Despite the fact that six years have passed since 9/11, the Pentagon's recent decision to try six Guantanamo detainees for capital crimes such as terrorism and support of terrorism made national headlines. William Glaberson, "U.S. Charges 6 With Key Roles in 9/11 Attacks", N.Y. Times, Feb. 11, 2008, at A1. In this Debate, Professors Amos N. Guiora, of the University of Utah, and John T. Parry, of Lewis & Clark Law School, attempt to settle the question of what sort (...) of forum is most appropriate to try the thousands of individuals in U.S. custody who are suspected of terrorism. Professor Guiora considers three forum options: treaty-based international terror courts, traditional Article III courts, and a hybrid option he calls domestic terror courts. Ultimately, Professor Guiora argues in favor of domestic terror courts, which he describes as being able to balance the legitimate rights of the individual with the equally legitimate national security rights of the state. He considers this option to be the most practical and expedient policy solution, necessitated by an untenable tension between the understanding that some of the detainees present a genuine threat to American national security, and an awareness that indefinite detention violates constitutional principles and fundamental concepts of morality. Professor Parry agrees that current U.S. policy toward detainees has been misguided, but does not believe that innovations of the sort proposed by Professor Guiora are necessary. Rather, he suggests that policymakers should choose Article III courts rather than hybrid courts for trials of suspected terrorists, with military courts as a fallback option. Professor Parry points to research that shows that the federal government is often able to prosecute suspected terrorists in federal court, and therefore considers alternative proposals to Article III courts to be solution[s] in search of a problem. Professor Parry realizes that trial in federal court will not be possible for every suspected terrorist, and concludes that, [f]or people who pose a risk but whose conduct may not violate federal criminal law, prolonged preventive detention is the best choice. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

Paediatric genomic research raises particularly challenging questions on whether and under what circumstances to return research results. In the paediatric context, decision-making is guided by the best interests of the child framework, as enshrined in the 1989 international Convention on the Rights of the Child. According to this Convention, rights and responsibilities are shared between children, parents, researchers, and the state. These "relational" obligations are further complicated in the context of genetic research.

In Book II of the ancient architectural treatise, De architectura, Vitruvius gives a mythical account of the conjoined origins of architecture and language: “[I]n ancient times,” he writes, “men were born like wild animals in the forests, caves and woods, and spent their lives feeding on fodder”. One night, while a fierce storm ravaged the woods where these ancient humans lived, a mighty fire broke out. Faced with the flames, the men and women fled in terror. Some, however, recovering from (...) their initial fright, and sensing the warmth emanating from the blaze, moved closer to it and began to throw more wood on it. Using sign language, those feeding the flames communicated to the others the virtues of the... (shrink)

COVID-19 caused nearly every college and university in the United States to rapidly shift to remote learning during the spring 2020 semester. While this impacted all students to different degrees, students with disabilities faced new challenges related to their mental health, the accessibility of their instruction, the receipt of accommodations, and their interactions with faculty and student support personnel. Literature is emerging that describes the experiences of SWD during the spring 2020 semester and the swift change to remote learning. However, (...) little is currently known about what followed for these students. The present study builds from a prior investigation of SWD during the spring 2020 semester and examines student experiences and perceptions during the 2020–2021 academic year. Eighty-eight SWD from colleges across the United States completed an instrument that contained a mix of demographic, yes/no, Likert scale and open-ended items. Responses revealed most items related to accessing services and instruction showed no improvement from the spring 2020 semester, and that items related to mental health, motivation to learn, and connections with peers were perceived as worse than in spring 2020. Open-ended responses revealed similar themes, with some students describing no improvements, and others noting that accessibility service offices and faculty provided enhanced methods of communication and support. Implications for practice and future research are presented. (shrink)

The editors allow me four corrections of Mr. Parry's remarks in C.Q. N.S. X , 268–70. Mr. Parry observes : ‘Calder says that Jebb wanted to translate S0009838800011745_inline1 by him. That is not correct.’ But Mr. Parry has just said that S0009838800011745_inline2 exemplifies ‘the common “I know thee who thou art” construction’ and has endorsed the view of Brunck, ‘Est autem’ etc. Brunck is saying that S0009838800011745_inline3 is the proleptic subject of the verb S0009838800011745_inline4 which is S0009838800011745_inline5 (...) he, sc. Oedipus, S0009838800011745_inline6 therefore does not mean her nor them but him whether or not the word ‘must be left out in translation’. (shrink)

