This article presents original empirical data generated from the Crown Prosecution Service (CPS) Pilot Evaluation of pre-trial witness interviewing (PTWI) in England and Wales. Section 1 introduces the PTWI Pilot and describes the methodological strengths and limitations of our qualitative socio-legal study. Forming the richly documented empirical core of the article, Sections 2–5 identify the principal considerations which seemed to influence case selection for Pilot interviews. An overlapping collection of evidentiary, strategic and circumstantial factors encouraged prosecutors to resort to PTWI, (...) whilst other, countervailing considerations were apprehended as disincentives. Assessments of witness credibility were central to prosecutors’ attempts to balance these competing factors. Section 6 concludes by underlining the potential of qualitative socio-legal studies to promote more nuanced understandings of criminal process, and by extension to make practical contributions to evidence-based criminal procedure reform. (shrink)

In this paper, we do two things: first, we offer a metaphysical account of what it is to be an individual person through Hegel’s understanding of the concrete universal; and second, we show how this account of an individual can help in thinking about love. The aim is to show that Hegel’s distinctive account of individuality and universality can do justice to two intuitions about love which appear to be in tension: on the one hand, that love can involve a (...) response to properties that an individual possesses; but on the other hand, what it is to love someone is not just to love their properties, but to love them as the distinct individual they are. We claim that Hegel’s conception of the relation between individuals and their properties, which relies on his account of the concrete universal, can resolve this tension and make sense of this aspect of love. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Male Reproductive Strategies in Sherwood Anderson's "The Untold Lie"Judith P. SaundersSingled out repeatedly as one of the finest stories in Sherwood Anderson's Winesburg, Ohio, "The Untold Lie" (1919) has attracted surprisingly little sustained critical comment.1 Like all the stories in the Winesburg cycle, this one delineates a revelatory moment of inner turmoil. There is little outward action; conflict and suspense are generated chiefly in the interior of the protagonist's (...) psyche, focusing on his ambivalence as husband and father. Readers become privy to "the buried life" of unacknowledged impulses and the "hidden truth" of repressed resentments,2 as Anderson's central characters struggle with the antithetical "choices available to the individual as biology works its will."3 A portrait of the male mind deliberating the relative advantages of alternative reproductive strategies, the story notably repays biosocial investigation. The theoretical framework, as well as the intellectual rationale, for undertaking biosocial investigation of literary texts has been explained ably by critics and aestheticians such as Joseph Carroll, Brett Cooke, Ellen Dissanayake, Robert Story, and others. Readers unfamiliar with the historical and theoretical foundations of Darwinian literary criticism will find useful commentary in works by these and other thinkers in this rapidly growing field.4Anderson concentrates on the interactions between two men at different stages in life, one middle-aged, perhaps fifty, and one youthful, "only twenty-two."5 The older man, Ray Pearson, has made his most important reproductive decisions well before the story begins: he has been married for many years and fathered half a dozen children (p. 203). He works as a farm hand, eking out a meagre living for his family by means of hard physical labor. A few details are sufficient to suggest [End Page 311] his poverty: his house is "tumble-down," his children "thin-legged," his coat torn and shiny with age (pp. 203, 206). Ray's wife, "sharp" in both features and voice, appears to be a perpetually anxious scold, concerned with fundamental problems of family subsistence. Ray's direct fitness (as measured by reproductive success) promises to be respectable, but the task of rearing his numerous offspring to adulthood has required and will continue to require his utmost effort and full-time commitment. He is just barely able to support his family (food is being purchased on a day-by-day basis), and there is little margin of safety in his situation.As foil to Ray, Anderson presents Hal Winters, a man not only younger but different in physique, in temperament, and in social class. Hal is big, tall, and broad shouldered; by way of contrast, Ray's shoulders are described as "rounded by too much and too hard labor," and he is "almost a foot shorter" than the robust Hal (p. 203ff). Inclined to prototypical masculine display, Hal is observed "roistering" about the town at night, dressing in "cheap flashy clothes." He challenges his own father in a fist fight, and as a result he is arrested and jailed. His brash and often reckless behavior is very unlike that of the "quiet, nervous," and "altogether serious" Ray. In the community Hal has the reputation of "a bad one." A fighter, a drinker, and a womanizer, he is "always up to some devilment." Unsurprisingly, Hal's family background is said not to be particularly respectable. The fathers of both Hal and Ray are small-business owners: the Winters operate a sawmill, the Pearsons a bakery. (The narrator never explains why Ray did not join or succeed his father in the bakery business, which presumably would have offered him a better income and a physically less onerous profession.) The stated difference in social standing appears to derive from the two families' differing records of conduct.Hal's aggressive propensities seem to be at least in part hereditary. He is "the worst" of three notoriously bad brothers, all sired by "a confirmed old reprobate" (pp. 202–3). The father, old Windpeter Winters, is remembered best for the gratuitous violence of his death. Drunk, he drove his team of horses along the railroad tracks straight into the path of an oncoming train, having slashed with his whip at a neighbor who... (shrink)

