Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given rise (...) to recent calls to reform the state's criminal justice system by introducing privately inflicted sanctions, for example, shaming penalties, private prisons, or private probationary services. This paper challenges this view and argues that the agency of the state is indispensable to criminal sanctions. Privately inflicted sanctions sever the link between the state's judgments concerning the wrongfulness of the action and the appropriateness of the sanction and the infliction of sufferings on the criminal. When a private individual inflicts punishment, she acts on what she and not the state judges to be a justified response to a criminal act. Privately inflicted sanctions for violations of criminal laws are not grounded in the judgments of the appropriate agent, namely the state. It is impermissible on the part of the state to approve, encourage, or initiate the infliction of a sanction on an alleged wrongdoer on the basis of a private judgment. Such an approval grants undue weight to the private judgment of the individual who inflicts the sanction. (shrink)

Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.

This chapter contains section titled: Introduction The Nature of Rights: Logic, Substance, and Strength Rights and Their Role in Moral Theory Conclusion References.

In Computers Ltd, David Harel, best-selling author of Algorithmics, explains and illustrates one of the most fundamental, yet under-exposed facets of computers - their inherent limitations. Looking at the bad news that is proven, lasting, and robust, discussing limitations that no amounts of hardware, software, talents, or resources can overcome, the book presents a disturbing and provocative view of computing at the start of the 21st century.

This article engages new histories of the black frontline communities of the Underground Railroad to rethink both fugitive democracy and the transformative possibilities of sanctuary as its constitutive twin. We analyze the ways that communities of free blacks and fugitives in the border zones between the Antebellum US North and South crafted themselves as magnetic spaces of creative refuge that suggest we reconceive sanctuary as the generative twin of fugitivity. This insight enables us to theorize new ethical and political dimensions (...) of Sheldon Wolin’s concept fugitive democracy by illuminating how fugitivity as flight away from danger can be interwoven with sanctuary as flight into and toward alternatives. Specifically, we theorize three dimensions of fugitive democracy/transformative sanctuary—sanctuary tending, dramatic sanctuary, and disruptive hospitality. While some theorists have considered key motifs in Wolin’s fugitive democracy to be opposed to vital themes disclosed in contemporary theories of black fugitivity, we argue that the power of black frontline communities stemmed precisely from their capacities to dynamically entangle political approaches (mis)taken to be at odds. For example, we suggest a theory and practice of tending involving both nurturing care and militantly defensive action, dramatic sanctuary performances that amplify public power by oscillating between tricky concealment and flagrant publicity, and disruptive hospitality that interweaves law-breaking harbor with strategies for juridical and institutional change. These insights open onto an alternative imaginary that can also provide a toolbox for building grassroots democratic power today, particularly in the face of emergent neofascism and escalating displacement worldwide. (shrink)

This article explores the relationship between truth commissions and gendered citizenship through a case study of Timor-Leste. It examines how, 10 years after the Commission for Reception, Truth and Reconciliation has completed its work, women’s citizenship remains constrained by, and negotiated within, deeply gendered narratives of nation-building that are informed by historical experiences of the resistance struggle. The power of these narratives—which foreground heroism rather than victimisation—underscores the need to situate truth commissions as part of an ongoing politics of memory. (...) Despite the power of political elites to shape this politics, the continued marginalisation of sections of society within official narratives is also providing an impetus for alternative truth-telling efforts that seek to broaden public perspectives on the past. By promoting new narratives of women’s experiences of the conflict, these projects might be understood as attempts to negotiate and transform gendered conceptions of citizenship in the present and for the future. (shrink)

