This paper explores the meaning of the word “felony” in thirteenth and fourteenth century England, i.e., during the first two centuries of the English criminal trial jury. To compile a working definition of felony, the paper presents examples of the language of felony drawn from literary and religious sources, in addition to considering the word’s more formulaic appearance in legal records. The paper then analyzes cases ending in acquittal or pardon, highlighting the factors that might take a criminal case out (...) of the realm of felony. It suggests that the very definition of felony and felonious behavior—and thus the essence of criminal responsibility—may be bound up with the idea of mens rea during this period. The paper aims to uncover broader societal understandings of the nature of guilt and innocence, and to highlight connections and disconnections between the formal criminal law of felony, with its heavy emphasis on capital punishment, and popular and ecclesiastical understandings of culpability. (shrink)

Throughout most of human history women have been defined by their biological role in reproduction, seen first and foremost as gestators, which has led to the reproductive system being subjected to outside interference. The womb was perceived as dangerous and an object which husbands, doctors and the state had a legitimate interest in controlling. In this article, we consider how notions of conflict surrounding the womb have endured over time. We demonstrate how concerns seemingly generated by the invisibility of reproduction (...) and the inaccessibility of the womb have translated into similar arguments for controlling women, as technology increases the accessibility of the female body and the womb. Developments in reproductive medicine, from in vitro fertilisation (IVF) to surrogacy, have enabled women and men who would otherwise have been childless to become parents. Uterus transplants and ‘artificial wombs’ could provide additional alternatives to natural gestation. An era of ‘womb technology’ dawns. Some argue that such technology providing an alternative to ‘natural’ gestation could be a source of liberation for female persons because reproduction will no longer be something necessarily confined to the female body. ‘Womb technology’, however, also has the potential to exacerbate the labelling of the female body as a source of danger and an ‘imperfect’ site of gestation, thus replaying rudimentary and regressive arguments about controlling female behaviour. We argue that pernicious narratives about control, conflict and the womb must be addressed in the face of these technological developments. (shrink)

The concept of vulnerability is widely used in bioethics, particularly in research ethics and public health ethics. The traditional approach construes vulnerability as inherent in individuals or the groups to which they belong and views vulnerability as requiring special protections. Florencia Luna and other bioethicists continue to challenge traditional ways of conceptualizing and applying the term. Luna began proposing a layered approach to this concept and recently extended this proposal to offer two new concepts to analyze the concept of vulnerability, (...) namely understanding external conditions that trigger vulnerability and layers of vulnerability with cascading effects. Luna's conception of vulnerability is useful, which we demonstrate by applying her layered view and the new analyses in multiple contexts. We begin by outlining Luna's view and we use vignettes from healthcare involving transgender patients, the care of patients in psychiatric contexts, and research involving prisoners to illustrate how each part of Luna's concept elucidates important moral issues. (shrink)

For many centuries, philosophers and scientists have pondered the origins and nature of human intuitions about the properties of points, lines, and figures on the Euclidean plane, with most hypothesizing that a system of Euclidean concepts either is innate or is assembled by general learning processes. Recent research from cognitive and developmental psychology, cognitive anthropology, animal cognition, and cognitive neuroscience suggests a different view. Knowledge of geometry may be founded on at least two distinct, evolutionarily ancient, core cognitive systems for (...) representing the shapes of large-scale, navigable surface layouts and of small-scale, movable forms and objects. Each of these systems applies to some but not all perceptible arrays and captures some but not all of the three fundamental Euclidean relationships of distance (or length), angle, and direction (or sense). Like natural number (Carey, 2009), Euclidean geometry may be constructed through the productive combination of representations from these core systems, through the use of uniquely human symbolic systems. (shrink)

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

Arising and emptiness are the two essential Buddhist concepts, which when understood, lead to the highest school of Buddhist philosophy.

Citing grounds of conscience, pharmacists are increasingly refusing to fill prescriptions for emergency contraception, or the "morning-after pill." Whether correctly or not, these pharmacists believe that emergency contraception either constitutes the destruction of post-conception human life, or poses a significant risk of such destruction. We argue that the liberty of conscientious refusal grounds a strong moral claim, one that cannot be defeated solely by consideration of the interests of those seeking medication. We examine, and find lacking, five arguments for requiring (...) pharmacists to fill prescriptions. However, we argue that in their professional context, pharmacists benefit from liberty restrictions on those seeking medication. What would otherwise amount to very strong claims can be defeated if they rest on some prior restriction of the liberty of others. We conclude that the issue of what policy should require pharmacists to do must be settled by way of a theory of second best. Asking "What is second best?" rather than "What is best?" offers a way to navigate the liberty restrictions that may be fixed obstacles to optimality. (shrink)

