This article interrogates the scientific conference as a means by which the organizers of the World League for Sexual Reform's 1929 conference attempted to marshal the ‘scientific spirit’ in order to present progressive sexual reform as a rational and scientifically informed undertaking. The conference was carefully curated to make the sex reform movement (and the assorted characters that gathered under its banner) look serious, legitimate and, most importantly, scientific. The conference was also an attempt by organizer (...) Norman Haire to exert control over the strategy of sexology, an enterprise that put him at odds with other prominent sexologists of the time. Crucially, Haire understood sexology as inherently intellectually interdisciplinary, but was strategically convinced that the only sound rubric through which to promote and gain acceptance for the movement was through medical science. This central debate, about how best to define the contested concept of sexology, continues among historians today. By examining how the 1929 conference organizers wrestled to define their sex-reforming remit and how they curated the conference to that end, this paper will offer a window onto the mechanisms via which adherents of intellectual communities contend with heterogeneity, how we judge forms of knowledge and, ultimately, what constitutes science. (shrink)

The decriminalisation of homosexuality was a measure originally adopted by the bourgeois revolutions, which was abandoned by the bourgeois parties as the rise of the labour movement led the bourgeoisie to seek a compromise with landlords, clergy and monarchy in different countries. The demand to decriminalise homosexuality was therefore taken over by the Marxist workers’ parties, such as the Social-Democratic Party of Germany before the First World War and the Bolshevik Party in Russia after the Revolution of October 1917. This (...) article outlines the cooperation between the Scientific-Humanitarian Committee led by Magnus Hirschfeld and Social Democracy to decriminalise homosexuality by removing Paragraph 175 of the German Penal Code before the First World War. It also describes the decriminalisation of homosexuality in Russia under Lenin, with the adoption of the first Soviet Penal Code in June 1922, and Magnus Hirschfeld’s relations with prominent figures of the early Soviet government such as N.A. Semashko, the first People’s Commissar of Public Health, and Anatoly Lunacharsky, the first People’s Commissar for Education. Those ties ceased with the Nazis’ rise to power in January 1933, which resulted in the destruction of the institutions created by Hirschfeld, such as the Institute for Sexual Science and the World League for Sexual Reform, while in the Soviet Union itself Stalin recriminalised homosexuality in March 1934, shortly before Hirschfeld’s death, linking homosexuality and fascism. (shrink)

Johann Heinrich Alsted, professor of philosophy and theology at the Calvinist academy of Heborn, was a man of many parts. A deputy to the famous Synod of Dort and greatest encyclopaedist of his age, he was also a pioneer of Calvinist millenarianism and a devoted student of astrology, alchemy, Lullism, and the works of Giordano Bruno. From the mainstream Reformed tradition, Alsted and his circle inherited the zeal for further reformation of church, state, and society; but with this they blended (...) hermetic dreams of a general reformation and the restoration of primordial perfection to the fallen human nature through Lullist and alchemical panaceas. However paradoxical from a strictly Calvinist standpoint, this loose synthesis helped prepare the programme of Alsted's greatest student, Jan Amos Cominius, and the following generation of central European universal reformers. Alsted's intellectual biography opens up unexpected perspectives on the reforming movements of the seventeenth century, and provides an invaluable introduction to many of the central ideas, individuals and institutions of this neglected era of central European intellectual history. (shrink)

This book explores the controversial relationship between physicians and the pharmaceutical industry, identifies the ethical tensions and controversies, and proposes numerous reforms both for medicine's own professional integrity and for effective public regulation of the industry.

