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)

Cities and local governments loom large on the sustainability agenda. Networks such as Fair Trade Towns International (FTT) and the Organic Cities Network aim to bring about global policy change from below. Given the new enthusiasm for local approaches, it seems relevant to ask to what extent local groups exercise power and in what form. City networks present their members as “ethical places” exercising _power with_, rather than _power over_ others. The article provides an empirical analysis of the power of (...) FTT and Organic Cities in Germany. In both cases, we found cities that are eager to emphasize their inclusive potential. Their willingness to compromise is demonstrated most illustratively by the fact that several cities are members of both networks: While the FTT campaign aims to address problems of international trade but does not abandon it, Organic Cities advocate for a new localism based on food supply from farmers in the same region. In both cases, city networks use their purchasing power to increase the share of certified products. By doing so, the city networks reproduce privileged positions of consumers benefitting from the global capitalist order (_power over_). However, our analysis revealed that networks also make citizens reflect upon agri-food challenges and allow developing alternatives for more sustainable systems (_power with_). (shrink)

Cet ouvrage est le fruit d'une recherche approfondie dans le champ de l'esthétique et de l'herméneutique des traditions orales africaines. Il est remarquable par sa singularité et son niveau d'élaboration philosophique. Il aura fallu traverser le triple brouillage des codes culturels eux-mêmes, de l'acculturation notamment coloniale, et du particularisme des études ethnologiques et philosophiques alors disponibles. Il aura fallu, en outre, mettre en oeuvre une démarche d'analyse régressive permettant de décliner les catégories qui, en deçà des normes et des procédés (...) constituant le système des réponses, les font tenir ensemble. L'oeuvre n'est pas une invite à un repli passéiste de la culture négro-africaine sur elle-même. Il faut y voir plutôt une tentative de détermination d'un "fonds de sens" susceptible de réappropriations différentes. (shrink)

Circalunar clocks, which allow organisms to time reproduction to lunar phase, have been experimentally proven but are still not understood at the molecular level. Currently, a new generation of researchers with new tools is setting out to fill this gap. Our essay provides an overview of classic experiments on circalunar clocks. From the unpublished work of the late D. Neumann we also present a novel phase response curve for a circalunar clock. These experiments highlight avenues for molecular work and call (...) for rigor in setting up and analyzing the logistically complex experiments on circalunar clocks. Re‐evaluating classic experiments, we propose that (1) circalunar clocks in different organisms will have divergent mechanisms and physiological bases, (2) they may have properties very different from the well‐studied circadian clocks and (3) they may have close mechanistic and molecular relations to seasonal rhythms and diapause. (shrink)