A growing number of theorists have launched an epistemic challenge against retributive punishment. This challenge involves the core claim that it is wrong (intentionally) to inflict serious harm on someone unless the moral argument for doing so has been established to a high standard of credibility. Proponents of this challenge typically argue that retributivism fails to meet the required epistemic standard, because retributivism relies on a contentious conception of free will, about whose existence we cannot be sufficiently certain. However, the (...) scope of the epistemic challenge should not be limited to doubts about free will or retributivism. In this article, I argue that the epistemic challenge should be expanded beyond the original focus on justifications of punishment. By “expanding the epistemic challenge” I mean demanding that other purported justifications for serious (intentional) harm be held to a high standard of credibility. To provide a focus for the argument, I will concentrate on the “Public Health Quarantine Model” defended by Gregg Caruso, but my arguments have wider implications beyond this model. A growing number of “abolitionist” theorists believe that punishment is wrong in principle. If retributive punishment, or punishment in general, were abandoned, we would need to ask, “how else should we respond to crime?”. My arguments suggest that all such abolitionists will have to face the same epistemic standard as penal theorists if they wish to replace punishment with the intentional imposition of non-punitive severe coercive measures. (shrink)

Six experiments investigated 7-month-old infants’ capacity to learn about the self-propelled motion of an object. After observing 1 wind-up toy animal move on its own and a second wind-up toy animal move passively by an experimenter’s hand, infants looked reliably longer at the former object during a subsequent stationary test, providing evidence that infants learned and remembered the mapping of objects and their motions. In further experiments, infants learned the mapping for different animals and retained it over a 15-min delay, (...) providing evidence that the learning is robust and infants’ expectations about self-propelled motion are enduring. Further experiments suggested that infants’ learning was less reliable when the self-propelled objects were novel or lacked faces, body parts, and articulated, biological motion. The findings are discussed in relation to infants’ developing knowledge of object categories and capacity to learn about objects in the first year of life. (shrink)

Because men are overrepresented within positions of power, men are perceived as the default in academia. Androcentric bias emerges whereby research by men and/or dominated by men is perceived as higher quality and gains more attention. We examined if these androcentric biases materialize within fields that study bias. How do individuals in close contact with psychology view psychology research outlets with titles including the words women, gender, sex, or feminism or contain the words men or masculinity versus psychology journals that (...) publish other-specialized research, and do these perceptions differ in the general public? While the men-related journal was less meritorious than its other-specialty journal, evidence emerged supporting androcentric bias such that the men-related journal was more favorable than the other sex/gender-related journals. Further, undergraduate men taking psychology classes rated sex/gender-related versus other-specialty journals as less favorable, were less likely to recommend subscription, and rated the journals as lower quality. Low endorsement of feminist ideology was associated with less support for sex/gender-related journals versus matched other-specialty journals. Decreased subscription recommendations for sex/gender-related journals were mediated by decreased favorability and quality beliefs, especially for men and those low in feminist ideology. However, we found possible androcentric-interest within the public sphere. The public reach of articles published in sex/gender-related was greater than other-specialty journals. The consequences of these differential perceptions for students versus the public and the impact on women’s advancement in social science and psychological science are discussed. (shrink)

This book is about what exceeds or resists calculation--in life and in death. Its two parts and nine chapters highlight, in their coupling of Freud and Derrida, the accidents both in and of psychoanalytic writing, and the philosophical question of what limits the openness of our horizon.

Why do we wish to die later but do not wish to have been created earlier? There is no puzzle here. It is false that if we had been created earlier we would have lived longer lives. Why don’t we wish to have been created earlier but with our actual times of death? That wish simply is not mandated by the more general wish to have lived a longer life. Furthermore, one might prefer one’s actual life to the better, but (...) considerably different, life one would have lived at an earlier time. (shrink)

Today, data and intervening digital media provide critical lines of communication with our social and business connections. Even those we know personally will typically connect to us via digital means. As a consequence, data and the digital space add a third dimension to the individual: we are now mind, body and digitality. This essay considers how digitality affects outcomes for the individual by exploring the mechanisms of digital influence. By using Peirce’s theory of semiosis to explain the process of digital (...) translation, this essay demonstrates how digitality influences the development of the individual, undermines personal autonomy and changes the nature of legal personhood thereby providing points for future legal intervention. (shrink)