After placing the issue of holding international institutional agents responsible within a theoretical context, this article takes up the case of the UN's role in the Rwandan genocide. Through an examination of the extensive literature that deals either directly or incidentally with the UN's role and responsibility during the period prior to the outbreak of mass killing on 6 April 1994, this essay tests a slightly modified version of Toni Erskine's theory of why international institutional agents can be held responsible (...) for their actions. The article details the various ways that different parts of the UN have been held responsible for failing to prevent and mitigate the genocide. Moreover, it documents specific failures in four different categories: failures in communication, deliberation, decision-making, and implementation. The article concludes that the extensive literature on the Rwandan genocide conforms to a slightly modified version of the Erskine model. It also suggests that practical, functional reforms — which are far easier to implement than structural reforms — can be initiated based on that model. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Renewing Moral Theology: Christian Ethics as Action, Character, and Grace by Daniel A. WestbergHoward HarrisRenewing Moral Theology: Christian Ethics as Action, Character, and Grace Daniel A. Westberg DOWNERS GROVE, IL: IVP ACADEMIC, 2015. 281 PP. $25.00Renewing Moral Theology by Daniel Westberg has two professed purposes—to be a moral theology text for seminary use and to be a book with wider public appeal. Short chapters, real-life examples, simple reading (...) lists, and unobtrusive footnotes make it accessible to that wider public. Yet the rigor and careful argument will satisfy the need in many introductory classrooms for a moral theology text that is cognizant of Aquinas, Vatican II reforms, and Anglican scholarship.Westberg sees the 1960s as a disruptive time for ethical thought in the Anglican tradition, with the "shifting and seductive winds" of situation ethics gaining sufficient sway to sweep away the prevailing systematic approach to moral theology (9). He seeks to follow an Anglican path of mutual enrichment, blending Evangelical emphases and Catholic moral philosophy. Virtue ethics, with its roots in Aristotle and Aquinas and its more recent renaissance, is at the core of the book. Part 1 deals with moral reasoning and action, while part 2 discusses the seven principal virtues: wisdom in action, justice, fortitude, self-control, faith, hope, and love.The initial focus is on practical reasoning, action, and character, acknowledging that many daily questions have a moral component yet do not require casuistry and law for resolution. Westberg puts forward a four-stage model of practical reason involving intention, deliberation, decision, and execution, sourced from Aquinas (reminiscent of James Rest's Four Component Model). The model is used to show that both intellect and will must be engaged and that the process can be iterative. The importance of the Holy Spirit in the forming of character and in the infusion of the theological virtues is made clear in Westberg's elucidation of the sequence through practical reasoning to action. Christian ethics is different, and Christians need "a new way of explaining Christian discipleship" (18).Part 2 begins with a useful introductory chapter about the development of virtues, with a focus on Christ and a caution against vagueness, against reducing morality to an undefined love that is of little relevance in either deliberation or action. In the discussion of individual virtues, Westberg brings together traditional scholarship, including Aquinas, Augustine, Aristotle, and Barth, with contemporary work from theology, philosophy, and psychology including Hauerwas, O'Donovan, and Veritatis splendor. Westberg questions the idea, grounded in Aristotle, that excellence in a virtue lies in a mean between extremes, wondering [End Page 203] aloud if Aristotle went too far in this (152). The treatment of love includes an examination of the nature of agape in which Westberg sets out to show that this Christian love ought not be seen as self-sacrificing but as mutual and nurturing. The Gospel basis is apparent here as the argument is grounded on "God is love" (1 John 4:16); on examples of Jesus showing preferential love for the disciples and Lazarus, Martha, and Mary; and on "a mutuality of love in the Godhead," before noting parallels to Aristotle's notions of friendship (238–40).Throughout the book difficult questions are not shunned, with diversion avoided by pointing to alternative sources of more detailed analysis; animal ethics, loving one's enemies, and whether non-Christians can be "good" are dealt with in this way, while the implications of biblical teaching on sin receives a longer treatment. Renewing Moral Theology puts Christ at the center of a discussion of how to live well. It is accessible to the Christian who has an interest in moral questions while being sufficiently tightly argued for the introductory classroom at which it is also aimed.Howard HarrisUniversity of South AustraliaCopyright © 2017 Society of Christian Ethics... (shrink)

To address the growing costs associated with chronic illness care, many countries, both developed and developing, identify increased patient self‐management or self‐care as a focus of healthcare reform. Health coaching, an implementation strategy to support the shift to self‐management, encourages patients to make lifestyle changes to improve the management of chronic illness. This practice differs from traditional models of health education because of the interactional dynamics between nurse and patient, and an orientation to care that ostensibly centres and empowers (...) patients. The theoretical underpinnings of coaching reflect these differences, however in its application, the practices arranged around health coaching for chronic illness self‐management reveal the social regulation and professional management of everyday life. This becomes especially problematic in contexts defined by economic constraint and government withdrawal from activities related to the ‘care’ of citizens. In this paper, we trace the development of health coaching as part of nursing practice and consider the implications of this practice as an emerging element of chronic illness self‐management. Our purpose is to highlight health coaching as an approach intended to support patients with chronic illness and at the same time, problematize the tensions contained in (and by) this practice. (shrink)

This book presents an interpretive analysis of the major themes and purpose of Alexis de Tocqueville’s and Gustave de Beaumont’s first work, On the Penitentiary System, thereby offering new insights into Tocqueville as a moderate liberal statesman. The book explores Tocqueville’s thinking on penitentiaries as the best possible solution to recidivism, his approach to colonial imperialism, and his arguments on moral reformation of prisoners through a close reading of Tocqueville’s first published text. The unifying political concept of all three discussions (...) is Tocqueville’s underlying concern to pursue moderation between institutional and imaginative extremes in order to maintain liberal values. In both thinking moderately and advocating for moderate political action, Tocqueville’s On the Penitentiary System renews an emphasis on the importance of civic engagement and the balance between philosophy and praxis. (shrink)

Numerous writers have recently called for reform in psychological theorizing and research methodology designed to appreciate the teleological, active agent capacities of humans. This paper presents three studies that probe individual's abilities to volitionally control their eating behavior. These investigations suggest one way that researchers might consider the operation of telic powers in human action. Rather than seeing teleological explanations as rivals to the more traditional causal explanations favored in psychological research, this paper elaborates a position that sees human (...) volition as a causal force embedded in the traditional causal influences studied in psychological research. Finally, the theoretical and methodological refinements suggested here and elsewhere are seen against the backdrop of a philosophy of science that sees change as a more gradual, evolutionary process, rather than the Kuhnian, revolutionary process. (shrink)

