What are we doing to our climate? Emissions from fossil fuel burning have raised carbon dioxide concentrations 35 percent higher than in the past millions of years. This increase is warming our planet via the greenhouse effect. What is climate change doing to and for us? Dry regions are drier and wet ones wetter. Wildfires have increased threefold, hurricanes more violent, floods setting record heights, glaciers melting, and seas rising. Parts of Earth are increasingly uninhabitable. Climate change requires us to (...) act as a global community. Climate justice enjoins emitters to pay the social‐environmental costs of fossil fuel burning. This would expedite green solar, wind, and next‐generation nuclear energy sources. Individuals should conserve resources, waste less food, and eat a plant‐rich diet. (shrink)

In the area of investment, responsibility may be expressed via four types of ethical concern: value-based ethics resulting in the exclusion of so-called "vicious" companies from the investment portfolio; fructification-oriented ethics with a view to long-term investment; consequence-based ethics aimed at initiating a behavioural change in the investment target; and ethics envisaged as a discriminating criterion in the search of the best financial performance. No single formula of responsible investment is available, and the "responsible" approach necessarily implies the active involvement (...) of a free acting subject striving to tackle fundamental ethical issues. The practice of responsible investment cannot be reduced to simply applying a particular legal rule or mathematical formula. (shrink)

Paul H Hirst; Language and Thought, Journal of Philosophy of Education, Volume 1, Issue 1, 30 May 2006, Pages 63–75, https://doi.org/10.1111/j.1467-9752.1967.tb.

Because they track the Model Penal Code, current criminal law formulations of risk offenses typically fail to distinguish the rule of conduct question—What risks does the criminal law prohibit?—from the adjudication question — When is a particular violator’s conscious disregard of, or his inattentiveness to, a risk in a particular situation sufficiently condemnable to deserve criminal liability? Instead, the formulations address only the second question — through their definition of reckless and negligent culpability — and fail to provide a rule (...) of conduct provision to define a prohibited risk. This reliance upon culpability definitions as the core of risk-creation offense definitions is problematic because it fails to announce a useable conduct rule that describes those risks the law prohibits. Instead, this approach subjectivizes the definition of prohibited risks. What may be held "reckless" or "negligent" for one person may not be "reckless" or "negligent" for another person in the identical situation — an effect that strips case adjudications of their value in educating the community as to risks that the rules of conduct prohibit. Current risk-creation offenses also are problematic because they make results — including the creation of a prohibited risk — irrelevant to criminal liability. While this is consistent with the Model Code’s view that resulting harm is insignificant, that only culpable state of mind ought to affect liability, it is inconsistent with the view of most state code drafters. Thus, while the Model Code grades offenses without regard to whether a prohibited risk in fact is created, most state codes logically would want to grade lower in the absence of a prohibited risk. These two fundamental problems—the failure to distinguish conduct rules and adjudication rules and the confusion over the significance of results — are related. The Model Penal Code’s general failure to distinguish conduct and adjudication rules made it less likely that state code drafters would notice what they would have seen as the Code’s inappropriate subjectivization of risk and risk offenses. If the Model Code had systematically segregated conduct and adjudication rules, it would have been more obvious to state code drafters that the Code’s formulation of risk-creation offenses was one that they could not accept. (shrink)

The case outlined below is the basis for the In That Case section of the “Ethics and Epistemology of Big Data” symposium. Jordan receives reports from two separate personal genomic tests that provide intriguing data about ancestry and worrying but ambiguous data about the potential risk of developing Alzheimer’s disease. What began as a personal curiosity about genetic inheritance turns into an alarming situation of medical uncertainty. Questions about Jordan’s family tree are overshadowed by even more questions about Alzheimer’s disease (...) and healthy ageing. As a parent, Jordan is unsure whether to share these results and what it would mean for their children to learn about their genetic inheritance and potential future health. Furthermore, Jordan is unsure how to make sense of these reports in light of current knowledge of the risk factors for Alzheimer’s disease and in the absence of effective treatments or robust preventative guidelines. (shrink)

Intellectual humility, which entails openness to other views and a willingness to listen and engage with them, is crucial for facilitating civil dialogue and progress in debate between opposing sides. In the present research, we tested whether intellectual humility can be reliably detected in discourse and experimentally increased by a prior self-affirmation task. Three-hundred and three participants took part in 116 audio and video-recorded group discussions. Blind to condition, linguists coded participants’ discourse to create an intellectual humility score. As expected, (...) the self-affirmation task increased the coded intellectual humility, as well as participants’ self-rated prosocial affect (e.g., empathy). Unexpectedly, the effect on prosocial affect did not mediate the link between experimental condition and intellectual humility in debate. Self-reported intellectual humility and other personality variables were uncorrelated with expert-coded intellectual humility. Implications of these findings for understanding the social psychological mechanisms underpinning intellectual humility are considered. (shrink)

