This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. (...) Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government-one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law , addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS. (shrink)

People who believe they have greater efficacy to address climate change are more likely to engage in pro-environmental behaviour. To confront the climate crisis, it will therefore be essential to understand the processes through which climate change efficacy is promoted. Some interventions in the literature assume that efficacy emerges from analytic reasoning processes: that it is deliberative, verbal, conscious, and influenced by information and education. In the current paper, we critique this notion. We review evidence showing that climate change efficacy (...) perceptions are (a) associated with climate-related distress and threat, (b) prescribed by social norms, (c) associated with social desirability and identity-expressive concerns, (d) surprisingly difficult to change through explicit, verbal instruction, but (e) responsive to imagery. We conclude by examining applied implications of these five propositions and discuss why non-analytic processes might (ironically) be beneficial for sustaining green activism. (shrink)

Material evidence: learning from archaeological practice / Alison Wylie and Robert Chapman -- Part I. Fieldwork and recording conventions -- Repeating the unrepeatable experiment / Richard Bradley -- Experimental archaeology at the cross roads: a contribution to interpretation or evidence of xeroxing / Martin Bell -- Proportional representation: multiple voices in archaeological interpretation at çatalhöyük / Shahina Farid -- Integrating database design and use into recording methodologies / Michael J. Rains -- The tyranny of typologies: evidential reasoning in romano-egyptian (...) domestic archaeology / Anna Lucille Boozer -- Part II. Cross-field trade: archaeological applications of external expertise and technologies -- The archaeological bazaar: scientific methods for sale? or: putting the "arch" back into archaeometry / A. M. Pollard and P. Bray -- Radiocarbon dating and archaeology: history, progress and present status / Sturt W. Manning -- Using evidence from natural sciences in archaeology / David Killick -- Working the digital: some thoughts from landscape archaeology / Marcos Llobera -- Crafting knowledge with (digital) visual media in archaeology / Sara Perry -- Part III. Multiple working hypotheses, strategies of elimination, and triangulation -- Uncertain on principle: combining lines of archaeological evidence to create chronologies / Alex Bayliss and Alasdair Whittle -- Lessons from modelling neolithic farming practice: methods of elimination / Amy Bogaard -- Evidence, archaeology and law: an initial exploration / Roger M. Thomas -- Law and archaeology: modified wigmorean analysis / Terence Anderson and William Twining -- Traditional knowledge, archaeological evidence, and other ways of knowing / George Nicholas and Nola Markey -- Part IV. Broader perspectives: material culture as object and evidence -- Evidence of what? on the possibilities of archaeological interpretation / Gavin Lucas -- Meeting pasts halfway: a consideration of the ontology of material evidence in archaeology / Andrew Meirion Jones -- Matter and facts: material culture and the history of science / Simon Werrett. (shrink)

BackgroundECMO is a particularly scarce resource during the COVID-19 pandemic. Its allocation involves ethical considerations that may be different to usual times. There is limited pre-pandemic literature on the ethical factors that ECMO physicians consider during ECMO allocation. During the pandemic, there has been relatively little professional guidance specifically relating to ethics and ECMO allocation; although there has been active ethical debate about allocation of other critical care resources. We report the results of a small international exploratory survey of ECMO (...) clinicians’ views on different patient factors in ECMO decision-making prior to and during the COVID-19 pandemic. We then outline current ethical decision procedures and recommendations for rationing life-sustaining treatment during the COVID-19 pandemic, and examine the extent to which current guidelines for ECMO allocation (and reported practice) adhere to these ethical guidelines and recommendations.MethodsAn online survey was performed with responses recorded between mid May and mid August 2020. Participants (n = 48) were sourced from the ECMOCard study group—an international group of experts (n = 120) taking part in a prospective international study of ECMO and intensive care for patients during the COVID-19 pandemic. The survey compared the extent to which certain ethical factors involved in ECMO resource allocation were considered prior to and during the pandemic.ResultsWhen initiating ECMO during the pandemic, compared to usual times, participants reported giving more ethical weight to the benefit of ECMO to other patients not yet admitted as opposed to those already receiving ECMO, (p < 0.001). If a full unit were referred a good candidate for ECMO, participants were more likely during the pandemic to consider discontinuing ECMO from a current patient with low chance of survival (53% during pandemic vs. 33% prior p = 0.002). If the clinical team recommends that ECMO should cease, but family do not agree, the majority of participants indicated that they would continue treatment, both in usual circumstances (67%) and during the pandemic (56%).ConclusionsWe found differences during the COVID-19 pandemic in prioritisation of several ethical factors in the context of ECMO allocation. The ethical principles prioritised by survey participants were largely consistent with ECMO allocation guidelines, current ethical decision procedures and recommendations for allocation of life-sustaining treatment during the COVID-19 pandemic. (shrink)

