What is the proportionate punishment for conduct that is neither harmful nor wrongful? A likely response to that is that one ought not to be punished at all for such conduct. It is, however, common for the state to punish harmless conduct the wrongfulness of which is not always apparent. Take, for example, the requirement that those who give investment advice for compensation do so only after registering as an investment advisor. Advising a person on how to invest his or (...) her funds and accepting a fee for the advice without registering with the government does not seem harmful or wrongful, so long as no fraud is involved, the relevant parties understand the relevant risks, and so on. But practicing investment advising without registering is a crime for which one may be convicted and punished. When one thinks of crimes, paradigmatic offenses are crimes like murder, rape, and robbery, but offenses like failure to register as an investment advisor are different. But in what way? One standard explanation is the distinction between two types of offenses, malum in se and malum prohibitum. Some offenses, like murder, are wrongs “in themselves” whereas other offenses, like investment advising without registering as an advisor, are wrongs because they have been prohibited. The question this Essay asks is how we should think about proportionality of punishment when punishing such mala prohibita offenses. This Essay presents a framework for such proportionality determinations and raises some challenges such a framework would need to confront. (shrink)

Nigel Walker’s first principle of criminalization declares that ‘Prohibitions should not be included in the criminal law for the sole purpose of ensuring that breaches of them are visited with retributive punishment’. I argue that we should reject this principle, for ‘mala prohibita’ as well as for ‘mala in se’: conduct should be criminalized in order to ensure (as far as we reasonably can) that those who engage in it receive retributive punishment. In the course of the argument, (...) I show why we should not see the criminal law as consisting in ‘prohibitions’; I explain different species of mala prohibita, and show how their commission does involve genuine wrongdoing; and I show the importance of distinguishing the question of regulation from that of sanction. (shrink)

Certain methods and weapons are traditionally considered to be?mala in se?, i.e. evil in themselves. Examples are mass rape campaigns and land mines. This article examines different interpretations of the principle that belligerents ought not to use such means. Some interpretations are reductionist in the sense that they see the principle as an instance of other principles regulating conduct in war, namely the principles of discrimination and proportionality. I suggest a horizontal and a vertical dimension of the latter. Resort (...) to violence can then be unjustified if the persons are not liable to be attacked because they bear no responsibility for the relevant threat, the amount of harm is disproportionate compared to what can be achieved by the resort to violent force, or the kind of harm is disproportionate by making individual persons suffer in ways that no one should have to endure. I defend the vertical dimension of proportionality as a key to understanding the principle of mala in se and consider whether it leads to an absolute prohibition against such means. (shrink)

This article clarifies and further defends the view that the right to be presumed innocent until proven guilty, protected by Article 6(2) of the European Convention of Human Rights has implications for the substantive law. It is shown that a ‘purely procedural’ conception of the presumption of innocence has absurd implications for the nature of the right. Objections to the moderate substantive view defended are considered, including the acceptability of male prohibits offences, the difficulty of ascertaining intentions of legislatures (...) and the proper role of prosecutorial discretion. (shrink)

Some acts (mala in se) are wrong prior to any social prohibition (e.g., murder). Other acts (mala prohibita) are wrong only once socially prohibited (e.g., traffic violations). This article considers certain obligations of care that parents owe to their children and children to their parents. Violations of these familial obligations are like paradigm mala prohibita in that they are wrongs created by social convention. But, it is argued, they are unlike paradigm mala prohibita in that their (...) prohibition is not justified merely by the desirable consequences of prohibiting them but also by the value of the prohibition itself. (shrink)

This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper (...) scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis. (shrink)

The author presents a varied menu of ideas and experiences in many areas - in research, in diagnosis, and in psychotherapy, each using art media with patients of all ages. She integrates art, phenomenology and gestalt psychology, describing specific techniques and findings. Part I of the book lays out the theoretical foundations and the techniques; Part II addresses the formal components used in art therapy - line, shape and colour in their interrelated dynamics and discusses other aspects and modes of (...) symbolic expression found in clients' work. Part III looks at symbolic expression through the scribble, offering a system of classification, diagnostic possibilities and case studies of work with eating disorders. Part IV focuses on art expression for art therapy diagnostics, including a method for qualitative diagnostics, and a first full diagnostic battery for adolescents. Part V is devoted to Holocaust children's art expressions, highlighting the power of art expression in children under ultimate stress, the intensity of their inner experience, and its visualization in the structure of the pictures. The book is for art therapists and advanced students. It can be used as a textbook on phenomenological art therapy; for therapeutically-oriented art teachers, educators and social workers; and for practicing psychotherapists, to see that art is a source of expression demonstrating how a person is. (shrink)