In diesem Fazit & Ausblick werden nun die in der Einleitung formulierten Themenfelder, in denen wir auch die Anschlüsse an Arbeiten und Forschungsgebiete der Historischen Anthropologie gegeben sahen, wieder aufgegriffen. Dies geschieht entlang von Aspekten, die durch die responses aufgeworfen wurden, und die wir hinsichtlich unserer Forschung zu Arenen transkultureller Bildung weiterdenken. Ein wichtiger Schwerpunkt liegt dabei auf den Transmissionseffekten, die sich im Forschungsprozess, auch unter Einbezug der responses, zwischen den Forschungsfeldern – den Arenen Theater und Schule – ergeben haben. (...) Daran anschließend formulieren wir die Implikationen, die sich daraus für die Weiterentwicklung unserer Methoden ergeben haben, sowie einen Ausblick, der sich den Möglichkeiten der Erweiterung der Forschung zu kultureller Bildung unter Einbezug postkolonialer und transkultueller Analyseperspektiven widmet. Wir haben in den drei Method Labs„Method Mixing: Methoden der Praxis in postmigrantischen Kontaktzonen“ (November 2017); „Towards new methodologies in transcultural education: Performativity of the digital, Material Feminism and transcultural analysis” (Juni 2018) und “Arenas of transcultural Education: artistic research, art based methods, New Materialism and Sensory Ethnography“ (Januar 2019). Praktiker*innen und Wissenschaftler*innen, die aus unterschiedlichen Disziplinen und Forschungsschwerpunkten kommen und in verschiedenen europäischen Universitäten und Institutionen forschen und arbeitenSound Studies, Historische und pädagogische Anthropologie; Allgemeine Erziehungswissenschaft, Anglistik und Postcolonial Studies, Global Childhood & Youth Studies, International Childhood Studies, Grundschulpädagogik, Theaterpädagogik und Dramaturgie sowie Lehrerbildung, künstlerische Forschung und kulturelle Bildung., eine Auswahl des über drei Jahre im Feld erhobenen Materials, das Method Mixing der beiden Arenen Schule und Theater, sowie unsere diffraktionellen Analysen, die entstandenen Interferenzen, und das sich daraus entwickelnde Method Mixing des Projekts vorgestellt. Nach intensiven, über zwei Tage andauernden Diskussionen über das unseren Gästen der Method Labs vorgestellte Material haben wir diese um eine Verschriftlichung ihrer responses gebeten. Die Wahl des Themas sowie des Umfangs und der Form wurden dabei freigestellt. Herausgekommen sind sehr unterschiedliche, und, wie wir finden, im Kern ebenfalls diffraktionell operierende Antworten, die in den vorangegangen Kapiteln vorgestellt wurden. (shrink)

Some time ago, the philosopher Luciano Floridi suggested that Western philosophy, and the mainstream contemporary approach to it traditionally called ‘analytic philosophy’, is in dire need of a reboot. The concern was that the discipline might be in a period of decadence. Analytic philosophy would be benefited by greater internationalization, wider and more transparent decision-making, and the reduction (as much as possible) of conflicts of interest as well as of its current habit of hiring and providing publication opportunities on the (...) basis of contacts, networking, and academic pedigree. If we are right, then we need a reconditioning of the institutional framework of analytic philosophy that adjusts it to the current global and interconnected world. (shrink)

Community engagement and participatory research have been appropriately employed to increase the relevance, rigor, and acceptability of all types of research, but these approaches may be particularly important in genomics and biomedical research on sensitive traits such as neurodevelopmental, psychiatric, and behavioral ones. Here, we provide an overview of past and ongoing efforts in community engagement in genomics studies and consider successes and opportunities for further improvement. Informed by this knowledge as well as one of the author's experiences, we set (...) out a vision for a more equitable and collaborative genomics where wider communities, including social, ethnic, and other communities that share a particular trait, are included in the research as peers and collaborators, not solely as objects of study. (shrink)

While there is a great deal to agree with in the essay Expanded Terminal Sedation in End-of-Life Care there is, we think, a need to more fully appreciate the humanistic side of both palliative and end-of-life care.1 Not only does the underlying philosophy of palliative care arguably differ from that which guides curative medicine,2 dying patients are in a uniquely vulnerable position given our cultural disinclination towards open discussions of death and dying. In this brief response, we critically engage Gilbertson (...) et al ’s essay and seek to contextualise the perspective they put forward. According to Cassell, we should distinguish between pain and suffering.3 The former often gives rise to the latter, but suffering has other causes. This includes existential distress, indicating that, unlike pain, suffering is not simply physiological phenomena. Suffering involves the disintegration of the person, meaning that it can impact patient autonomy. Certainly, that a patient is suffering does not equate to a lack autonomy. Nevertheless, we should take care when making decisions in circumstance where the integrity of our embodied personhood is under threat, something that is clearly the case for those who are dying, particularly those who have refractory symptoms while doing so. Generally speaking, refractory symptoms are those which are intractable. They persist despite attempts at palliation. While this implies that such symptoms—and the suffering they cause—cannot be reversed this is not necessarily the case. Not only can the symptoms experienced by dying patients change …. (shrink)