John Howard Whitehouse was a British educational and social reformer and the founder of Bembridge School on the Isle of Wight. George Peabody Gooch was a British historian and Liberal Party politician. Originally published in 1924, this book contains essays by Whitehouse and Gooch putting forward the case for an international perspective on education and educational policy, with particular emphasis placed upon links with the United States. This book will be of value to anyone with an interest in educational (...) theories and the history of education. (shrink)

"Now we can join Gandhi and Tolstoy and nameless others who encountered this vigorous and invigorating book. Welcome to a company of radicals who believed we could and should stop eating non-human animals. They brought vegetarianism out of history and into the here and now." -- from the introductionEthical vegetarianism is no recent development, as this unrivaled historical anthology dramatizes. When it was first published 120 years ago, countless people read and endorsed The Ethics of Diet. But then it became (...) a rare book, hard to find even in libraries. For countless more readers, it is at last available again. In this classic of vegetarian writing, Howard Williams presents a line of thought, a continuous thread, a tradition, a catena of protestation against living on "Butchery." What he finds striking is the variety of the witnesses, the prophets of "Reformed Dietetics" who have "shrunk from the rgime of blood," including Gautama Buddha, Pythagoras, Plato, Hesiod, Epicurus, Seneca, Ovid, Thomas More, Montaigne, Mandeville, Pope, Voltaire, Swedenborg, Wesley, Rousseau, Shelley, Byron, Lamar-tine, Michelet, Bentham, Sinclair, Schopenhauer, and Thoreau. Their words are accompanied by the vigorous narrative voice of Williams himself, who put to rest, once and for all, the idea that vegetarianism is a fad. (shrink)

Recent years have seen a substantial increase in alternative agrifood initiatives that attempt to use the market to curtail the negative social and environmental effects of production and trade in a globalized food system. These alternatives pose a challenge to capital accumulation and the externalization of environmental costs by large agribusiness, trading and retail firms. Yet the success of these alternatives also makes them an inviting target for corporate participation. This article examines these dynamics through a case study of the (...) two most significant such food system alternatives—organics and fair trade—focusing on corporate involvement in establishing and renegotiating the standards undergirding these initiatives. We compare the development of and contestation over the standards for both certified organic and certified fair trade, with particular attention to the U.S. context. We provide a brief history of their parallel processes of rapid growth and market mainstreaming. We examine claims of cooptation by movement participants, as well as the divergences and similarities between the organic and fair trade cases. Analyzing these two cases provides useful insights into the strategic approaches that corporate firms have deployed to further capital accumulation and to defuse threats to their profit margins and to status quo production, pricing, labor, trading and retailing practices. It can also offer valuable lessons regarding the most effective means of responding to such counter-reforms and of protecting or reasserting the more transformative elements at the heart of these alternative systems. (shrink)

Mencian benevolent government intervenes dramatically in many ways in the marketplace in order to secure the material well-being of the population, especially the poor and disadvantaged. Mencius considers this sort of intervention to be appropriate not just occasionally when dealing with natural disasters, but regularly. Furthermore, Mencius recommends shifting from regressive to progressive taxes. He favors reduction of inequality so as to reduce corruption of government by the wealthy, and opposes punishment for people driven to crime by destitution. Mencius thinks (...) government should try to improve the character of the population by preventing or relieving poverty, by setting a good example, and by teaching people to respect and care for each other. He considers a government to be legitimate only if it has the support of the people. His recommended foreign policy is approximately the same as his recommended domestic policy: set a good example and enhance the material wellbeing and moral values of one’s own people so that they will enthusiastically support their country, while foreigners will long to immigrate. These are policies of today’s left. Mencius was a radical reformer in his own day. His description of benevolent government shows that he is an extreme liberal by contemporary standards, too. (shrink)

This article examines where Kant stands on the question of the redistribution of wealth and income both nationally and globally. Kant is rightly seen as a radical reformer of the world order from a political standpoint seeking a republican, federative worldwide system; can he also be seen as wanting to bring about an equally dramatic shift from an economic perspective? To answer this question we have first of all to address the question of whether he is an egalitarian or an (...) inegalitarian at the national level. Certainly there are certain social and material inequalities within a civil society Kant is prepared to accept and there are some he is not. This would imply that he would affirm certain inequalities at an international level and that there are others upon which he would recommend action. Thus the question arises as to whether or not it is appropriate for Kantians to regard the current enormous inequalities in wealth and income between individuals living in different parts of the globe as scandalous and in need of change. The paper throughout relates the problem of distributive justice within the state to the problem of distributive justice amongst states, arguing that this approach is warranted by Kant's own method. Particular attention is paid to how Kant's own approach to political philosophy may be deployed to underpin a change to a distinctive type of international distributive justice. (shrink)