The meritocratic principle of educational justice maintains that it is unfair that individuals with similar ability who invest equal effort, have unequal educational prospects. In this paper I argue that the conception of ability that meritocracy assumes, namely as an innate trait, is critically flawed. Absent a coherent conception of ability, meritocracy loses its ability to morally evaluate educational practices and policies, rendering it an unworkable principle of educational justice. Replacing innate ability with an alternative conception of ability is, therefore, (...) crucial for meritocratic educational justice. I propose incorporating an alternative conception of ability into meritocracy—as the ″current limits of student ability″. The account of meritocracy that follows entails that unequal educational prospects are fair only when they result from the constraints of individual potential (or from differential effort). I argue that this potential-based account of meritocracy, though demanding, is a plausible and attractive account of educational justice. (shrink)

Este artigo pretende abordar os impactos que a vivência do racismo dentro do ambiente familiar tem na subjetividade dos indivíduos. Interpela, portanto, os modos como essa experiência interfere na formação da identidade do sujeito, na sua autoimagem e na construção da estima por si mesmo. Esses processos, múltiplos e complexos, serão observados a partir da análise do relato das histórias e experiências de vida de uma pessoa, Mariana. Embora trate de Mariana, através de sua voz, muitos outros falam. Muitas famílias (...) brasileiras estão aqui representadas, na vivência dolorida de muitas mulheres e homens que experimentaram o racismo desde a tenra infância. Contado e vivificado por ela, assim como interpretado à luz dos significantes e significados que ela atribui a essas vivências, seu relato permite pensar os efeitos psicossociais da experiência da violência racial e do racismo quando ele é vivido pelos sujeitos negros nos arranjos familiares em que o branco da família é explicitamente racista. (shrink)

Neural Stem Cells (NSC) are present in the developing and adult CNS. In both the embryonic and adult neurogenic regions, β1 integrins may act as sensors for the changing extracellular matrix. Here we highlight the integrative functions that β1 integrins may play in the “niche” by regulating NSC growth factor responsiveness in a timely and spatially controlled manner. β1 integrins may provide NSC with the capacity to react to a dynamic “niche”, and to respond adequately by either remaining as stem (...) cells or by differentiating and migrating away to shape the developing cortex. © 2005 Wiley Periodicals, Inc. BioEssays 27:698–707, 2005. © 2005 Wiley Periodicals, Inc. (shrink)

This paper distinguishes four recognisably different geographical processes in principle causing species to die out. One of these processes, the one we dub “range eclipse”, holds that one range expands at the expense of another one, thereby usurping it. Channell and Lomolino (2000a, Journal of Biogeography 27: 169–179; 2000b, Nature 403: 84–87; see also Lomolino and Channell, 1995, Journal of Mammalogy 76: 335–347) measured the course of this process in terms of the proportion of the total range remaining in its (...) original centre, thereby essentially assuming a homogeneous distribution of animals over the range. However, part of their measure seems mistaken. By giving a general, analytical formulation of eclipsing ranges, we estimate the exact course of this process. Also, our formulation does not partition a range into two spatially equal parts, its core and its edge, but it assumes continuity. For applying this model to data on the time evolution of species, individual time series should be available for each of them. For practical purposes we give an alternative way of plotting and interpreting such time series. Our approach, being more sensitive than Channell and Lomolino’s, gives a less optimistic indication of range eclipses than theirs once these have started. (shrink)

The concept of human dignity arguably has great relevance to education as it is mentioned in several human rights and education policy documents on the national and international level, providing their moral justification. However, when the concept is discussed within philosophical research, it is often seen as consisting of two different conceptions – intrinsic dignity and attributed dignity. The paper seeks to challenge this binary through a reconstructive interpretation of Martha Nussbaum’s conception of dignity, proposing inflorescent dignity, as a more (...) fully fledged way of understanding dignity and how it relates to education. Through use of a fictional example, I argue that inflorescent dignity, grounded in intrinsic dignity, has relevance to education because it gives rise to moral, relational, and thus pedagogical, demands on education to be primarily focused on human flourishing as well as the acknowledgement of human actuality and potential, and for this to permeate all levels of education. (shrink)