The recent debates concerning divine action in the context of quantum mechanics are examined with particular reference to the work of William Pollard, Robert J. Russell, Thomas Tracy, Nancey Murphy, and Keith Ward. The concept of a quantum mechanical “event” is elucidated and shown to be at the center of this debate. An attempt is made to clarify the claims made by the protagonists of quantum mechanical divine action by considering the measurement process of quantum mechanics in detail. Four (...) possibilities for divine influence on quantum mechanics are identified and the theological and scientific implications of each discussed. The conclusion reached is that quantum mechanics is not easily reconciled with the doctrine of divine action. (shrink)

This paper lays out two recent accounts of Hegel’s practical philosophy in order to present a challenge. According to Robert Stern and Mark Alznauer, Hegel attempts to ground our ethical practices in ontological norms. I argue that we cannot ground our ethical practices in this way. However, I also contend that Stern’s and Alznauer’s conception of reality as both conceptual and normative can still play a useful role in practical philosophy, namely, to help defuse a sceptical worry about a (...) threat to ethics. (shrink)

How does personality influence the relationship between appraisals and emotions? Recent research suggests individual differences in appraisal structures: people may differ in an emotion's appraisal pattern. We explored individual differences in interest's appraisal structure, assessed as the within-person covariance of appraisals with interest. People viewed images of abstract visual art and provided ratings of interest and of interest's appraisals (novelty–complexity and coping potential) for each picture. A multilevel mixture model found two between-person classes that reflected distinct within-person appraisal styles. For (...) people in the larger class (68%), the novelty–complexity appraisal had a stronger effect on interest; for people in the smaller class (32%), the coping potential appraisal had a stronger effect. People in the larger class were significantly higher in appetitive traits related to novelty seeking (e.g., sensation seeking, openness to experience, and trait curiosity), suggesting that the appraisal classes have substantive meaning. We conclude by discussing the value of within-person mixture models for the study of personality and appraisal. (shrink)

After almost a decade, the discussion initiated by Professor Edmund Gettier's provocative paper “Is Justified True Belief Knowledge?” continues. The most recent contribution to this discussion is Professor John Turk Saunders' attempt to counter Professor Irving Thalberg's claim that a principle that Gettier employs in reaching his notorious negative conclusion is unjustified. I am moved to add to the discussion at this time because it seems to me that the principle in question is unjustified. But more fundamentally, Gettier's argument (...) fails because the putative counter-examples on which it rests fail to make their intended point. I shall discuss these claims in turn.The epistemic principle which I consider unjustified is the one which Thalberg has called the Principle of Deducibility for Justification and which Gettier formulates as follows: “for any proposition P, if S is justified in believing P, and P entails Q, and S deduces Q from P and accepts Q as a result of this deduction, then S is justified in believing Q.”. (shrink)

While the ethical use of deception has been discussed in literature, the ethics and acceptability of nursing deception has yet to be studied. The current study examined nurses’ and nursing students’ ratings of the ethics and acceptability of nursing deception. We predicted that nurses and nursing students would rate a truthful vignette as more ethical than a deceptive vignette. We also predicted that participants would rate nursing deception as unethical and unacceptable. A mixed design was used to examine ethics scores (...) as a within-subjects factor and order as a between-groups design factor. A total of 131 nurses and nursing students were recruited from university nursing programs and hospitals in Texas. Participants were provided with a truthful vignette and deceptive vignette and used the Multidimensional Ethics Scale-Revised 1 to rate each vignette. Participants also completed the Lies in Nursing Ethics Questionnaire. The truthful nursing vignette was rated as more ethical than the deceptive vignette. Results indicated that most participants rated nursing deception as unethical, unacceptable, and a violation of the ANA ethical code. Some participants deemed that nursing deception may be acceptable within some cases. Age and years of experience were not related to the perceived ethics and acceptability of nursing deception. Nurses and nursing students believe that using deception with patients is unethical and unacceptable. However, some participants believed that deception may be warranted within some cases. These findings may reflect nurses’ placing the patient at the core of their values and viewing honesty as important for the nurse-patient relationship. Further implications and directions are discussed. (shrink)