We tested whether the impact of an organizational transgression on consumer sentiment differs depending on whether the organization is a nonprofit. Competing hypotheses were tested: that people expect higher ethical standards from a nonprofit than a commercial organization, and so having this expectation violated generates a harsher response and that a nonprofit’s reputation as a moral entity buffers it against the negative consequences of transgressions. In three experiments participants were told that an organization had engaged in fraud, exploitation of women, (...) or unethical labor practices. Consistent with the moral disillusionment hypothesis, decreases in consumer trust post-transgression were greater when the organization was described as nonprofit, an effect that was mediated by expectancy violations. This drop in trust then flowed through to consumer intentions and consumer word of mouth intentions. No support was found for the moral insurance hypothesis. Results confirm that nonprofits are penalized more harshly than commercial organizations when they breach consumer trust. (shrink)

Policy‐makers, bioethicists, and patient advocates have been engaged in a fierce battle about the merits and potential harms of a federal right‐to‐try law. This debate about access to investigational medical products has raised profound questions about the limits of patient autonomy, appropriate government regulation, medical paternalism, and political rhetoric. For example, do patients have a right to access investigational therapies, as the right‐to‐try movement asserts? What is government’s proper role in regulating and facilitating access to drugs that are still in (...) development? In this review, we analyze the history of the right‐to‐try movement, review the arguments put forth by supporters and opponents of the legislation, and consider the movement’s consequences. Two possible scenarios may emerge. One is that the right‐to‐try pathway may fail to meaningfully increase patient access to investigational products. Alternatively, certain companies may attempt to rely on the federal right‐to‐try legislation to sell investigational products, taking advantage of the provision that allows for direct costs, as there is currently no clear mechanism for enforcement or monitoring of cost calculations. (shrink)

How do archaeologists make effective use of physical traces and material culture as repositories of evidence? Material Evidence is a collection of 19 essays that take a resolutely case-based approach to this question, exploring key instances of exemplary practice, instructive failures, and innovative developments in the use of archaeological data as evidence. The goal is to bring to the surface the wisdom of practice, teasing out norms of archaeological reasoning from evidence. -/- Archaeologists make compelling use of an enormously diverse (...) range of material evidence, from garbage dumps to monuments, from finely crafted artifacts rich with cultural significance to the inadvertent transformation of landscapes over the long term. Each contributor to Material Evidence identifies a particular type of evidence with which they grapple and considers, with reference to concrete examples, how archaeologists construct evidential claims, critically assess them, and bring them to bear on pivotal questions about the cultural past. -/- Historians, cultural anthropologists, philosophers, and science studies scholars are increasingly interested in working with material "things" as objects of inquiry and as evidence – and they acknowledge on all sides just how challenging this is. One of the central messages of the book is that close analysis of archaeological best practice can yield constructive guidelines for practice that have much to offer practitioners within archaeology and well beyond. (shrink)

Human connection is universally important, particularly in the context of serious illness and at the end of life. The presence of close family and friends has many benefits when death is close. Hospital visitation restrictions during the Coronavirus pandemic therefore warrant careful consideration to ensure equity, proportionality, and the minimization of harm. The Australian and New Zealand Society for Palliative Medicine COVID-19 Special Interest Group utilized the relevant ethical and public health principles, together with the existing disease outbreak literature and (...) evolving COVID-19 knowledge, to generate a practical framework of visiting restrictions for inpatients receiving palliative and end-of-life care. Expert advice from an Infectious Diseases physician ensured relevance to community transmission dynamics. Three graded levels of visitor restrictions for inpatient settings are proposed, defining an appropriate level of minimum access. These depend upon the level of community transmission of COVID-19, the demand on health services, the potential COVID-19 status of the patient and visitors, and the imminence of the patient’s death. This framework represents a cohesive, considered, proportionate, and ethically robust approach to improve equity and consistency for inpatients receiving palliative care during the COVID-19 pandemic and may serve as a template for future disease outbreaks. (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)