While many with schizophrenia experience deficits in metacognition it is unclear whether those deficits are related to other features of illness. To explore this issue, the current study classified participants with schizophrenia as possessing a deficit in both awareness of their own emotions and those of others , aware of their own emotions but unaware of the emotions of others and aware of their own emotions and of other’s emotions . Groups were compared on assessments of neurocognitive function, symptoms, and (...) history of sexual trauma. ANCOVA controlling for education found that the group unaware of their own emotions and those of others demonstrated poorer verbal memory, processing speed, executive function, less emotional discomfort and higher levels of disorganization symptoms relative to the other groups. The group aware of their own emotions but not those of others had a significantly higher report of childhood sexual abuse. (shrink)

Degeneracy is a poorly understood process, essential to natural selection. In the 18th and 19th centuries, the concept of degeneracy was commandeered by the colonial imagination. A rigid understanding of species, race, and culture grew to dominate the normative thinking that persisted well into the burgeoning new industrial age. A 20th-century reconfiguration of the concept by George Gamow highlighted a form of intraorganismic variation that is still underexplored. Degeneracy exists in a population of variants where structurally different components perform a (...) similar, but not necessarily identical, function with respect to context. The presence of degeneracy increases a system’s complexity and robustness against perturbations. The loss of a genetic component in biological systems, for example, can be compensated by redundant elements , or by degenerate elements . A historical survey of the use of the term “degeneracy” reveals how and why the processes it once designated, and the mechanisms it now represents, have largely escaped the purview of contemporary science. Despite confusion and general oversight, degeneracy has been characterized by select researchers at the molecular, genetic, and neuronal levels. The concept is a potent analytical tool to understand selection, variation, and transmission. (shrink)

Paul H Hirst; Forms of Knowledge—A reply to Elizabeth Hindess, Journal of Philosophy of Education, Volume 7, Issue 2, 30 May 2006, Pages 260–271, https://doi.or.

Paul H Hirst; Human Movement, Knowledge and Education, Journal of Philosophy of Education, Volume 13, Issue 1, 30 May 2006, Pages 101–108, https://doi.org/10.11.

Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a rational (...) analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal justice realities such as low punishment rates. These conclusions are reinforced by studies of crime rates following rule changes. Many show no change in deterrent effect. Those that purport to show a deterrent effect commonly have persuasive non-deterrence explanations, such as a change in incapacitative effect. The few studies that segregate deterrent and incapacitative effects tend to reinforce the conclusion that rule formulation has a deterrent effect only in those unusual situations in which the preconditions to deterrence exist. Even there, the deterrent effects are quite minor and unpredictable, hence inadequate grounds to influence criminal law rule making. (shrink)

The availability of diverse sources of data related to health and illness from various types of modern communication technology presents the possibility of augmenting medical knowledge, clinical care, and the patient experience. New forms of data collection and analysis will undoubtedly transform epidemiology, public health, and clinical practice, but what ethical considerations come in to play? With a view to analysing the ethical and regulatory dimensions of burgeoning forms of biomedical big data, Brent Daniel Mittelstadt and Luciano Floridi have brought (...) together thirty scholars in an edited volume that forms part of Springer’s Law, Governance and Technology book series in a collection titled The Ethics of Biomedical Big Data. With eighteen chapters partitioned into six carefully devised sections, this volume engages with core theoretical, ethical, and regulatory challenges posed by biomedical big data. (shrink)

Conventionality and aptness are two dimensions of metaphorical sentences thought to play an important role in determining how quick and easy it is to process a metaphor. Conventionality reflects the familiarity of a metaphor whereas aptness reflects the degree to which a metaphor vehicle captures important features of a metaphor topic. In recent years it has become clear that operationalizing these two constructs is not as simple as asking naïve raters for subjective judgments. It has been found that ratings of (...) aptness and conventionality are highly correlated, which has led some researchers to pursue alternative methods for measuring the constructs. Here, in four experiments, we explore the underlying reasons for the high correlation in ratings of aptness and conventionality, and question the construct validity of various methods for measuring the two dimensions. We find that manipulating the processing fluency of a metaphorical sentence by means of familiarization to similar senses of the metaphor (“in vivo conventionalization”) influences ratings of the sentence's aptness. This misattribution may help explain why subjective ratings of aptness and conventionality are highly correlated. In addition, we find other reasons to question the construct validity of conventionality and aptness measures: for instance, we find that conventionality is context dependent and thus not attributable to a metaphor vehicle alone, and we find that ratings of aptness take more into account than they should. (shrink)

Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample (...) codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide. (shrink)