The debate about positive and negative claims of conscience is, in large part, about ethical consistency. In this commentary I argue that there can be differences between conscientious provision of treatment and conscientious nonprovision of treatment that are ethically relevant. However, in many cases, including those described in this commentary, there is not sufficient ethical reason to treat them differently. This means that asymmetrical conscientious objection policies are potentially unjustified.

Philosophical work on truth covers two streams of inquiry, one concerning the nature (if any) of truth, the other concerning truth-related paradox, especially the Liar. For the most part these streams have proceeded fairly independently of each other. In his "Deflationary Truth and the Liar" (JPL 28:455-488, 1999) Keith Simmons argues that the two streams bear on one another in an important way; specifically, the Liar poses a greater problem for deflationary conceptions of truth than it does for inflationist conceptions. (...) We agree with Simmons on this point; however, we disagree with his main conclusion. In a nutshell, Simmons' main conclusion is that deflationists can solve the Liar only by compromising deflationism. If Simmons is right, then deflationists cannot solve the Liar paradox. In this paper we argue that, pace Simmons, there is an approach to the Liar that is available to deflationists, namely dialetheism. (shrink)

In this commentary I assess the possible harms to a fetus with trisomy 18 of continued life. I argue that, although there is good reason to avoid subjecting infants to major surgery and prolonged intensive care where there is little chance of benefit, doctors should support and engage honestly with parents who decide to continue their pregnancies. We should ensure that infants with trisomy 18 have access to high quality palliative care.

Messianic peacemakers: Intertextual relationships between Zechariah 9-14 and the Gospel of Matthew. This article deals with images of war, violence and peace and with the role of messianic leaders in Deutero-Zechariah and the way in which texts from Zechariah 9–14 have been interpreted in the Gospel of Matthew. The first section describes the lines of meaning in Zechariah 9–14 on the basis of word fields related to violence and universal peace. The second section discusses Deutero-Zechariah’s own position in the development (...) of messianic expectations in Old Testament texts. In the third section, the question is asked how the meaning of texts from Zechariah 9–14 about messianic leaders has been influenced by earlier prophetic texts, and how these texts in their turn have been transformed and updated in the Gospel of Matthew, which contains explicit quotations from Deutero-Zechariah in 21:5; 26:15; 26:31 and 27:9–10. The fourth section summarises some interesting semantic shifts appearing in Matthew’s gospel compared to Deutero-Zechariah. Moreover, some critical comments are presented against the idea defended in some recent studies that there is a sharp tension between Jesus’s role in Matthew as the bringer of a peaceful ethical message, and his violent and vindictive role at the final judgement. At the end of this article, the burning question is raised whether Zechariah’s and Matthew’s messages, both of which are characterised by a certain degree of exclusivity, can play a constructive role in modern multi-religious discussions about common roads leading to global peace. (shrink)