This article aims at offering a broad perspective on the evolution and changes of the national Sakha kumys , a beverage made up of raw mare's milk that is quite popular in the Middle Asia area, above all among Turkic-speaking nomadic cattle breeders such as Kazaks, Bashkirs, Tatars, Tuvans, Altaians, and Sakha. I argue that, in spite of its use as an everyday commodity of the Sakha's diet until the beginning of the twentieth century, today it appears to be the (...) marker of the “degree” of cultural authenticity of the Sakha people. (shrink)

Fertility treatments, which are part of "assisted reproductive technologies" (ART), mainly undertaken through in vitro fertilization (IVF), offer the opportunity to infertile couples to conceive. IVF treatments are undertaken in Israel in significantly higher numbers than in the rest of the world. As such, Israel provides an important case-in-point for examining the validity of the actual claims used to justify the more generous public funding of IVF treatments at the policy level. In this article, we utilize an analytical philosophy approach (...) to conduct this examination. First, we highlight two fundamental concepts that were used at the Israeli public policy level in order to justify the generous public funding of IVF treatments. These concepts are “emotional vulnerability” and the “worthlessness of the childless,” where the latter emphasizes the infinite value of children. Then, by applying the perspective of the European model of Bioethical Principlism, and focusing the attention to these two concepts we show that these justifications are invalid. Specifically, it is suggested that these concepts are on the one hand both relying on and expressing the principles of vulnerability, dignity, and integrity; yet on the other hand, these concepts are also undermining the very principles of bioethics they are supposed to express and rely on. Based on this suggested criticism, we offer two “take home” messages informed by our analysis of the Israeli case, but reaching beyond it. (shrink)

The focus of this volume is the crisis of the traditional view of the relationship between words and things and the emergence of linguistic arbitrarism in 17th ...

Numerical categories such as parity, i.e., being odd or even, have frequently been shown to influence how particular numbers are processed. Mathematically, number parity is defined categorically. So far, cognitive, and psychological accounts have followed the mathematical definition and defined parity as a categorical psychological representation as well. In this manuscript, we wish to test the alternative account that cognitively, parity is represented in a more gradual manner such that some numbers are represented as “more odd” or “more even” than (...) other odd or even numbers, respectively. Specifically, parity processing might be influenced by more specific properties such as whether a number is a prime, a square number, a power of 2, part of a multiplication table, divisible by 4 or by 5, and many others. We suggest that these properties can influence the psychologically represented parity of a number, making it more or less prototypical for odd- or evenness. In the present study, we tested the influence of these numerical properties in a bimanual parity judgment task with auditorily presented two-digit numbers. Additionally, we further investigated the interaction of these numerical properties with linguistic factors in three language groups (English, German, and Polish). Results show significant effects on reaction times of the congruity of parity status between decade and unit digits, even if numerical magnitude and word frequency are controlled. We also observed other effects of the above specific numerical properties, such as multiplication attributes, which facilitated or interfered with the speed of parity judgment. Based on these effects of specific numerical properties we proposed and elaborated a parity continuum account. However, our cross-lingual study also suggests that parity representation and/or access seem to depend on the linguistic properties of the respective language or education and culture. Overall, the results suggest that the “perceived” parity is not the same as objective parity, and some numbers are more prototypical exemplars of their categories. (shrink)

This paper investigates whether Palestinians have an interest in return rather than a mere interest in settling within the territory of a state that provides them with civil rights and economic opportunities. The paper establishes the following three claims. First, Palestinians have some interests in return to the territory of Palestine-Israel. Second, many of these interests can be satisfied by establishing an independent Palestinian state in part of historical Palestine. Third, some of these interests are similar to the interests that (...) may justify an analogous right of return for Jews to the same land. (shrink)