O artigo de Goodman “The Problem of Counterfactual Conditionals” teve um papel central no debate relativo a análise adequada dos condicionais contrafactuais. A seguir examinarei o artigo de Goodman em detalhe e discutirei algumas objeções e sugestões de Parry em seu artigo “A Reexamination of the Problem of Counterfactual Conditionals”. Restringirei minha discussão ao “problema das condições relevantes”, assim denominado por Goodman, que é o tema principal das críticas de Parry e que considero ser o problema principal para (...) a abordagem de Goodman. doi: http://dx.doi.org/10.5007 / 1808-1711.2011v15n3p383. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 122.3 (2001) 429-432 [Access article in PDF] John Miles Foley. Homer's Traditional Art. University Park: Pennsylvania State University Press, 1999. xviii + 363 pp. Bibl., indexes. Cloth, $48.50. With Homer's Traditional Art, which may well prove his most popular book, Foley attempts a synthesis of his theory of traditional oral aesthetics, which has been under construction for a decade, since Traditional Oral Epic (Berkeley 1990) (...) and Immanent Art (Bloomington 1991). Because substantial passages in the book have lived past lives, and the fresh material adapts arguments made elsewhere, we are looking here for a statement that gives coherence and new force to a program of study; one that cultivates, rather than breaks, new theoretical ground. That this is Foley's aim is confirmed by a description of his audience: "a wide spectrum of readers, from the advanced undergraduate to the professional scholar" (xv), representing "the greatest number and variety of readers" possible (317 n. 1). Foley offers three main justifications for this new synthesis. First is the doctrine of the Homeric sêma (a key sign open to interpretation), which Foley ingeniously cites as evidence for a Greek concept similar to that of the South Slavic rec=, or "word." This he takes from Parry's interviews with Yugoslav epic singers in which they proclaim the term's application to various levels of traditional discourse, from the formula to the proverb to larger narrative patterns. The second--if I read the book's stylistic motives correctly--is a new "Homeric" technique in scholarly prose. Homer's Traditonal Art is a rhetorical juggernaut that creates inevitable momentum by frequently signaling the progress of Foley's argument, often rewording parts of the theory, and, as if to demonstrate in prose the referential power of Homer's "traditional register" of speech, offering some sêmata of his own (5-7): six "proverbs" of his own coining that encapsulate the main findings of his previous studies (e.g., "Oral tradition works like language, only more so"). These recur steadily throughout, often in closing paragraphs or summing up evidence, and are lightly varied according to context, but always point back to larger critical vistas. Third is the début of the apparatus fabulosus, or running cues to the "traditional referentiality" of a passage; here some lines from Odyssey 23 (reproduced 254-55; cf. the similar printing of the Old English poem Deor, 275). This is an attempt to approximate an "original" experience of a traditional text in performance, though Foley has no illusions about its perfection. Again, the effort requires that he supply conventions of his own (introduced in chapter 7), which he promises to refine for future "editions" on traditional principles.The book is laid out in four large sections, subdivided into an introduction, eight main chapters, an afterword on Old English poetics, two appendices, a large [End Page 429] apparatus of notes, and a rich bibliography (with few serious omissions, such as Manetti's Theories of the Sign in Classical Antiquity [Bloomington 1993]), a good general index (including scholars cited), and index locorum. If this does not sound like a work for a general readership, that is because Foley has expressly sought to divide his voice in two: the main discussion was to be plainly worded and clearly laid out; the scholarly audience to be addressed in the notes. On the whole, this technique works well, only occasionally failing one side or the other. The editors made the strange and regrettable decision of omitting non-Greek works from the index locorum, so that you have to check all entries in the general index for discussions of key passages in Beowulf, Deor, the many recorded South Slavic epics discussed, and so on. Greek traditional phrases are indexed in translation, so that for a discussion of (e.g.) chlôron deos, you need to know how Foley happens to translate it. The Pennsylvania State University Press has atoned for such lapses by producing a handsome volume, printed on good paper and bound in signatures with linen thread, a delight to hold. (Teachers will want... (shrink)

Introduction -- John T. PARRY: Pain, Interrogation, and the Body: State Violence and the Law of Torture -- Fernando PURCELL: "Too Many Foreigners for My Taste": Law, Race and Ethnicity in California, 1848-1852 -- Shani D'CRUZE: Protection, Harm and Social Evil: The Age of Consent, c. 1885-c. 1940 -- Ruth A. MILLER: Sin, Scandal, and Disaster: Politics and Crime in Contemporary Turkey -- İştar GÖZAYD1N: Adding Injury To Injury: The Case of Rape and Prostitution in Turkey -- Dani FILC (...) and Hadas ZIV: Exception as the Norm and the Fiction of Sovereignty: The Lack of the Right to Health Care in the Occupied Territories -- Alban BURKE: Mental Health Care During Apartheid in South Africa: An Illustration of How "Science" Can be Abused -- Rui ZHU: Schistosomiasis and Capital Marxism -- Elena A. BAYLIS: The Inevitable Impunity of Suicide Terrorists -- Douglas J. SYLVESTER: The Lessons of Nuremberg and the Trial of Saddam Hussein -- Kirsten AINLEY: Responsibility for Atrocity: Individual Criminal Agency and the International Criminal Court -- Roberto BUONAMANO: Humanity and Inhumanity: State Power and the Force of Law in the Prescription of Juridical Norms -- Vincent LUIZZI: New Balance, Evil, and the Scales of Justice -- Jody LYNEÉ MADEIRA: The Execution as Sacrifice -- Bram IEVEN: Legitimacy and Violence: On the Relation between Law and Justice According to Rawls and Derrida -- Notes on Contributors. (shrink)