The speech-to-song illusion ( Deutsch et al., 2011 ) tracks the perceptual transformation from speech to song across repetitions of a brief spoken utterance. Because it involves no change in the stimulus itself, but a dramatic change in its perceived affiliation to speech or to music, it presents a unique opportunity to comparatively investigate the processing of language and music. In this study, native English-speaking participants were presented with brief spoken utterances that were subsequently repeated ten times. The utterances were (...) drawn either from languages that are relatively difficult for a native English speaker to pronounce, or languages that are relatively easy for a native English speaker to pronounce. Moreover, the repetition could occur at regular or irregular temporal intervals. Participants rated the utterances before and after the repetitions on a 5-point Likert-like scale ranging from “sounds exactly like speech” to “sounds exactly like singing.” The difference in ratings before and after was taken as a measure of the strength of the speech-to-song illusion in each case. The speech-to-song illusion occurred regardless of whether the repetitions were spaced at regular temporal intervals or not; however, it occurred more readily if the utterance was spoken in a language difficult for a native English speaker to pronounce. Speech circuitry seemed more liable to capture native and easy-to-pronounce languages, and more reluctant to relinquish them to perceived song across repetitions. (shrink)

The attempt to model the structure of consciousness in split-brain subjects is ongoing. This paper concerns the recently proposed ?switch model? of split-brain consciousness, according to which a split-brain subject possesses only a single stream of consciousness, unified at and across time, that shifts from one hemisphere to the other from moment to moment. The paper argues that while the central explanatory element of the switch model may account for some aspects of split-brain consciousness, the best general picture of split-brain (...) consciousness is still offered by some version of the ?conscious duality model.? (shrink)

In the present paper, we first argue that it is critical for humans to forget; that is, to have some means of preventing out-of-date information from interfering with the recall of current information. We then argue that the primary means of accomplishing such adaptive updating of human memory is retrieval inhibition: Information that is rendered out of date by new learning becomes less retrievable, but remains at essentially full strength in memory as indexed by other measures, such as recognition and (...) word-fragment completion. We conclude with a speculation that certain unconscious influences of prior events may, in fact, be stronger if those events were to be forgotten rather than to be remembered. (shrink)

The development and use of large and dynamic health data repositories designed to support research pose challenges to traditional informed consent models. We used semi-structured interviewing to elicit diverse research stakeholders' views of a model of consent appropriate to participation in initiatives that entail collection, long-term storage, and undetermined future research use of multiple types of health data. We demonstrate that, when considering health data repositories, research stakeholders replace a concept of consent as informed with one in which consent is (...) engaged. In engaged consent, a participant's ongoing relationship with a repository serves as a substitute or adjunct to information exchange at enrollment. We detail research stakeholders' views of the risks of engaged consent and suggest questions for further study about engagement and consent procedures in initiatives that aim to store data for future unspecified research purposes. (shrink)

Globalization is often seen as the final stage in the transition towards a market economy. It is argued that a side-effect of globalization is cultural homogeneity and loss of life world, or ‘McDonaldization’. McDonaldization represents the rationalization of society in the quest for extreme efficiency. More recently, Meštrović has argued that the rationalization of emotions has also occurred and that Western societies are entering a postemotional phase. In postemotional societies there has been a separation of emotion from action. The result (...) is synthetic, manufactured emotions manipulated and standardized for mass consumption. In this paper I explore what it means to nurse in a ‘postemotional society’ and what impact this dulling of the emotions has had on a profession that locates ‘care’ as its central defining concept. My aim is to generate critical discussion of the shape and direction of contemporary society and the role of nursing within it. (shrink)

This paper concerns the role that reference to subjects of experience can play in individuating streams of consciousness, and the relationship between the subjective and the objective structure of consciousness. A critique of Tim Bayne’s recent book indicates certain crucial choices that works on the unity of consciousness must make. If one identifies the subject of experience with something whose consciousness is necessarily unified, then one cannot offer an account of the objective structure of consciousness. Alternatively, identifying the subject of (...) experience with an animal means forgoing the conceptual connection between being a subject of experience and having a single phenomenal perspective. (shrink)

Part One addresses the question whether the fact that some persons love something, worship it, or deeply care about it, can endow moral status on that thing. I argue that the answer is “no.” While some cases lend great plausibility to the view that love or worship can endow moral status, there are other cases in which love or worship clearly fails to endow moral status. Furthermore, there is no principled way to distinguish these two types of cases, so we (...) must conclude that love or worship never endow moral status. Part Two takes up the hard question of why we have to be careful of things that others love or worship, given that the things do not thereby have moral status. I argue that it is sometimes bad for those who love or worship the things if we mistreat them. I develop an account of when love and worship, and person projects more generally, succeed in expanding the scope of what counts as good or bad for the person engaged in the project. (shrink)