"Reason and the Sacred" alludes to the relation between Philosophy and Sacred Doctrine, or between reason and faith, considering both as necessary and indispensable faculties of the human psyche, one not negating the other vis-a-vis the immanent reaches of the psyche as to its purpose, but one enhancing the other in the perfection of each's domain. Faith is thus not antithetical to reason except if one is employed on the domain of the other so as to attain certainty and experience (...) truth. The latter part of this compilation, namely Book III, includes "Ancient Ethiopia: Gold beneath Wax," an essay on the history of conceivably the oldest civilization, following a meditative writing on faith, contemplation and mystic spirituality, and a religio-anthropological and historical essay about the ancient Church of Abyssinia.". (shrink)

In this article, the authors highlight connections between research on Two Spirit Native Americans and standard social studies curriculum. Two Spirit is a Pan-Indian term describing Native Americans who believe they embody both masculine and feminine characteristics/traits in one physical body. Findingsfrom this research expand the field's conception of multiple perspectives and diversity, while creating opportunities for nuanced understandings of genderexpression and gender that go beyond the male/female dichotomy currently accepted as the norm. The authors utilize historical research and a (...) semi-structured,in-depth interview with a current Ojibwe leader to better understand and theorize Native Americans' acceptance of diverse ways of being. The authors conclude that modern-day social studies teachers and students have much to learn from this traditional Native worldview. Specifically, the authors believe that encouraging students to adopt more inclusive perspectives on gender expression and to recognize the plausibility of multiple genders may lead to more advanced, social learning. Combined with reinforcement from responsible adults at school, this recognition would lessen a variety of present-day social ills, including the incidence of teen suicide caused by homophobia. (shrink)

Diskussion over begrebet 'skønhed', og om hvordan den påvirker vores liv.

In Past, Chinese traveler Fa-hien (14th century) to Ibn batuta (14th century) or from Nicola Kanti (15th century) to Queen Elizabeth (20th Century), every travelers and scholars are attracted by the charms and fame of Bangladesh. Ibn batuta described Bengal as “a hell full of bounties” and “wealthiest” land of the world”. But now a day, along this progress anxiety has proportionately increased. In this present age, science and technology are the easily available to common people. The world has come (...) to a handful but yet people are still not so happy. As if the demand is insatiable. So, anxiety, apathy, intolerance, fear and panic are increased. Morality is deemed declining. Why immorality among young increased is a concern? Mark Twain said, “Always do what is right, it will gratify half of mankind”. What is right? a vantage point is needed to know. Our moral values which guide us and aids us in our conscious mobility in life. This article tries to find out the cause root of immorality among young generation and how to protect young generation from this moral deterioration. (shrink)

У статті аналізується один із дійових чинників вступу до нового суспільства – результативність феміністського руху, ефективність вирішення його завдань і пошуків засобів та умов вивільнення жінки від існуючих форм пригноблення, формування жіночої свідомості з врахуванням вітчизняного досвіду. Зокрема, дослідження феміністичних ідей Лесі Українки свідчить, що поглибленого переосмислення потребує феміністичний рух – рух, тенденції і наслідки якого привідкривають до цього невідомі, самотворчі особистісні можливості жінки у нових життєвих умовах. Історичний розвиток актуалізує раніше дещо приховані негативні риси патріархату, освячені традиціями відносин статей. (...) Обстоювані Лесею Українкою феміністичні ідеї засвідчують, що дієвість мистецтва жіночності – в умовах його здійснення на усій вертикалі життєдіяльності індивідуальності – від домашнього вогнища і до її індивідуально-особистісних соціально і культурно значущих проявів. (shrink)