The need to address our question arises from two sources, one in Kant and the other in a certain type of response to so-called Reformed epistemology. The first source consists in a tendency to distinguish theoretical beliefs from practical beliefs (commitments to the world's being a certain way versus commitments to certain pictures to live by), and to treat theistic belief as mere practical belief. We trace this tendency in Kant's corpus, and compare and contrast it with Aquinas's view and (...) a more conservative Kantian view. We reject the theistic-belief-as-mere-practical-belief view: it is bad descriptive anthropology, it embraces a misguided ideal of a fragmented self unattainable by human beings, and it will deter people from the most desirable sort of faith. The second source consists in the idea that since theistic beliefs function as answers to why-questions, their epistemic status hangs on whether they meet certain distinctively explanatory standards, Whatever support they might receive from other sources. We argue that this is a non-sequitur and suggest questions for further research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Jacob Burckhardt, Religion, and the Historiography of “Crisis” and “Transition”Thomas Albert Howard*A great historical subject, the representation of which should be the high point of a historian’s life, must cohere sympathetically and mysteriously to the author’s innermost being.Jacob Burckhardt 1If you are to venture to interpret the past you can do so only out of the fullest exertion of the vigor of the present: only when you can (...) put forth your... qualities in all their strength will you divine what is worth knowing and preserving in the past.Friedrich Nietzsche 2The renowned nineteenth-century Swiss-German historian Jacob Burckhardt (1818–97) was a masterful historian of crises and transitional periods. Two of his major works, The Age of Constantine the Great (1852) and The Civilization of the Renaissance in Italy (1860), bear out this claim. In his Constantine Burckhardt deals with the transition from late pagan antiquity to the early Christian Middle Ages, and in his more famous Renaissance he deals with the transition from the late Middle Ages to the beginnings of secular modernity. In the [End Page 149] latter, as is well known, he established one of the most compelling and creative theses in the history of modern historiography, virtually creating the “idea of the Renaissance” that has long influenced both scholarly and popular conceptions of that period. 3What elicited Burckhardt’s interest in crises and transitions in general and in these two periods of crisis and transition in particular? In this article, I shall argue that there is a strong relationship between Burckhardt’s own historical experience in the early and mid-nineteenth century and his choice of subject and mode of analysis in these two monumental works. In theoretical terms one observes a “dialectical” form of objectivity in the execution of Burckhardt’s historiographical tasks: a structural affinity or kinship between subject (Burckhardt, his historical experience) and object (late antiquity, Renaissance) predisposes Burckhardt to his theme/argument and thus provides a key to understanding the genesis and the character of insights that he offers in these two works. 4 To establish this point I shall focus on the category of religion, on Burckhardt’s own experience of questions of religious truth and skepticism in the nineteenth century, and on his treatment of religion in these two works.The Young Jacob Burckhardt and ReligionReligion is a crucial but often neglected aspect of Jacob Burckhardt’s thought. 5 Like a number of nineteenth-century German intellectuals, Burckhardt was a Pfarrersohn, a “pastor’s son.” 6 He grew up in a profoundly conservative Protestant environment in Basel, nicknamed “pious Basel” for its dogged resistance to the “ideas of 1789” and for its earlier heritage of Reformation and pietist religiosity. During Burckhardt’s youth in fact, his father was a children’s minister and head-deacon (Obersthelfer) before becoming in 1838 the city cathedral’s Antistes, the highest and most prestigious ecclesiastical office in Basel. In short, as his biographer Werner Kaegi has noted, Burckhardt’s early [End Page 150] upbringing and education were strongly shaped by the world of his father, a world of “old Protestant piety.” 7Following his father’s example, Burckhardt started out on the clerical track, studying theology at the University of Basel. However, during his Theologie-studium (1837–39) he experienced a profound crisis of faith brought on by an encounter with German historical biblical criticism and liberal theology represented in the person of W. M. L. de Wette (1780–1848). A radical theologian and biblical scholar, de Wette had wound up in Basel in 1822 after being dismissed from the University of Berlin for holding views considered heterodox and politically threatening by the conservative Prussian government. 8 In a letter to his friend Johannes Riggenbach written in August 1838 Burckhardt tells how de Wette’s critical theology had unseated his faith. “In my eyes,” Burckhardt wrote,de Wette’s system grows in stature every day; one simply must follow him, there is no alternative; but every day a part of our traditional church doctrine melts away under his hand. Today, finally, I realized that he regards the birth of Christ simply as a myth... (shrink)

Many of the reforms being required or recommended to ensure that for-profit companies achieve greater transparency and more effective governance are similarly being promoted for adoption by nonprofit health care organizations. The demands are coming from a variety of sources - government officials, donors, business partners, companies that provide directors and officers (D&O) liability insurance, the media, and directors themselves. To meet these demands, nonprofit health care boards and executives need to assess whether they have the right number, mix, and (...) caliber of board members, and to modify their recruitment and/or retention strategies where they don't. -/- The following discussion is another in an ongoing Inquiry series called "Dialogue," a collaboration with the Alliance for Advancing Nonprofit Health Care to provide a variety of voices on current, major issues in the nonprofit health care sector. (shrink)

The need to address our question arises from two sources, one in Kant and the other in a certain type of response to so-called Reformed epistemology. The first source consists in a tendency to distinguish theoretical beliefs from practical beliefs (commitments to the world's being a certain way versus commitments to certain pictures to live by), and to treat theistic belief as mere practical belief. We trace this tendency in Kant's corpus, and compare and contrast it with Aquinas's view and (...) a more conservative Kantian view. We reject the theistic-belief-as-mere-practical-belief view: it is bad descriptive anthropology, it embraces a misguided ideal of a fragmented self unattainable by human beings, and it will deter people from the most desirable sort of faith. The second source consists in the idea that since theistic beliefs function as answers to why-questions, their epistemic status hangs on whether they meet certain distinctively explanatory standards, whatever support they might receive from other sources. We argue that this is a non-sequitur and suggest questions for further research. (shrink)