ResumoAs práticas culturais fundem, a todo o momento, diferentes relações entre sistemas culturais (EVEN-ZOHAR, 1990) que antes eram separados. Tais manifestações híbridas reconfiguram e desterritorializam processos simbólicos. Nesse sentido, o presente artigo realiza uma análise comparatista das relações intertextuais presentes na configuração artística do álbum Esú, do rapper brasileiro Baco Exu do Blues, em especial na faixa “Capitães de Areia” em relação ao romance quase homônimo de Jorge Amado, às referências à mitologia dos Erês, e à série fotográfica Laróyè, de (...) Mario Cravo Neto. Para analisar as implicações dessas inter-relações na configuração cultural e identitária da obra, buscamos aporte teórico-crítico no campo dos Estudos Culturais pela perspectiva de conceitos que tentam dar conta desses processos, acerca do Hibridismo, em Néstor García Canclini, e das reflexões sobre sincretismo religioso em Sérgio Ferretti.Palavras-chave: Capitães da Areia; Hibridismo; sincretismo religioso; práticas culturais. AbstractCultural practices merge, at all times, different relationships with cultural systems (EVENN-ZOHAR, 1991) that were previously separated. Such hybrid manifestations reconfigure and deterritorialize symbolic processes. In this sense, this article performs a comparative analysis of the intertextual relations present in the artistic configuration of the album Esú, by rapper Baco Exu do Blues, especially the track “Capitães de Areia” and references to the mythology of the Erês, to the novel by Jorge Amado and Laróyè photographic series by Mario Cravo Neto. To analyze the implications of these interrelations in the cultural and identity configuration of the work, we seek theoretical-critical support in the field of Cultural Studies from the perspective of concepts that try to account for these processes, about Hybridism in Néstor García Canclini and reflections on religious syncretism in Sérgio Ferreti.Keywords: Capitães da Areia; Hybridity; religious syncretism; cultural practices. (shrink)

Al centro dell'attenzione degli studiosi nell'ultimo ventennio per l'importanza della testimonianza storica, per il carattere peculiare delle strutture compositive, per varie sfaccettature dell'impostazione ideologica, l'opera di Michele Attaliata non disponeva di un'analisi complessiva né tantomeno di un'edizione critica condotta sulla base degli attuali criteri ecdotici e di una traduzione in una lingua moderna. Lacuna avvertita dai bizantinisti con maggiore evidenza, dal momento che per gli altri storici di primo piano dell'XI secolo, da Michele Psello a Giovanni Scilitza, ci si avvale (...) di strumenti critici agguerriti. Lacuna colmata dal poderoso lavoro di I. Pérez Martín che si presenta come un'edizione dell' Ἱστοϱία di Attaliata, corredata da traduzione in spagnolo, commento, bibliografia, indici, tavole e preceduta da un'ampia introduzione. (shrink)

Apresentam-se resultados de um estudo que examinou o juízo moral das crianças sobre a ingratidão. Participaram 77 crianças (49% do sexo feminino), distribuídas em três grupos (5-6, 8-9 e 11-12 anos). Utilizaram-se duas histórias protagonizadas por um(a) benfeitor(a) e um(a) ingrato(a). Após cada his..

This book is a collection consisting of an introduction and nine essays that explore foundational aspects of criminal law. As the introduction makes clear, the book is eclectic and the essays can be classified under three main headings. The first group of essays explores the political constitution of criminal law as part of the institutional structure of the state. The second group of essays investigates the question of the authority of criminal law and its potential to create reasons for action. (...) The third group deals with transnational and international criminal law. The essays are primarily normative but they also contain historical and sociological discussions. The book will therefore be of interest to criminal lawyers, political and legal philosophers, political scientists and policy-makers. I will review separately some of the essays.Nicola Lacey’s essay, “What Constitutes Criminal Law?,” touches upon the fundamental question of criminal law: the question of legitimation. Lacey ap .. (shrink)