ABSTRACTMetaphors pervade discussions of critical issues and influence how people reason about these domains. For instance, when crime is a beast people are more likely to suggest enforcement-oriented approaches to crime-reduction ; reading that crime is a virus, on the other hand, leads people to suggest systemic reforms for the affected community. In the current study, we find that extending metaphoric language into the descriptions of policy interventions bolstered the persuasive influence of metaphoric frames for important issues. That is, in (...) response to a crime virus people were even more likely to endorse social reforms that were described as “treatments,” while in response to a crime beast people were even more likely to endorse “attacking” the problem with harsh enforcement tactics. Of note, people were not simply drawn to extensions of previously instantiated metaphors: when extended metaphors were paired with a conceptually incongruent policy intervention (e... (shrink)

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a (...) justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of rationality, but one that is, in large part, illusory. Without a principle defining the interrelation of the "purposes," nearly any rule can be justified by some "purpose of punishment." Thus, a decision maker can switch among distributive principles as needed to provide an apparent rationale for whichever rule the person prefers, even if that preference is not based on rational criteria. A second example is found in a central mechanism for determining an offenderâs blameworthiness: the use of an individualized objective standard. The widely used mechanism avoids the problems acknowledged to attend a strictly objective standard. A person's situation and capacities are central to an assessment of whether a person can be fairly blamed for a violation, and the individualized objective standard allows the decision maker to take these into account. At the same time, the mechanism avoids reversion to a completely subjective standard, which might exempt many blameworthy cases from liability. In reality, however, the mechanism only shifts the form of the problem. Codes that use the individualized objective standard fail to provide a principle by which one can determine those characteristics of an offender with which the objective standard ought to be individualized and those with which it ought not. Without a governing principle, the issue again is left to the discretion of decision makers, with no guidance as to how that discretion is to be exercised. A final illusion obscures whether the criminal justice system is, in fact, in the business of "doing justice." The "criminal justice" system imposes "punishment" and encourages moral condemnation of those found "guilty" of "crimes." But while the system cultivates its doing-justice image, it increasingly shifts to a system of essentially preventive detention, where a violator's sanction is derived more from what is needed to incapacitate him from committing future offenses than to punish him for a past offense. There are great advantages to the deception, but also serious costs and inefficiencies. The paper discusses why some illusions are more objectionable than others and what the existence of such illusions says about modern criminal law scholarship. (shrink)

Introduction Origin of this book The most beautiful thing we can experience is the mysterious. It is the source of all true art and science. ...

If James has a latent tuberculosis infection , he is at risk of developing active tuberculosis disease but he is not yet sick. LTBI is a liminal space between health and illness. Diagnosed with LTBI, James could be conceptualised as having a liminal body. Treatments for LTBI are available, but why would a person seek treatment for a disease he does not yet have? One thing is definite: James needs to be educated about the symptoms and severity of active tuberculosis (...) disease. (shrink)

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and (...) a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also illustrate the dependence of social order and cooperation on a group's commitment to justice. The insights from the absent-law situations have implication for several modern criminal justice issues, including the appropriate distributive principle for criminal liability and punishment, restorative justice programs, the movement to promote non-incarcerative sanctions, transitional justice and truth commissions, the use-of-force rules under international law, the procedures for fairness in criminal adjudication, and crime-control policies in fighting organized crime and terrorism. (shrink)

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments (...) support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance. But this analysis fails to appreciate the crime-control costs of strict liability. By explicitly providing for punishment in the absence of moral blameworthiness, the law undermines its moral credibility with the community and thereby provokes subversion and resistance instead of the cooperation and acquiescence it needs for effective crime control. More importantly, the system’s lost moral credibility undermines the law’s ability to harness the powerful forces of stigmatization, social influence, and internalized norms. Given the serious limitations inherent in the real-world application of general deterrence and preventive detention programs, the most effective crime-control strategy is to build the criminal law’s reputation for being just, which means avoiding the use of strict liability. (shrink)

This volume brings together a collection of essays, many of them scholarly classics, which form part of the debate around three questions central to criminal law theory: firstly, what conduct should be necessary for criminal liability, and what sufficient? Secondly, what culpability should be necessary for criminal liability, and what sufficient? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure.

The authors use social science methodology to determine whether a doctrinal shift—from an objectivist view of criminality in the common law to a subjectivist view in modem criminal codes—is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the (...) minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue that there is practical value in having criminal law track shared community intuitions of the proper rules for assigning liability and punishment. For that reason, the study results support the often criticized subjectivist view of modern codes in setting the minimum requirements of liability, but disapprove of the modern codes' shift away from the common law's objectivist view of grading. (shrink)

_William Empson: Prophet Against Sacrifice_ provides the most coherent account of Empson's diverse career to date. While exploring the richness of Empson's comic genius, Paul H. Fry serves to discredit the appropriation of his name in recent polemic by the conflicting parties of deconstruction and politicized cultural criticism. He argues that Empson is a larger, more important figure than the orthodox in either camp can acknowledge, deserving to be considered alongside such versatile critics as Walter Benjamin, Kenneth Burke and (...) Roland Barthes. (shrink)