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- INTRODUCTION TO THE TRANSACTION EDITION -- I GOALS, ROADS AND CONTEMPORARY STARTING POINT -- II THE NATURE OF EXPLANATION -- III EFFICACY AND LIMITATIONS OF LARGE-SCALE SOCIAL REFORM -- IV SOCIAL REFORM AND VIOLENCE -- V THE PLANNED SOCIETY -- VI NATURE OF THE MODERN STATE -- VII CENTRALIZATION AND DECENTRALIZATION -- VIII DECENTRALIZATION AND SELF-GOVERNMENT -- IX WAR -- X INDIVIDUAL WORK FOR (...) REFORM -- XI INEQUALITY -- XII EDUCATION -- XIII RELIGIOUS PRACTICES -- XIV BELIEFS -- XV ETHICS -- INDEX. (shrink)

SUMMARYCharles Howard Ellis, born in Sydney in 1895 and a Great War veteran, was working as a journalist in Vienna and Geneva when he wrote one of the most comprehensive books of the time on the League: The Origin, Structure and Working of the League of Nations. Dedicated to the progressive literary figures of the era and showing a particular debt to the writings of the British Labour left, Ellis argued that the internationalism of the age marked (...) a necessary rejection of the anarchic conditions that brought forth the Great War. The League and its associated institutions constituted ‘the first step toward a world society’ that would facilitate the suppression and ultimate removal of the causes of conflict. A remarkable work in itself, this progressive volume was written by a member of British intelligence who had already made a reputation in this sphere and was to go on to hold very senior positions in the 1940s. The question is considered whether the ideas expressed were a product of Ellis's genuine beliefs, or whether they were a mask for his substantive professional role. The circumstances around the writing of this book are also reviewed in an attempt to answer this question, especially given the hitherto accepted scholarly view that Konni Zilliacus of the League Secretariat was the actual author. (shrink)

India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. (...) gaps in criminal law, 2. harmonization of standards 3. liabilities for derogations from fundamental duties (cultural heritage), and 4. a project for decolonization. (shrink)

Here I set the stage for developing a Kantian account of punishment attuned to social and economic injustice and to the need for prison reform. I argue that we cannot appreciate Kant's own discussion of punishment unless we read it in light of the theory of justice of which it is a part and the fundamental commitments of that theory to freedom, autonomy and equality. As important, we cannot properly evaluate Kant's advocacy of the law of retribution unless we (...) recognize his theory of justice as an ideal theory. Once we understand both Kant's larger account of justice and its relationship to his less basic commitments, we discover grounds to accept that larger theory, but reject components like the law of retribution with their basis in empirical conclusions we may not share with Kant. We also open the way to develop an account of punishment responsive to social circumstances. (shrink)

Cosmopolitan justice calls for extensive institutional transformations at the international level. But in the absence of a global enforcing authority, such transformations are bound to be hampered by a range of obstacles, including non-compliance and coordination problems. What solutions can a cosmopolitan thinker offer to address these challenges? In answering this question, the paper focuses on the role that international cooperation between the world?s democracies can play in promoting cosmopolitan aspirations. It argues that such cooperation has a crucial role to (...) play in executing global justice reforms; and furthermore, that the world?s democracies have a moral duty to lead the way in implementing cosmopolitan justice. The paper then suggests that a ?League of Democracies? ? an intergovernmental organization which is open exclusively to the world?s democracies ? could potentially facilitate the type of democratic cooperation that is necessary for cosmopolitan justice. (shrink)

Alexander Maconochie, the originator of the “Mark System”, is a major figure in the history of penal discipline and is best known for his attempt to implement it at the Norfolk Island penal station from 1840 to 1844. Among Maconochie’s many works is the eight-page “Comparison Between Mr. Bentham’s Views on Punishment, and Those Advocated in Connexion with the Mark System”, in which Maconochie rejected Bentham’s critique of transportation, as well as fundamental elements of his theory of punishment. (...) Maconochie concluded that mainstream thinking on penal discipline was dominated by “mistakes” that either “in great measure originat[ed] with Mr. Bentham”, or had been “at least sanctioned by his high authority”.This paper questions whether Maconochie’s rejection of Bentham’s views is entirely convincing, since his penal practices, as well as an earlier and lesser-cited work, indicate that Maconochie was, at times, considerably closer to Bentham’s position on punishment than “Comparison” suggests. Section I will provide some brief biographical background. Section II will explore Maconochie’s attempt to implement his reformative system at Norfolk Island, at the heart of which was surveillance and extensive record-keeping to monitor individual behaviour and progress, and in which there are echoes of Bentham’s panopticon scheme. Section III will examine Maconochie’s changing views on criminal transportation, from his adherence to the Benthamite anti-transportation line in 1818, to his qualified support for transportation from 1838 onwards. Finally, Section IV will examine the Mark System and Maconochie’s criticism of Bentham in more detail. (shrink)