We examined how presentations of organ donation cases in the media may affect people’s decisions about organ donation issues. Specifically, we focused on the combined effect of the information about the number of recipients saved by the organs of one deceased person and the identifiability of the donor and the recipient in organ donation descriptions, on people’s willingness to donate the organs of a deceased relative. Results suggest that reading about more people who were saved by the organs of a (...) deceased donor does not increase willingness to donate. Replicating earlier research, we found that reading about a case of organ donation involving an identified deceased donor, deceased willingness to donate. However, this effect was attenuated when participants read about more recipients who were saved by the donation. Importantly, the presentation that prompted the greatest willingness to donate a deceased relative’s organs was the one that featured an unidentified donor and only one identified recipient. Finally, an explorative investigation into participants’ subconscious thoughts of death following the organ donation story revealed that identifying a deceased organ donor prompts more thoughts of death in the perceiver. (shrink)

Este artigo prolonga a análise do argumento apresentado por Descartes em favor da primeira certeza no início da Segunda Meditação, iniciada em um artigo anterior (Ainda o Cogito). É examinada a passagem subsequente ao referido argumento com vistas a estabelecer que sua compreensão aponta para um debate velado entre Descartes e seus leitores versa- dos na doutrina escolástica, mais particularmente nas concepções da definição como estruturada pela composição do gênero e da diferença e de específica e de conceito universal abstrato. (...) Procuro mostrar que as razões que Des- cartes dispõe para recusar essas concepções podem ser extraídas de certa interpretação do argumento em favor da certeza da proposição eu existo e que essa recusa é imprescindível para a compreensão adequada do penso, logo existo e, portanto, de seu argumento em favor do dualismo. (shrink)

The state has a duty to protect individuals from violations of their basic rights to life and liberty. But does the state have a duty to criminalize such violations? Further, if there is a duty on the part of the state to criminalize violations, should the duty be constitutionally entrenched? This paper argues that the answer to both questions is positive. The state has a duty not merely to effectively prevent violations of our rights to life and liberty, but also (...) to criminalize such violations. Further, the duty to criminalize ought to be constitutionally entrenched. In the absence of criminal prohibitions on violations of the right to life and liberty individuals live ‘at the mercy’ of others. In the absence of a constitutional duty to criminalize, life and liberty of individuals is contingent upon the judgments and inclinations of the legislature. In both cases citizens’ rights are ‘at the mercy of others’. I also show that the decisions of the German Constitutional Court concerning abortion can be justified on such grounds. (shrink)

Human beings as imperfect rational beings face continuous challenges, one of them has to do with the lack of recognizing and respecting our inner dignity in present times. In this collective paper, we address the overall theme—Philosophy of Education in a New Key from various perspectives related to dignity. We address in particular some of the constraints and possibilities with regard to this issue in various settings such as education and society at large. Klas Roth discusses, for example, that it (...) is not uncommon that the value of human beings has to do with their price in, inter alia, their social, cultural, political and economic settings throughout the world. He argues that such a focus does not necessarily draw attention to the inner dignity of human beings, but that human beings ought to do so in education and society at large. Lia Mollvik discusses views of inner and outer dignity, and argues that there needs to be a balance in between them, and that the balance ought to be acknowledged in education. Rama Alshoufani discusses the classification of human beings in terms of various diagnoses related to the asserted dysfunction of the brain, and she argues that such classification does paradoxically not necessarily respect people with such diagnoses as ends in themselves. On the contrary, she argues that their inner dignity is not respected, but that it should be. Other such failures are due to the lack of inner dignity when it comes to Children’s rights as discussed by Rebecca Adami, and to the lack of recognition of human beings’ vulnerability as discussed by Katy Dineen. Fariba Majlesi criticizes a too strong emphasis on substantive notions of humanist education, which seem to hinder new ways of thinking; she argues that it is necessary to acknowledge the latter in and through education in order to preserve the dignity of human beings. Dignity, it is argued throughout the paper, has an inner moral worth, and is beyond price. (shrink)