Finance is an area that, in practice, is plagued by accusations of unethical activity; the study of finance had adopted a largely nonbehavioral approach to business ethics research. We address this gap in by assessing whether individual ethical orientations predict the acceptability of questionable decisions about financial issues. Results show that individual ethical orientations are associated with different levels of acceptability of questionable decisions about financial issues, though the pattern of these differences varies across individual ethical orientations assessed. These results (...) represent evidence that ethical individual differences are associated with the acceptability of questionable finance decisions and are discussed in terms of methodological limitations and future directions in finance ethics research. (shrink)

A longitudinal study of 308 white -collar U.S. employees revealed that feelings of hope and gratitude increase concern for corporate social responsibility. In particular, employees with stronger hope and gratitude were found to have a greater sense of responsibility toward employee and societal issues; interestingly, employee hope and gratitude did not affect sense of responsibility toward economic and safety/quality issues. These findings offer an extension of research by Giacalone, Paul, and Jurkiewicz.

The use of deception in medical care is highly suspect in this country. Yet there is one condition for which deception is often used as a diagnostic tool. Nonepileptic seizures, a psychiatric condition in which emotional or psychological conflicts manifest themselves unconsciously through bodily symptoms, are currently diagnosed by a procedure called “provocative saline infusion.” The test is fundamentally deceptive, requiring the physician to intentionally and directly lie to the patient, causing the patient to believe that the administered solution caused (...) his seizures. Without such deception, the test might be useless. (shrink)

Scientists now agree that common diseases arise through interactions of genetic and environmental factors, but there is less agreement about how scientific research should account for these interactions. This paper examines the politics of quantification in gene–environment interaction research. Drawing on interviews and observations with GEI researchers who study common, complex diseases, we describe quantification as an unfolding moral economy of science, in which researchers collectively enact competing “virtues.” Dominant virtues include molecular precision, in which behavioral and social risk factors (...) are moved into the body, and “harmonization,” in which scientists create large data sets and common interests in multisited consortia. We describe the negotiations and trade-offs scientists enact in order to produce credible knowledge and the forms of discipline that shape researchers, their practices, and objects of study. We describe how prevailing techniques of quantification are premised on the shrinking of the environment in the interest of producing harmonized data and harmonious scientists, leading some scientists to argue that social, economic, and political influences on disease patterns are sidelined in postgenomic research. We consider how a variety of GEI researchers navigate quantification’s productive and limiting effects on the science of etiological complexity. (shrink)

Individuals are a prominent part of the biological world. Although biologists and philosophers of biology draw freely on the concept of an individual in articulating both widely accepted and more controversial claims, there has been little explicit work devoted to the biological notion of an individual itself. How should we think about biological individuals? What are the roles that biological individuals play in processes such as natural selection (are genes and groups also units of selection?), speciation (are species individuals?), and (...) organismic development (do genomes code for organisms)? Much of our discussion here will focus on organisms as a central kind of biological individual, and that discussion will raise broader questions about the nature of the biological world, for example, about its complexity, its organization, and its relation to human thought. (shrink)

This book argues that the Russian-British philosopher Isaiah Berlin should primarily be understood through British idealism. Though he adopted Kantian methodology and a view of people as purposive beings, he rejected the Idealists' monism and theories of positive liberty. Robert A. Kocis demonstrates how, like Michael Oakeshott and R. G. Collingwood, Berlin can be seen as a 'post-Idealist' thinker, invested in the implications of that rich tradition.