This article analyses the definitional reforms and re-categorisation of sexual offences under the Thai Penal Code in the period of 13 years, namely, the 2007 and 2019 amendments. The incidents are of uniqueness as the 2007 amendment shared much resemblance with jurisdictions that have departed the original meaning of rape and attempted to re-conceptualise sexual offences, whereas the 2019 amendment shared much similarities with jurisdictions that decided to retain the original meaning of rape and categorise other serious sexual offences (...) in other names. The article argues that, apart from accounts based on criminal law principles, the two definitional revisions had been carried out in the environments of different legal culture and social values in the Thai legislative bodies. It appears that the 2007 amendment followed a feminist perspective that emphasises the harm of sexual offences to bodily/sexual integrity as a state for individuals to realise their personhood, while the re-categorisation of sexual offences in the 2019 amendment suggests a greater role of the feminist perspective in another camp that views penile-penetration inherently differs from non-penile penetration and implies that the law continues, to a certain extent, regulating sexuality since the 2019 amendment used the reason of “naturalness” of sexual intercourse to distinguish between penile penetration and non-penile penetration. (shrink)

The decline of the rehabilitative ethos in sentencing theory in the post_1960's is a story that has been told often, and need not be rehearsed here. Penal treatment programs, once tested for their effectiveness, showed scant success _ or at most, succeeded only in limited categories of cases. Doubts grew also about the fairness of making the severity of a person's sentence depend upon his responsiveness to treatment. As penal rehabilitation diminished in influence, the key question for penologists (...) and reformers became: what conception of sentencing should follow it? My article, as well as Michael Tonry's and John Donahue's in the present volume, is devoted to this question, of the choice of sentencing rationale.I will focus, particularly, on a sentencing theory that became influential in the late 1970's and 1980's in this country and western Europe, and continues to have considerable influence today : namely, the proportionalist or 'desert' model for sentencing. I shall address briefly what this theory's main tenets are and how it differs from traditional retributivism; what has made it attractive to liberal criminologists and penal reformers during the last three decades; and whether and to what degree it has continued value and usefulness for the future. (shrink)

Bentham was an influential thinker with an ‘essentially practical mind’. His influence on British social and political reform, however, was indirect, coming largely after his death and largely through the work of his disciples. Bentham's own attempts to put his ideas directly into practice generally had little effect. He came closest to success in the area of penal policy, winning a contract from Pitt's government in the early 1790s to build and manage a penitentiary that was to be (...) organized on the panopticon principle. Bentham saw the penitentiary as the spearhead of prison reform and as a means of effecting a change from transportation to imprisonment as a punishment for serious crime. While Bentham's use of the panopticon principle itself has attracted most attention in the literature, there was more to his scheme than this. The penitentiary proposals were worked out in great detail, they were a conscious application of his theory of punishment, and they were consistent with and an element of his all-embracing plan of social, political, and constitutional reform. (shrink)

In this commentary, I explain how a student movement evolved from a social movement for quota reform into a political movement demanding regime change. I argue that the key factor enabling this transformation was its ability to unite various factions, which shifted public sentiment from addressing specific grievances to mounting a broader challenge to the regime.

This article examines Presbyterian interpretations in Scotland and Ireland of the Scottish Reformations of 1560 and 1638–43. It begins with a discussion of the work of two important Presbyterian historians of the early nineteenth century, the Scotsman, Thomas McCrie, and the Irishman, James Seaton Reid. In their various publications, both laid the template for the nineteenth-century Presbyterian understanding of the Scottish Reformations by emphasizing the historical links between the Scottish and Irish churches in the early-modern period and their common theology (...) and commitment to civil and religious liberty against the ecclesiastical and political tyranny of the Stuarts. The article also examines the commemorations of the National Covenant in 1838, the Solemn League and Covenant in 1843, and the Scottish Reformation in 1860. By doing so, it uncovers important religious and ideological linkages across the North Channel, including Presbyterian evangelicalism, missionary activity, church–state relationships, religious reform and revival, and anti-Catholicism. (shrink)

In this contribution we investigate the conceptual coherence of penal substitution and its moral validity. After assessing two opposing modern contributions, we turn to Reformed and medieval scholasticism. This scholastic manoeuvre sheds additional light on the analytic questions at issue. Following Owen and Scotus in their use of a relational analysis of guilt and its punishment, we argue that penal substitution is conceptually and morally coherent, albeit not univocally vis-à-vis ordinary punishment. Absent from the case of substitution is (...) personal deservedness; herein we follow Murphy. However, this leaves open the conceptual possibility of representative deservedness. (shrink)

Thanks to Michel Foucault, Jeremy Bentham's panopticon has become the iconic modern prison. But Foucault and most of his readers neglect the fact that a significant proportion of Bentham's panoptical writings were concerned with critically contrasting his ideal prison with the reality of penal transportation to New South Wales. Among his many criticisms, Bentham focussed particular attention on the problem of convict reform, arguing that surveillance was necessary to ensure genuine reformation, and that such surveillance was impossible in (...) the open prison of New South Wales. This connection between reformation and surveillance was a pervasive feature of Bentham's thought, reflected in his ideas for a centralised information state as well as his wider corpus on criminal justice. In this paper, I historicise Bentham's theory of reformative surveillance, and argue that Bentham, writing from London, misunderstood the importance of surveillance to the penal colony. At least in theory, convicts in New South Wales were subject to extensive systems of surveillance, and the failure of these systems in practice point to the limitations of Bentham's own, largely hypothetical, plans. (shrink)