Previous research in North America has supported the view that male involvement in committed, romantic relationships is associated with lower testosterone (T) levels. Here, we test the prediction that undergraduate men involved in committed, romantic relationships (paired) will have lower T levels than men not involved in such relationships (unpaired). Further, we also test whether these differences are more apparent in samples collected later, rather than earlier, in the day. For this study, 107 undergraduate men filled out a questionnaire and (...) collected one saliva sample (from which a subject’s T level was measured) at various times across the day. As in previous studies, men involved in committed, romantic relationships had lower salivary T levels, though only during later times of the day. Furthermore, additional analysis of the variation among unpaired subjects indicated that men without prior relationship experience had lower T levels than experienced men. Finally, while paired men as a group had lower T levels than unpaired men, those men at the earliest stage (less than six months) of a current relationship had higher T levels than unpaired men as well as men in longer-term relationships. These results suggest that variation in male testosterone levels may reflect differential behavioral allocation to mating effort. (shrink)

Affective forecasting often drives decision-making. Although affective forecasting research has often focused on identifying sources of error at the event level, the present investigation draws upon the “realistic paradigm” in seeking to identify factors that similarly influence predicted and actual emotions, explaining their concordance across individuals. We hypothesised that the personality traits neuroticism and extraversion would account for variation in both predicted and actual emotional reactions to a wide array of stimuli and events (football games, an election, Valentine's Day, birthdays, (...) happy/sad film clips, and an intrusive interview). As hypothesised, individuals who were more introverted and neurotic anticipated, correctly, that they would experience relatively more unpleasant emotional reactions, and those who were more extraverted and less neurotic anticipated, correctly, that they would experience relatively more pleasant emotional reactions. Personality explained 30% of the concordance between predicted and actual emotional reactions. Findings suggest three purported personality processes implicated in affective forecasting, highlight the importance of individual-differences research in this domain, and call for more research on realistic affective forecasts. (shrink)

The measurement of pain depends upon subjective reports, but we know very little about how research subjects or pain patients produce self-reported judgments. Representationalist assumptions dominate the field of pain research and lead to the critical conjecture that the person in pain examines the contents of consciousness before making a report about the sensory or affective magnitude of pain experience as well as about its nature. Most studies to date have investigated what Fechner termed “outer psychophysics”: the relationship between characteristics (...) of an external stimulus and the magnitude and nature of pain experience. In contrast, Fechner originally envisioned that “inner psychophysics” should investigate the relationship between physiological states and subjective experience. Despite the lack of established research tradition, inner psychophysics has a potential utility in elucidating underlying mechanisms for the production of phenomenal self-report. We illustrate this, using causal modeling analyses of the accuracy of self-reported pain ratings from our laboratory. We submit that the results are inconsistent with representationalist assumptions. Converging trends from several domains of consciousness studies seem to suggest that we need to abandon the unquestioned doctrine of representationalism and search for a more viable framework for understanding the generation of subjective self-report. (shrink)

Background: Respectful care is central to ethical codes of practice and optimal patient care, but little is known about the influences on and challenges in communicating respect. Research question: What are the intra- and inter-personal influences on nurses’ communication of respect? Research design and participants: Semi-structured interviews with 12 hospital-based UK registered nurses were analysed using interpretative phenomenological analysis to explore their experiences of communicating respect to patients and associated influences. Ethical considerations: The study was approved by the Institutional ethics (...) board and National Health Service Trust. Findings: Three interconnected superordinate themes were identified: ‘private self: personal attitudes’, ‘outward self: showing respect’ and ‘reputational self: being perceived as respectful’. Respectful communication involved a complex set of influences, including attitudes of respect towards patients, needs and goals, beliefs around the nature of respectful communication, skills and influencing sociocultural factors. A tension between the outward self as intended and perceived presented challenges for nurses’ reputational self as respectful, with negative implications for patient care. Discussion: The study offers an in-depth understanding of intra- and inter-personal influences on communicating respect, and sheds light on challenges involved, helping provide practical insights to support respectful care. Conclusion: Findings stress the need for improved conceptualisations of respect in healthcare settings to formally recognise the complex attitudinal and socially constructed nature of respect and for appropriate professional training to improve its communication. (shrink)