L'argument de Descartes selon lequel son essence s'identifie avec sa pensée s'expose à la critique destructrice de Leibniz. En même temps l'interprétation de l'argument donnée par Arnauld s'avère défectueuse. Car elle repose sur l'hypothèse que Descartes doutait des idées claires et distinctes qui sont présentés à l'esprit. En fait Descartes ne doutait jamais de telles idées en de telles circonstances. Et ce n'est qu'après que l'hypothèse du malin génie lui permettait de douter de l'identité de son essence et de sa (...) pensée. A ce moment-là, d'ailleurs, il était prêt à admettre la possibilité que celle-là soit complètement différente de celle-ci. Mais l'interprétation d'Arnauld ne lui permet point de comprendre une telle possibilité. (shrink)

Several recent commentators have suggested that for fully rational agents who find themselves in iterated prisoner's dilemmas of indefinite length, co-operation is the rational strategy. Their argument is that these fully rational agents can be taught, through the co-operative actions of other agents, to bypass the dominant move of noncooperation and co-operate instead. The proponents of the “teaching strategy” seem to have ignored the compelling argument of Jordan Howard Sobel. While the teaching argument may work for agents who are less (...) than purely rational, Sobel has pointed out that hyperrational utility maximizers cannot be taught; they reason deductively, not inductively, as the “teaching argument” requires. (shrink)

God deserves obedience simply because he’s God—or does he? Inspired by a passion for biblical as well as constitutional scholarship, in this bold exploration Yale Law Professor Robert A. Burt conceptualizes the political theory of the Hebrew and Christian Bibles. God’s authority as expressed in these accounts is not a given. It is no less inherently problematic and in need of justification than the legitimacy of secular government. In recounting the rich narratives of key biblical figures—from Adam and Eve (...) to Noah, Cain, Abraham, Moses, Job, and Jesus—In the Whirlwind paints a surprising picture of the ambivalent, mutually dependent relationship between God and his peoples. Taking the Hebrew and Christian Bibles as a unified whole, Burt traces God’s relationship with humanity as it evolves from complete harmony at the outset to continual struggle. In almost every case, God insists on unconditional obedience, while humanity withholds submission and holds God accountable for his promises. Contemporary political theory aims for perfect justice. The Bible, Burt shows, does not make this assumption. Justice in the biblical account is an imperfect process grounded in human—and divine—limitation. Burt suggests that we consider the lessons of this tension as we try to negotiate the power struggles within secular governments, and also the conflicts roiling our public and private lives. (shrink)

In his The Everlasting Check: Hume on Miracles, Alexander George claims to provide readers with a single unified interpretation of Hume’s ‘Of Miracles’ that demonstrates Hume’s actual argument is philosophically rich and far more robust than is generally thought. This response argues that George is unsuccessful, ignoring crucial passages and misinterpreting others.

The first is that a miracle, understood as an event produced by a transcendent agent overriding the usual course of nature, involves a violation of the laws of nature. Larmer argues that events are explained by reference to both relevant laws and units of mass/energy in the sequences to be explained. He contends that a miracle need not be conceived as involving a violation of natural law, but rather as the creation or annihilation of mass/energy by a transcendent agent. In (...) reply to the objection that this account would violate the first law of thermo-dynamics, he distinguishes two forms of the principle -- one metaphysical, one scientific -- and aruges that a miracle would not violate the principle considered as a scientific law. The second assumption is that miracle testimony cannot serve as evidence for theism. Larmer demonstrates that the logical ties connecting the concept of miracle to theism need not imply that one must be a theist to evaluate miracle testimony properly. All that is required is that one is prepared to entertain theism as a hypothesis. Attacking these assumptions allows Larmer to show that Humean balance-of-probabilities arguments, based on a presumed conflict between evidence which establishes belief in the laws of nature and evidence in favour of miracles, miss the point if miracles need not be defined as violations of the laws of nature. He argues that, in the absence of a general argument demonstrating that the testimonial evidence in favour of miracles conflicts with the evidence for the laws of nature, it is up to the atheist to demonstrate, on a case-by-case basis, why the testimonial evidence is to be rejected. His conclusion is that, contrary to what is usually thought, the burden of proof lies not upon the shoulders of the theist, but upon the shoulders of the atheist. (shrink)

One-third of all adults under the age of thirty in the United States of America are ‘nones’. Nones include atheists, agnostics, and those who answer “nothing in particular” to religious survey questions. In this article the authors examine the rise of the nones, drawing upon the work of Mary Eberstadt, Charles Taylor, and Joseph Bottum. We classify the nones into three groups: naturalists, transcendent spiritualists, and non-transcendent spiritualists. After discussing various challenges for evangelization among the nones, we propose some ideas (...) to address these challenges. Here we draw upon the work of Saint Thomas Aquinas, Jacques Maritain, and Mariano Artigas. Finally, we discuss some cultural concerns and problems that would probably result if the rise of the nones is left unaddressed. (shrink)

Examines from the point of view of philosophy a variety of topics, including abortion, war, old age, death, environmentalism, and Christianity.