants in Southern Ontario. Transcribed interviews were analysed for common themes. Results Procedures for assessing capacity varied considerably from the use of age cutoffs to in-depth engagement with each child. Three key issues emerged from the accounts: (1) requirements that consent be provided by a single person thwarted researchers' abilities to support family decision-making; (2) little practical distinction was made between assessing if a child was capable, versus determining if study information had been adequately explained by the researcher; and (3) participants' perceived that review boards' requirements may conflict with what they considered ethical consent practices. Conclusion The results suggest that researchers' consent and capacity knowledge and skills vary considerably. Perceived discrepancies between ethical practice and ethics boards' requirements suggest the need for dialogue, education and possibly ethics board reforms. Furthermore we propose, where appropriate, a ‘family decision-making’ model that allows parents and their children to consent together, thereby shifting the focus from separate assent and consent procedures to approaches that appropriately engage the child and family. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“An Immoderate Taste for Truth”: Censoring History in Baudelaire’s “Les bijoux”E. S. Burt (bio)In May 1949, a French Court of Appeals reversed an 1857 decision condemning six poems from Les fleurs du mal for obscenity, in a signal case of a public lifting of a ban against some lyric poems. 1 Among the several interesting features of this case not the least is the decision to proceed against the (...) work in the first place. For lyric poetry does not appear an attractive target for censorship. Its subject matter and formalism remove it far enough from the experience of most readers that Gustave Flaubert, fresh from his troubles with the court over Madame Bovary, could express his surprise at the government’s attack: “This is new,” he wrote to Baudelaire, “this pursuit of a volume of verse.” While Flaubert’s comment was in point of fact inaccurate, he puts his finger on a problem worth considering. 2 Here we have a work that must seem naturally exempt from state intervention, by virtue of a deliberate retreat from risky political subjects, and it nonetheless did get censored by the state. Can anything be learned about “normal” state censorship from this exceptional case? [End Page 19]A key factor in the government’s decision to pursue the book, according to the prosecutor Pinard, was that these poems would prove accessible to a large audience: 3 “An immoral book that had no chance of being read or understood would not be pursued” [1208], he states. In his argument, as in the judgment by the court that the condemned poems “lead necessarily to the exciting of the senses by a coarse realism offensive to modesty” [1182], the assumption is that the work is extraordinarily available, its pictures immediately referable to ordinary experience. In the six condemned poems, language is judged to be not a veil but a tool, and a sex tool at that. “Despite an effort of style” [1182], the poetic situation—in most of the poems that of the boudoir—is painted in a language insufficiently flowery. 4A further interesting feature in the case is that when it comes up again, under DeGaulle’s Fourth Republic, the court summarily dismisses the 1857 judgment of coarse realism as just one possible interpretation, and a forced one at that. Instead, the 1949 court finds that the poems are self-referential, symbolic entities that do not represent ordinary experience:If some pictures, on account of their originality, were able to alarm some minds upon first publication and appeared to the first judges as offensive to morality, such an appraisal, attaching itself only to a realistic interpretation of the poems and neglecting their symbolic meaning, has proved to be of an arbitrary character, unratified by public opinion or by the judgment of the literary world.[St. John-Stevas 249]The shocking representations of 1857, outraging morality, are now understood to deliver the Wordsworthian “shock of mild surprise” by which we recognize the original work of art. In 1949, the poems are precious artifacts; their language is not realistic but symbolical; its sensuous forms reveal an inner, spiritual meaning.A crucial resemblance can be discerned between the actions taken by the two courts: both make their judgments in terms of a “reading pact,” a set of “artificial rules” [1206] that are presumed to govern reading and to have currency in the context. Les fleurs gets policed in the name of this generic purity, with the prosecutor Pinard calling “the judge... a sentinel who must not let the border be crossed” [1206] and the 1949 decision confirming the opinion of the literary world that the supposed transgression against public morality was in point of fact a transformation in the rules regulating the narrow confines of lyric poetry. 5This concern that texts be framed by a reading pact aimed at constraining their interpretation is worth considering in any discussion of censorship that wants to move from the level of pragmatics to that of theory. It leads to queries about the possibility of getting rid of state censorship entirely and about the state’s interest, as guardian and overseer of the archive, in the institutionalization and... (shrink)

To find out more information about Rowman & Littlefield titles please visit us at www.rowmanlittlefield.com.

In response to Miranda Fricker's advocacy of a virtue of ‘reflexive critical openness’, I emphasise the importance of other virtues, such as loyalty, in evaluating an agent's response to testimony, and I query Fricker's claim that in certain circumstances agents can lack a means to correct their faulty evaluations of another's testimony.

The basic risk for culture in conditions of globalization consists in full submission of its existence to economic (market) rules. The masscult deprived a variety - a product of such submission. But a source of creative development was and there is a cultural variety. Domination of a masscult leads to decrease in creative potential of the person and a society. Becoming of metaculture as culture of gift of a modern society represents alternative as to principles of a masscult, and ideas (...) of multiculturalism and tolerance. The principle of tolerance is a recognition of powerlessness to involve cultures in productive dialogue, de-facto it is recognition of the established cultural barriers. The culture of gift (metaculture) is based on following principles: 1) reflexivity, 2) ethicness, 3) positive role ofOtherness, 4) the sacrifice of an autonomy to (accept of gift), 5) new cultural-historical type of rationality is focused not on things, but on events, 6) more easy approach to products of cultural creativity and in this direction - alternative to deadlocks of protection to intellectual property (copyright). Development of metaculture corresponds to principles of a symbolical exchange and «copyleft». (shrink)

A scholarly edition of The Clarendon Edition of the Works of John Locke: Correspondence: Letters 1242-1701 by E. S. de Beer. The edition presents an authoritative text, together with an introduction, commentary notes, and scholarly apparatus.

A scholarly edition of The Clarendon Edition of the Works of John Locke: Correspondence: Letters 2199-2664 by E. S. de Beer. The edition presents an authoritative text, together with an introduction, commentary notes, and scholarly apparatus.