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

This book considers the way that Cesare Beccaria's slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and over decades, if not centuries, after its publication. For those who turn to Beccaria's work today, the encounter is shaped by that knowledge. Appreciative of his book's dual nature as historical document and repository of ideas, the contributions in this collection address different aspects of the criminal justice theory Beccaria offered his readers and face up to methodological questions raised by (...) meeting a historical text of this kind - unsystematic and by modern standards often under-argued - with modern scholarly conventions in mind. Contributions in the first part of the book engage with Beccaria's 'political theory of criminal justice' through the lenses of political and penal philosophy. How do we get from Beccaria's blending of social-contractarian foundations and proto-utilitarian policy analysis to the concrete set of criminal justice practices Beccaria presents as justified? This leads across to the second part where contributors approach Beccaria's ideas with present-day reforms and developments in mind. Many of his policy proposals and arguments remain significant from our contemporary perspective, their limitations and omissions proving as instructive for the contemporary scholar as their more prescient elements. The third part offers those looking at Beccaria's work today a glimpse into the practical difficulties facing the firebrand author turned public servant during his long career in the Habsburg-Lombardian administration. It puts his work into the broader context of pathways to criminal justice reform in northern Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in Beccaria's day. (shrink)

The notion of competition depicted in sport literature appears to be inconsistent with the goals of current European soccer competitions. This paper examines two misconceptions of fair competition which are prevalent in these competitions. First, it aims at refuting the view that professional soccer only requires some basic equality of chances beyond the differences in players’ skills and managers’ knowledge of game strategy. In other words, it refutes the view that professional soccer only demands a notion of fair competition understood (...) as fair play. Second, the paper also aims at refuting the view that fair competition, in professional soccer, is simply a matter of financial viability. Hence, it calls for both genuine legal and ethical reforms, since professional soccer competition requires a notion of equality as both a goal and a right. Such a notion, we argue, must conceive of the differences in players’ skills and managers’ knowledge of game strategy as one of the primary factors in establishing a platform founded in fair competition. Therefore, this paper calls for a radical change of attitude toward or a radical approach to fair competition among European sport fans, policy-makers, and administrators. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. (...) After detailing the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Working on the Clinton Administration's Health Care Reform Task ForceNancy Neveloff Dubler (bio)This narrative is based on my understanding of the elements of the Health Security Act that may have ethical implications. I have reconstructed these elements from my experience on the Health Care Reform Task Force and they are part of the health care plan that the President presented to Congress. (At the time this article (...) went to press, the actual legislation, which should answer my remaining specific questions more clearly, had not yet been released.) I perceive the most important features of the plan to be:• The legislation will create a "right" to health care for all citizens—access to care will be universal;• The plan will involve some form of managed competition in which groups of providers (called Approved or Accredited Health Plans (AHPs)) will offer comparable benefit packages at slightly (or widely) different costs;• The AHPs will negotiate with the Health Alliance (HA) to determine the price that they will charge their consumer-patients;• There will be open enrollment with no barriers to coverage, such as exclusions for pre-existing conditions;• Community rating will be in effect in different localities and enrolled persons in any AHP will pay the same premium;• The coverage for any enrolled person will be portable;• The overall structure will be a cooperative federal/state enterprise in which the states will have quite extensive abilities to fashion variations of the basic plan to meet their particular needs;• Primary care will be encouraged and incentives for physicians to train in primary care specialties provided;• Non-physician providers will be central to the functioning of the health care plans;• Efforts will be made to develop a "person power" pool so that people with an abstract "right" to health care will have real access to providers, in their localities, who can fulfill the promise that the right creates; [End Page 421]• The goal of cost containment will be central to the organization and regulation of the system;• Administrative simplicity and quality protections will be central.Co-chairing the Bioethics Working Group (BWG) of the White House Task Force on Health Care Reform was a unique experience. Approximately 40 Task Force working groups were established by Hillary Rodham Clinton, the President, and the senior Task Force staff. Various members of the President's office and other knowledgeable members of the Executive Branch selected the participants. In our group, appointments were made largely on the recommendations of the co-chairs. The BWG, among the last of the groups formed, carried the official name "The Working Group on the Ethical Foundations of the New System" and was jointly led by me and Marion Gray Secundy, a Professor of Bioethics at Howard University. The fact that the leadership of the Task Force saw fit to establish such a group, thereby confirming that bioethics is a player in the arena of health care policy, was in itself significant and was made no less so by the lack of clarity regarding the group's aims and goals.The working groups of the Task Force were organized into clusters, determined by the relatedness of the somewhat distinct, but always overlapping, content of their investigations. Separate clusters and working groups, for example, looked at mental health, long term care, and the benefit package and coverage for low-income and non-working families. On this last issue there was also a working group that explored health policy initiatives for underserved populations. This multiple focus on related issues proved to be an excellent method for ensuring that the complexity of these topics was sufficiently explored. There was a published schedule for when these groups met together, and members of other groups who had similar or overlapping concerns were invited to attend and to participate.Every week or so, all of the working groups reported to the Task Force leadership, under the direction of Ira Magaziner, in a process called a "tollgate." Prior to the tollgate, the working groups were required to submit formal written analyses of the problems they had most recently been considering. Copies of these documents were placed in a special room so that those who were interested could review... (shrink)