Abstract:In this paper, I apply John Cage’s wide musical embrace of sound to the field of music education and explore its curricular and practical implications. In particular, I ask music teachers to consider themselves teachers of sound, or “sound teachers.” I argue that privileging sound as our chief concern leads us to reconsider the ways we speak about music, the offerings we include in our music curricula, and the ways we teach (about) sound. In particular, I suggest that application of (...) Cage’s ideas compels us to permit still more genres and styles in the classroom and curriculum, to emphasize activities that allow students to manipulate a diverse palette of sound types (for example, electronic composition), and to teach in ways that expand and diversify rather than narrow and limit students’ relationships with sound. I close by considering how Cage’s ideas of “purposeless play” and “purposeful purposelessness” orient our goals toward making students more attentive to and invested in the world of sound and the sound of the world. (shrink)

The incidence of chronic illness is growing globally. As a result, there are fiscal and social implications for health delivery. Alongside the increased burden on health resources is the expectation that someone within the family will assume the responsibility of carer for those who are chronically ill. The expectation to assume the role of carer may be amplified for family members who are also nurses. Currently, there is little research that investigates the impact of nurses who are carers for family (...) with a chronic illness. Consequently, this qualitative study, based on face‐to‐face and telephone dialogue, was conducted using unstructured interviews. A phenomenological‐hermeneutic approach utilizing the hermeneutic circle was employed to understand the meaning of the transcriptions. Hermeneutic phenomenology inspired by Heideggerian philosophy was used as a framework to clarify themes and build ways of understanding the phenomenon of ‘Being’ a nurse and a family carer. Themes identified in the analysis of the study included a personal world, a professional world and a practical world. This paper explicates the findings from examination of the personal world of ‘Being’ a nurse who is also a family carer. Analysis revealed there were three facets to this way of ‘Being’: a shared experience, a caring experience and a fraught experience. The findings of the study disclosed that participants were informed by experiences that were both enriching and conflicting. These insights can enlighten healthcare professionals to the tensions which exist for nurses who care for family so that these considerations are incorporated into individualized and effective family‐centred care. (shrink)

Les programmes d’éducation inclusive (IE) visent à intégrer les enfants handicapés dans les écoles ordinaires en leur offrant une éducation de qualité dans un environnement sans obstacles. Si l’éducation inclusive fait désormais partie intégrante du programme de développement mondial, de nombreuses questions subsistent à propos de la meilleure façon de mettre en œuvre ces programmes d’éducation inclusive, compte tenu des contextes et des défis différents qui se présentent dans les pays en développement. “One Class for All” est un programme d’éducation (...) informelle financé par Light for the World, une ONG internationale, et mis en œuvre par 14 organisations partenaires éthiopiennes. Les auteurs de cet article ont utilisé un modèle d’évaluation descriptive de la mise en œuvre combinant des éléments qualitatifs et quantitatifs pour évaluer l’étendue, la qualité et la satisfaction des programmes d’éducation informelle mis en œuvre par un échantillon de partenaires de Light for the World. Les données utilisées comprenaient des données de suivi de la mise en œuvre de routine, une enquête auprès de tous les partenaires de mise en œuvre, des entretiens avec des informateurs clés et des observations structurées des écoles et des participants dans les écoles de l’échantillon en Éthiopie. L’évaluation a principalement indiqué la nécessité de plans de développement plus structurés pour chaque école et d’un programme de formation des enseignants plus structuré. Cette évaluation contribue à la littérature limitée sur la mise en œuvre d’un programme d’éducation inclusive dans un pays africain. (shrink)