Research using Controlled Human Infection Models is yet to be attempted in India. This study was conducted to understand the perceptions of the lay public and key opinion makers prior to the possible introduction of such studies in the country. 110 respondents from urban and rural Bangalore district were interviewed using qualitative research methods of Focus Group Discussions and In-depth Interviews. The data was analyzed using grounded theory. Safety was a key concern of the lay public, expressed in terms of (...) fear of death. The notion of infecting a healthy volunteer, the possibility of continued effects beyond the study duration and the likelihood of vulnerable populations volunteering solely for monetary benefit, were ethical concerns. Public good outcomes such as effective treatments, targeted vaccines and prevention of diseases was necessary justification for such studies. However, the comprehension of this benefit was not clear among non-medical, non-technical respondents and suggestions to seek alternatives to CHIMs repeatedly arose. There was a great deal of deflection—with each constituency feeling that people other than themselves may be ideally suited as participants. Risk takers, those without dependents, the more health and research literate, financially sound and those with an altruistic bent of mind emerged as possible CHIM volunteers. While widespread awareness and advocacy about CHIM is essential, listening to plural voices is the first step in public engagement in ethically contentious areas. Continued engagement and inclusive deliberative processes are required to redeem the mistrust of the public in research and rebuild faith in regulatory systems. (shrink)

For the Byzantine Empire, at the end of the first quarter of the 11thcentury, a new period starts, which in the historiography opinion is generalized as the period of the rule of bureaucratic aristocracy of the capital city. This covers the period 1025-1081, which was characterized by disintegration in the state system and failures in the field of internal and foreign politics. The political crisis at its beginning did not appear clearly, because bureaucratic aristocracy came to power following the thriving (...) period that Byzantine Empire had experienced until then, known as the golden age of the empire. After a calm developmental beginning, the period commenced to be characterized by some developments of decentralizing character. Heirs of the then Byzantine Emperor, Basil II. could not resist enough the separatist movements of feudal and military leaders. Despite these trends towards weakening and separatism, Empire reached that thanks to Komnena dynasty to successfully withstand the challenges that were created by Seljuk Turks and Norman Crusaders. It partially reclaimed its former reputation to continue with the political existence for some more centuries. In these developments, the Byzantine Emperors were supported or often were objected by the non-Byzantine feudal elements that in various cases came from Albania, Bulgaria, Rasha and Zeta. (shrink)

The seminal treatise and guide to Ashtanga yoga by the master of this increasingly popular discipline There is a yoga boom in America, and Sri K. Pattabhi Jois is at the heart of it. One of the great yoga figures of our time, Jois brought Ashtanga yoga to the West a quarter of a century ago and has been the driving force behind its worldwide dissemination. Based on flowing, energetic movement, Ashtanga and the many forms of vinyasa yoga that grow (...) directly out of it--have become the most widespread and influential styles of practice in the United States today. Mala means "garland" in Sanskrit, and Yoga Mala--a "garland of yoga practice"--is Jois's distillation of Ashtanga. He first outlines the ethical principles and philosophy underlying the discipline and explains its important terms and concepts. Next he guides the reader through Ashtanga's versions of the Sun Salutation and its subsequent sequence of forty-two asanas, or poses, precisely describing how to execute each position and what benefits each provides. Brought into English by Eddie Stern, a student of Jois's for twelve years and director of the Patanjali Yoga Shala in New York City, Yoga Mala will be an indispensable handbook for students and teachers of yoga for years to come. (shrink)

The dualist Śaiva doctrine considers that mala is that which obstructs the true nature of the self and sets in motion the operation of bondage. Though many dualist Śaiva tantras discuss the concept of mala, only the Pauṣkara presents a detailed exposition supported by numerous arguments. This article aims to closely report those arguments and to search within the Pauṣkara for answers to certain questions that the concept provokes.

The wrongfulness constraint, as a principle of criminalization, is supposed to preclude criminalization in the absence of wrongfulness. Crimes that look especially problematic from the perspective of the wrongfulness constraint are mala prohibita offenses. The aim of this Essay is to consider the question whether the wrongfulness constraint can serve as an effective tool to curb overcriminalization by looking at the case of mala prohibita offenses. This Essay defends the following propositions. First, because of the availability of an (...) array of tools to defend various mala prohibita offenses as satisfying the wrongfulness constraint, it is often not a straightforward matter to demonstrate that committing a malum prohibitum offense is not wrongful. Second, as a result, the wrongfulness constraint is of limited use as a way of stemming the tide of overcriminalization. The Essay concludes by suggesting, more broadly, that the problem of overcriminalization is not that too many crimes violate the wrongfulness constraint but that criminal laws, even those that satisfy the wrongfulness constraint, can easily become a source of oppression, and that asking whether crimes violate the wrongfulness constraint may be counterproductive because the question misdirects our attention. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2015 Heft: 207 Seiten: 631-655.