A new research area linked to ethics, virtues, and morality is servant leadership. Scholars are currently seeking publication outlets as critics debate whether this new leadership theory is significantly distinct, viable, and valuable for organizational success. The aim of this study was to identify empirical studies that explored servant leadership theory by engaging a sample population in order to assess and synthesize the mechanisms, outcomes, and impacts of servant leadership. Thus, we sought to provide an evidence-informed answer to how does (...) servant leadership work, and how can we apply it? We conducted a systematic literature review (SLR), a methodology adopted from the medical sciences to synthesize research in a systematic, transparent, and reproducible manner. A disciplined screening process resulted in a final sample population of 39 appropriate studies. The synthesis of these empirical studies revealed: (a) there is no consensus on the definition of servant leadership; (b) servant leadership theory is being investigated across a variety of contexts, cultures, and themes; (c) researchers are using multiple measures to explore servant leadership; and (d) servant leadership is a viable leadership theory that helps organizations and improves the well-being of followers. This study contributes to the development of servant leadership theory and practice. In addition, this study contributes to the methodology for conducting SLRs in the field of management, highlighting an effective method for mapping out thematically, and viewing holistically, new research topics. We conclude by offering suggestions for future research. (shrink)

c.4,000 word critical discussion of Fabre's book. Provides an overview of the book plus comments on the themes of (i) loyalty and treason and (ii) the ethics of spying and sex.

Three children try to catch an escaped cat.

Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly supposed. As (...) standardly understood, the authority criterion provides a necessary condition for the justification of the resort to war, but has no bearing on the question of permissible conduct in war. In opposition, I argue for an alternative interpretation of the criterion, which attributes to it a fundamental role in assessing this latter question. With this revised interpretation in place, I then demonstrate its advantages by applying it to the practical issue of armed conflicts that are initiated and fought by non-traditional belligerents. While several theorists have recognised that this common feature of modern armed conflict poses a challenge to mainstream just war theory in general—and to the authority criterion in particular—I argue that existing discussions frequently misconstrue the nature of the challenge, since they assume the standard interpretation of the authority requirement and its role within the theory. I then show that the revised interpretation provides a clearer account of both the challenge posed by non-traditional belligerency and the kind of response that it requires. (shrink)

The concept of simultaneity, and the associated problems of synchronization of moving clocks and establishment of a universal time scale, were given little or no attention prior to the twentieth century. In 1905, however, Einstein analyzed the concept of simultaneity on the basis of two principal postulates: Absolute velocity is meaningless,The velocity of light in a vacuum is the same for all unaccelerated observers.

This article examines the notorious mid-nineteenth-century American trial of Amelia Norman, who was acquitted - very much against the weight of the evidence - of attempting to kill the man who seduced her. In particular, we explore the role in the trial and its aftermath of the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's "The Coquette" and Susanna Rowson's "Charlotte Temple." In Norman's case, once newspapers, defense lawyers, and reformers such as (...) Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, not attempted murder. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgments on her behalf. For example, Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. Going further, the common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer, David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Other women facing similar charges used the same legal strategy to gain acquittals in a substantial number of cases. Indeed, Norman's sentimental strategy proved so powerful that men on trial for killing their wives' seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms through the so-called honor defense. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Lydia Maria Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. In addition to its legal, literary, and historical insights that it provides, we also intend this article to contribute to debates on the nature of scholarship in law and literature. Scholars such as Wai Chee Dimock have argued for a focus on the historical and historically shifting relations between law and literature - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). We would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. This project, then, responds to Gregg Crane's call for attention to the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice. The extended story of Amelia Norman, in short, not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

This book provides an inter-disciplinary examination of the relationship between sport, spirituality and religion.