Rensink [Rensink, R. A. . Visual sensing without seeing. Psychological Science, 15, 27–32] has presented evidence suggesting visual changes may be sensed without an accompanying visual experience. Here, we report two experiments in which we monitored observers’ eye-movements whilst they searched for a difference between two simultaneously presented images and pressed separate response keys when a difference was seen or sensed. We first assessed whether sensing performance was random by collecting ratings of confidence in the validity of sensing and assessing (...) gaze location during sensing. Sensing was not random: fixation position and confidence ratings were different when a difference was present compared to catch trials. Furthermore, the uniformity of objects in the images and the type of difference appear to affect seeing and sensing differently, suggesting that these processes are dissociated. The possibility is discussed of a sensing mechanism that increases vigilance toward unconsciously registered differences, particularly changes to scene layout. (shrink)

Popular songs are ubiquitous in the lives of school-age children, but the construction of traditional school music curricula does not always provide an adequate framework for studying them. In particular, the salience of words qua lyrics is an inescapable feature of popular songs, and recognizing the musical properties of those lyrics opens for study an important dimension of the real-world music that students of all ages engage so readily. Rather than treating song lyrics as separate from the music, I here (...) attempt to establish that lyrics can be treated as musical entities, as demonstrated in scholarship from popular music theorists and musicologists that highlights the musical properties of song lyrics and the musicianship of those who write them. Then, I argue that existing school curricula could do more to give lyrics their musical due, which would not only enhance the teaching and learning of popular songwriting itself, but also may expand notions of what counts as music more broadly, with benefits for school music curricula overall, perhaps especially in the domains of choral and general music. (shrink)

This article focuses on 'improving' schools in difficult or disadvantaged contexts. It explores the contemporary policy discourse and intervention strategies aimed at improving schools in such circumstances. It argues that contemporary approaches to improvement are unlikely to succeed because the approaches adopted are not sufficiently differentiated or context specific. Drawing on two recent empirical studies, the article offers an alternative perspective on school improvement within this group of schools. It argues against standardised solutions in favour of a differentiated approach to (...) school improvement that recognises and respects the diversity, variability and complexity of schools in difficult contexts. (shrink)

The increasing focus to go beyond assessing cognitive constructs around the globe and in Singapore such as cultural awareness, grit and moral reasoning and the call for schools to prepare students for citizenship the development of corresponding instruments applicable in a larger scale. Given the significance of moral reasoning and its assessment are key elements within the current Singapore Character and Citizenship Education curriculum -syllabus.pdf, 2012), there is room to explore how moral reasoning can be assessed practically in a large-scale (...) setting. Undergirding this exploration requires a review of the epistemology of moral reasoning, corresponding theoretical frameworks, and how they might apply to moral education in Singapore schools. By reviewing perspectives of moral reasoning from relevant literature beyond educational research to business, medical and philosophical domains, this paper aims to propose an operational definition of moral reasoning suitable for use in Singapore schools, and to mitigate possible issues brought about by educators’ disparate or assumed understanding of moral reasoning. This can consequently support the enactment of the CCE curriculum and be applied to the development of assessment instruments suitable for use within Singapore schools and similar contexts. (shrink)

Many writers have sought to outline Wesley’s conception of how human beings obtain revelational knowledge. In this regard, the use of what has been dubbed the Wesleyan quadrilateral continues to remain widespread in both the academy and the pulpit. However, this presentation of Wesley’s thought has received severe criticism from the late William Abraham, philosopher of religion and Methodist commentator. He has proposed the creation of a new subdiscipline in epistemology for examining theology. This view has prompted a handful of (...) attempts to extrapolate John Wesley’s epistemology of theology from his various writings. The present essay will contribute to this discussion by examining Wesley’s approach to these questions. In doing so, it explores mainly the function and place of nature in Wesley’s theological reflections. Drawing mainly upon Wesley’s A View of the Wisdom of God in Creation, this essay shows that the natural world played an important, neglected role in Wesley’s epistemology of theology.Contribution: This article contributes to a new subdiscipline in epistemology for examining theology by presenting a new perspective on John Wesley by exploring the role of nature in his thought. Offering an epistemological–theological interpretation of John Wesley, this article fits well within the scope of HTS Teologiese Studies/Theological Studies, particularly this subsection. (shrink)