Consider a familiar case. A sign reads, “No vehicles in the park.” A man in the park has a heart attack. An ambulance is needed. Does its entry violate the rule? Most people would say that the rule was not meant to apply to needed ambulances. It would not make any difference if the rule read, “No vehicles whatsoever in the park.” The purpose of any rule against vehicles would not be served by a flat prohibition of ambulances. Consider a (...) second case. A child comes to the park on a tricycle. Is he barred from entering? A tricycle is a vehicle. But is it the kind of vehicle the author of the sign had in mind? He may only have wanted to preserve the park from fast or noisy vehicles. The purpose of the rule again becomes crucial. Is the purpose to maintain quiet and security, or is the purpose to assure absolute tranquility? The prohibition of the tricycle will depend on what purpose is accepted. (shrink)

In normative multi-agent systems, the question of “how an agent identifies norms in an open agent society” has not received much attention. This paper aims at addressing this question. To this end, this paper proposes an architecture for norm identification for an agent. The architecture is based on observation of interactions between agents. This architecture enables an autonomous agent to identify prohibition norms in a society using the prohibition norm identification (PNI) algorithm. The PNI algorithm uses association rule mining, a (...) data mining approach to identify sequences of events as candidate norms. When a norm changes, an agent using our architecture will be able to modify the norm and also remove a norm if it does not hold in the society. Using simulations of a park scenario we demonstrate how an agent makes use of the norm identification framework to identify prohibition norms. (shrink)

John Harris criticises the European Parliament’s ‘waft in the direction of human rights and human dignity’ and rejects its suggestion that ‘human cloning violates the principle of equality since “it permits a eugenic and racist selection of the human race”’. He argues that, by parity of reasoning, so too do ‘pre-natal and pre-implantation screening, not to mention egg donation, sperm donation, surrogacy, abortion and human preference in choice of partner’. Conflating the techniques mentioned (ie, human cloning, egg donation, etc) with (...) human preference in choice of a partner, he holds that reproductive liberty must be the operative principle in determining what ought to be prohibited by law in the realm of human reproduction. This article challenges his two problematic assumptions. (shrink)

This article analyzes appropriate public policies for enhancement use of two most important stimulant drugs: Ritalin (methylphenidate) and Adderall (mixed amphetamine salts). The author argues that appropriate regulation of cognition enhancement drugs cannot be a result of a general discussion on cognitive enhancements as such, but has to be made on a case-by-case basis. Starting from the recently proposed taxation approach to cognition enhancement drugs, the author analyzes available, moderately permissive models of regulation. After a thorough analysis of relevant characteristics (...) of methylphenidate and amphetamine, the author concludes that a moderately liberal permissive regulation of enhancement use by healthy adults might be appropriate for extended release forms of methylphenidate. However, due to their danger profile, amphetamine and instant release forms of methylphenidate should not be made readily available to healthy adults and would need to be prohibited. (shrink)

Basándome en la explicación que hace Jean-Paul Sartre de la violencia, sostengo que no solo la mala fe es inevitable en la práctica, sino que una mala fe limitada es necesaria para la autenticidad. Aunque violar la libertad de otros es mala fe, es imposible no violar nunca la libertad de alguien. Además, y de manera fundamental, la estructura ontológica del para-sí implica que este solo puede ser auténtico en el modo de no ser auténtico. Tratar de (...) evitar por completo la mala fe es, en sí mismo, un acto de mala fe, porque es un intento de constituirse como esencialmente auténtico, pero el para-sí no tiene esencia preexistente. Sin embargo, al reconocer la total responsabilidad de uno por elegir la mala fe, se limita su alcance. Esta mala fe limitada es, de hecho, necesaria para la autenticidad, un proyecto vivido en situaciones concretas y no una ley moral categórica que prohíbe la mala fe. [This is a Spanish translation by Leandro Sánchez Marín of the article "The Authentic Person's Limited Bad Faith".]. (shrink)

Averros, 1126-1198; criticism and interpretations; Arab philosophers.