We are far too willing to reject the belief that much of what we see in life is random.Uncertainty is an everyday experience in medical research and practice, but theory and methods for reasoning clearly about uncertainty were developed only recently. Confirmation bias, selective memory, and many misleading heuristics are known enemies of the insightful clinician, researcher, or citizen, but other snares worth exposing may lurk in how we reason about uncertainty in our everyday lives. Here we draw attention to (...) a cognitive bias that is little known—or possibly unknown—to those outside the field of probability pedagogy. Described by Konold as the... (shrink)

One of the first envatted brains, the most cyborgian element of J. D. Bernal’s 1929 futuristic manifesto, The world, the flesh and the the devil, proposed a technological solution to the dreary certainty of mortality. In Bernal’s scenario the brain is maintained in an ‘out of body’ but ‘like-body’ environment—in a bath of cerebral–spinal fluid held at constant body temperature. In reality, acquiring prospective immortality requires access to very different technologies—those that allow human organs and tissues to be preserved in (...) a quite ‘inhuman’ life-world—the cryogenic storage chamber. Like Bernal, today’s cryonicists consider that immortality can be secured through preservation of the brain alone. In this article I trace attempts to preserve or suspend life, and especially brain function, through the application of new ‘technologies of immortality’. Drawing together historical information on the development of refrigeration, cryopreservation, transplantation, and nanotechnologies, I explore the uneasy relationship between cryonics and the technology on which it depends for its success—cryogenics. In so doing, I argue that the ability to successfully realize the science fiction fantasy of human immortality will rest on a moral and scientific parasitism: the capacity to use the biotechnological artifacts or proxies—cryogenically preserved brains, archived brains, tissues, and immortalized cell lines—derived from the dead, in order to prolong life. (shrink)

The present study investigated how the magnitude the word blindness suggestion effect on Stroop interference depended on hypnotic suggestibility when given as an imaginative suggestion and under conditions in which hypnosis was not mentioned. Hypnotic suggestibility is shown to be a significant predictor of the magnitude of the imaginative word blindness suggestion effect under these conditions. This is therefore the first study to show a linear relationship between the imaginative word blindness suggestion effect and hypnotic suggestibility across the whole hypnotizability (...) spectrum. The results replicate previous findings showing that highs respond to the word blindness suggestion to a greater extent than lows but extend previous work by showing that the advantage for those higher on the hypnotizability spectrum occurs even in a non-hypnotic context. Negative attitudes about hypnosis may not explain the failure to observe similar effects of the word blindness suggestion in less hypnotizable individuals. (shrink)

We will investigate the relation between the notion of the craft of ruling in the "Euthydemus" and in the "Republic". In the "Euthydemus", Socrates' search for an account of wisdom leads to his identifying it as the craft of ruling in the city. In the "Republic", the craft of ruling in the city is the virtue of wisdom in the city and the analogue of wisdom in the soul. Still, the craft of ruling leads to aporia in the former dialogue (...) while in the latter it is a central feature of Socrates' account of justice -- both in the city and in the soul. Some commentators hold that the aporia at the end of the second protreptic interlude of the "Euthydemus" shows that Socrates' account of wisdom is fatally flawed and must be rejected. However, the difficulty for this position is that the craft of ruling from the "Euthydemus" is a hardy notion that plays an extremely important role in the "Republic". Indeed, reflecting this fact, other commentators hold that the aporia is solved in the "Republic". Still, what is so far missing is an analysis that clearly shows the way to this solution in the "Republic". In what follows, we will analyze the two protreptic inter-ludes in the "Euthydemus" in order to see how the aporia arises. As we shall see, Socrates presents the aporia as a labyrinth. Indeed, it is a labyrinth with a little noticed step that -- once it is noticed -- shows the way out. The result will be that the aporia of the "Euthydemus" points to a solution in which ruling in the soul implies a command of one's appetites and emotions. (shrink)

In an article in the July 1959 issue of the American Journal of Philology, Mr. William Calder III offers two suggestions for the interpretation of 11. 1271–4 of Sophocles' Oedipus Rex, one concerning the reference of wv in 1271, and the other, the reference of in 1273 and 1274.

This is a book symposium on Kevin Krein’s Philosophy and Nature Sports. Gunnar Breivik, Jim Parry and Irena Martínková, and Rebekah Humphreys provide critical commentary on the text. The critical comments are followed by a response from Krein. The discussion covers a broad range of topics. These include the definition of “sport,” comparisons between nature sports and friluftsliv, the role of risk in nature sports, the experience of flow and the sublime in nature sports, and the understanding of nature. (...) Krein argues, as he does in the book and elsewhere, that nature sports provide a framework that facilitates intimate and meaningful interactions with nature. He argues further that the discussion included here shows how deeply our understanding of nature, and our understanding of nature sports, influence both our experiences within those sports and our broader experience of the world. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)