Walker Percy was both a medical doctor and a serious Catholic—a scientist and a religious believer. He thought, however, that science had become hegemonic in the twentieth century and that it was incapable of answering the most fundamental needs of human beings. He thus leveled a critique of the scientific method and its shortcomings in failing to address the individual person over against the group. In response to these shortcomings Percy postulates a religious understanding of human life, one in which (...) man's life is understood as a pilgrimage or a search. The person who searches may not find the “object” of his search during his earthly life, but it is likely that he will come to a better understanding of himself by means of it. (shrink)

After hundreds of articles on recovered memory therapy, one might have thought there was not much left to say. But a November 1997 front-page article in the New York Times headlined '"Memory' Therapy Leads to a Lawsuit and Big Settlement" suggested that the repressed memory controversy had broken new records (Belluck 1997).

"We doubt not the destiny of our country— that she is to accomplish great things for human nature, and be the mother of a nobler race than the world has yet ...

This study used two waves of the National Survey of Families and Households to examine the effect of the transition to parenthood on the division of labor among married couples, hypothesizing that parenthood would produce a more differentiated gender division of labor, but that attitudes and preparental division of labor would moderate parenthood. There were no effects of parenthood nor direct or moderating effects of gender attitudes on husbands' employment or housework hours, with the exception that fathering more than one (...) child results in slightly longer employment hours. Motherhood increases wives' housework hours and reduces employment hours. Wives' traditional gender attitudes reduce their employment, but not their housework. Women married to full-time breadwinners have the largest reductions in employment after motherhood. Last, wives' initial economic dependency increases wives' subsequent housework and husbands' employment. Parenthood crystallizes a gendered division of labor, largely by reshaping wives', not husbands', routine. (shrink)

Michel Foucault showed by his genealogical method that history is random. It comprises sites of disarray and dispersal. In those sites, Simone de Beauvoir wrote philosophy through lived experience of woman as Other in relation to man as the Absolute. Here lies a fecund site for revisionist analysis of female cultural production and its relevance to a philosophy of education. The paper works with a feminist approach to the politics of knowledge, examining textual and political strategies in the recording of (...) history and the ‘othering’ of women through dominant cultural discourses. Infusing this discussion is a feminist politics of interrogation on cultural change for women. The paper investigates contributions of women to fields of art, politics, education and philosophy, and to the ways their contributions have been considered, received, positioned. Different approaches to feminism become apparent in the different conditions of knowledge under discussion. This leads to a final consideration of femi... (shrink)

"An examination of the writings on virtues and ethics of eighteenth-century Puritan Jonathan Edwards"--Provided by publisher.

In the period 1800–1870, French physicians approached psychic illness (Philippe Pinel’s “neurosis”) within competing “cerebralist” and “visceralist” frameworks. Cerebralism, which dominated the specialty of mental medicine, sought the origins of psychic illness in lesions of the brain and central nervous system. “Visceralism,” upheld by generalists, clung to the view of the ancients that psychic disorder was seated in the abdominal viscera. The distinction enjoyed credibility thanks to widespread acceptance of Xavier Bichat’s “two lives” doctrine, which demarcated functions of the central (...) and the “vegetative” nervous systems. Once the “two lives” conception was undercut after midcentury, cerebralists sought to draw disturbances of appetite, digestion, and eating within the domain of the central nervous system. This essay suggests that historical study of “hysterical anorexia” and related disease entities that displaced “neuroses of the stomach” has overemphasized sociocultural determinants to the neglect of the internal dynamics of biomedical science. (shrink)

Grounded in human experience, this accessible introduction to principles in Catholic morality focuses on moral development, not simply the acquisition of learning. The book begins with a historical overview of moral theology and goes on to examine such issues as conscience, freedom, fundamental option, authority, law, sin, and conversion.

This essay considers whether the model of conscience operative in Christian ethics, what I call the “reflexive conscience,” is adequate to meet the global moral challenges we face today, problems such as gun violence, climate change, and the Zika virus. Drawing primarily on the work of Willis Jenkins, I argue that conscience has not yet caught up to the scale and interconnectedness of our global moral challenges. A truly “engaged conscience” must be focused not primarily on the self but on (...) the other, and must be active. I conclude by turning to Elisabeth Vasko’s criticisms of the victim/perpetrator binary to suggest that conscience must call us to greater responsibility for the systemic injustices in which particular moral challenges are embedded. (shrink)

Normals display selective deficits in morphology and syntax under adverse processing conditions. Digit loads do not impair processing of passives and object relatives but do impair processing of grammatical morphemes. Perceptual degradation and temporal compression selectively impair several aspects of grammar, including passives and object relatives. Hence we replicate Caplan & Waters's specific findings but reach opposite conclusions, based on wider evidence.