Policy decisions regarding immunization during a pandemic are informed by the ethical understandings of policy makers. With the possibility that a vaccine might soon be available to mitigate the deadly COVID-19 pandemic, policy makers can consider learnings from past pandemic immunization campaigns. This critical analysis of three policy decisions made in Alberta, Canada, during the 2009 H1N1 influenza pandemic demonstrates the predominance of distributive justice principles and the problems that this created for vulnerable groups. Vulnerable groups identified in Alberta include (...) rural and First Nations populations. We propose a social justice approach as a viable alternative to inform pandemic immunization policy and invite debate. (shrink)

Some contemporary philosophers maintain we lack the kind of free will that makes us morally responsible for our actions. Some of these philosophers, such as Derk Pereboom, Gregg Caruso, and Bruce Waller, also argue that such a view supports the case for significant reform of the penal system. Pereboom and Caruso explicitly endorse a quarantine model for dealing with dangerous criminals, arguing that while not responsible for their crimes such criminals should be detained in non-harsh conditions and offered (...) the opportunity for rehabilitation. Waller does not explicitly endorse the quarantine model, but his view is similar in significant respects. I argue that such views can too easily lead to the endorsement of legal policies which would result in more frequent punishment of innocent persons for crimes they have not committed. Thus, we should have deep moral reservations about such views. (shrink)

Determining appropriate legal responses to the conduct of health care workers who endanger patients continues to provoke fierce debate. This is particularly true in the context of criminal law, which offers punishment as an obvious strategy. In the first of three papers which make up this issue's extended Health Care Law feature, Professor Alexander McCall Smith and Dr Alan Merry argue against the prosecution of health care workers except in circumstances where there is very dear evidence of a culpable frame (...) of mind. They do so against the backdrop of their description of proposed changes in New Zealand legislation on medical manslaughter. The catalyst for this change was a judge's refusal to countenance the prosecution of an anaesthetist for manslaughter for inadvertent error. In the authors' opinion the intervention by the New Zealand judge has given rise to a long overdue review of a harsh penal measure. However, in a commentary on McCall Smith and Merry's paper, Ron Paterson argues that all is not what it seems and that--in the light of New Zealand's 'no fault' system of compensation for medical accident--the present system should be maintained. (shrink)

Successful interactions between people are dependent on rapid recognition of social cues. We investigated whether head direction – a powerful social signal – is processed in the absence of conscious awareness. We used continuous flash interocular suppression to render stimuli invisible and compared the reaction time for face detection when faces were turned towards the viewer and turned slightly away. We found that faces turned towards the viewer break through suppression faster than faces that are turned away, regardless of eye (...) direction. Our results suggest that detection of a face with attention directed at the viewer occurs even in the absence of awareness of that face. While previous work has demonstrated that stimuli that signal threat are processed without awareness, our data suggest that the social relevance of a face, defined more broadly, is evaluated in the absence of awareness. (shrink)

This article asks if the incorporation of Sumak Kawsay, a concept from Andean philosophy, into the Constitution of Ecuador, has impacted the legal regulation of violence against women. It examines the trajectory of penal reform in the field of domestic violence and suggests that the decolonial shift in the Constitution has failed to significantly disrupt the dominant framework of penality in which gender violence regulation is inscribed. At the same time, feminist demands have been reframed through the formations (...) of criminal law and the dominant political discourse, resulting in provisions that reproduce a positivistic logic and a family protection rationality, with problematic consequences for women’s access to justice on the ground. If securing success in legal reform entails translating emancipatory demands into established and unchallenged penal paradigms, the potential of decolonial notions is overshadowed by the language, formalities and underlying assumptions of criminal law. (shrink)

Recent scholarship in intellectual humility (IH) has attempted to provide deeper understanding of the virtue as personality trait and its impact on an individual's thoughts, beliefs, and actions. A limitations-owning perspective of IH focuses on a proper recognition of the impact of intellectual limitations and a motivation to overcome them, placing it as the mean between intellectual arrogance and intellectual servility. We developed the Limitations-Owning Intellectual Humility Scale to assess this conception of IH with related personality constructs. In Studies 1 (...) (n= 386) and 2 (n = 296), principal factor and confirmatory factor analyses revealed a three-factor model – owning one's intellectual limitations, appropriate discomfort with intellectual limitations, and love of learning. Study 3 (n = 322) demonstrated strong test-retest reliability of the measure over 5 months, while Study 4 (n = 612) revealed limitations-owning IH correlated negatively with dogmatism, closed-mindedness, and hubristic pride and positively with openness, assertiveness, authentic pride. It also predicted openness and closed-mindedness over and above education, social desirability, and other measures of IH. The limitations-owning understanding of IH and scale allow for a more nuanced, spectrum interpretation and measurement of the virtue, which directs future study inside and outside of psychology. (shrink)

Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice (...) practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means. (shrink)