Studies in philosophy: I. Tufts, J.H. On moral evolution. II. Willcos, W.F. The expansion of Europe in its influence upon population. III. Woods, R.A. Democracy a new unfolding of human power. IV. Sharp, F.C. An analysis of the moral judgment. V. Woodbridge, F.J.E. The problem of consciousness. VI. Norton, E.L. The intellectual element in music. VII. Raub, W.L. Pragmatism and Kantianism. VIII. Lyman, E.W. The influence of pragmatism upon the status of theology.--Studies in psychology: IX. Delabarre, E.B. Influence of surrounding (...) objects on the apparent direction of a line. X. Swift, E.J. Beginning a language; a contribution to the psychology of learning. XI. Pierce, A.H. An appeal from the prevailing doctrine of a detached subconsciousness. XII. Woodworth, R.S. The cause of a voluntary movement. XIII. Burnett, C.T. An experimental test of the classical theory of volition. (shrink)

Book reviewed in this article:Developing a taste for Phillips' provocative writings; A review of: D.C. Phillips.Regressive turtles versus research; A review of: MacPherson.

I intend to defend the following as a necessary condition of a belief S being epistemically justified for a subject:Awareness Requirement: S is justified in believing that P only if i) there is something, X, that contributes to the justification of B; and ii) S is aware of X.This will be shown through drawing attention to our considered judgments about cases. That will then lay the groundwork for giving an account of the nature of this awareness in the second half (...) of this paper. In doing so I will examine and respond to an argument against the awareness requirement that we might call Bergmann‟s Dilemma. My solution invokes what I call “non-doxastic strong awareness” in a way that avoids the regresses that Bergmann advances. (shrink)

It is sometimes argued that practices such as organ-selling should be prohibited because they are demeaning to the individuals involved. In this article the plausibility of such an argument is questioned. I will examine what it means to demean or be demeaned, and suggest that the mere fact that an individual is demeaning themself does not provide sufficient justification for legal prohibition. On the contrary, such laws might be argued to be demeaning.

After a discussion of Bacon's views on the subject, Van Leeuwen examines a different theory of certainty. This is the theory that was elaborated by Chillingworth and Tillotson, two English Protestant clergymen, in the course of a controversy centering upon the problem of deciding with certainty which beliefs constituted a Rule of Faith, i.e., the basic requirements of belief for Salvation. Chillingworth and Tillotson attempted to avoid both dogmatism and total skepticism by insisting on the existence of levels of certainty (...) and maintaining that the criteria of common sense are appropriate for the solution of theoretical religious questions. According to Van Leeuwen, the application of this theory is extended to scientific contexts in the work of Wilkins and Glanvill and is inherent in the scientific work of such members of the Royal Society as Boyle and Newton. The exposition is good; but the author's claim to a rigorous evolutionary line in the development of the doctrine of certainty among the figures he has treated is sometimes overstated.—T. J. C. (shrink)

J. C. Dybikowski; VII*—Lord Devlin's Morality and its Enforcement, Proceedings of the Aristotelian Society, Volume 75, Issue 1, 1 June 1975, Pages 89–110, https.

J. C. Dybikowski; VII*—Lord Devlin's Morality and its Enforcement, Proceedings of the Aristotelian Society, Volume 75, Issue 1, 1 June 1975, Pages 89–110, https.

In this paper we continue the study of inner models of the type studied inInner models for set theory—Part I.The present paper is concerned exclusively with a particular kind of model, the ‘super-complete models’ defined in section 2.4 of I. The condition of 2.4 and the completeness condition 1.42 imply that such a model is uniquely determined when its universal class Vmis given. Writing condition and the completeness conditions 1.41, 1.42 in terms of Vm, we may state the definition in (...) the form:3.1. Dfn.A classVmis said to determine a super-complete model if the model whose basic notions are defined by,satisfies axiomsA, B, C.N. B. This definition is not necessarily metamathematical in nature. If desired, it could be written out quite formally as the definition of a notion ‘SCM’ thus:whereψ is the propositional function expressing in terms ofUthe fact that the model determined byUaccording to 3.1 satisfies the relativization of axioms A, B, C. E.g. corresponding to axiom A1m, i.e.,,ψ contains the equivalent term. All the relativized axioms can be similarly expressed in this way by first writing out the relativized form and then replacing ‘ϕ bywhich is in turn replaced by, and similarly replacing ‘ϕ’ by ‘ϕ’ by ‘), andThusψ is obtained in primitive notation. (shrink)