The Criminal Cases Review Commission (CCRC) was the first publicly funded body created to investigate claims of wrongful conviction, with the power to refer cases to the Court of Appeal. In other countries, such as Australia, Canada and the United States, many regard the CCRC as the optimal solution to wrongful conviction and, for years, Innocence Projects in these countries have called for the establishment of a CCRC-style body in their own jurisdictions. However, it is now Innocence Projects which are (...) being introduced in England and Wales to try to assist applicants who are innocent but convicted. This article reviews why the CCRC was created, discusses the role of factual innocence within this body and within the criminal justice system generally and explores why Innocence Projects are being created in England and Wales, despite the presence of the CCRC. It explains how these different organizations may work together to assist factually innocent people who have been wrongly convicted, and the role Innocence Projects may play generally in criminal justice reform and legal education. (shrink)

A quick scan of the leading figures in western philosophy reveals that relatively few have made a name for themselves by defending intuitive, natural, and sensible positions. Aristotle is one, and perhaps Aquinas is another. Francisco Suarez, the sixteenth-century Spanish scholastic, would be a third. His invariable working procedure is to give copious consideration to the various ancient and medieval views, and then to find some sensible compromise position. But today Suarez can hardly claim to have a broad readership. Of (...) his fifty-four Metaphysical Disputations, only nine have now been published in English, while his other works remain almost entirely untranslated. This clear and accurate new translation aims to show readers what they have been missing. (shrink)

Nach den Anschlagen in Paris, Brussel und Nizza und den verzweifelten Erklarungsversuchen sind die Baden-Badener Reden von Alfred Grosser, Hans Gert-Pottering und Robert Zollitsch eine grosse Hilfe. Eine Hilfe, die schmerzenden Erfahrungen des Augenblicks in einen grosseren Zusammenhang zu bringen. Wenn etwa Alfred Grosser in seiner Rede den Bogen zu seiner eigenen Biografie hin zu den Banlieues unserer Tage in Paris spannt. "Ich bin seit 1937 Franzose, unsere Erziehungsministerin ist Franzosin seit 1995, unser Premierminister seit 1982, die (...) Burgermeisterin von Paris seit 1973, Nicolas Sarkozy ist Fluchtlingssohn. Niemand wird sagen, sie sind nicht Franzosen. Aber die jungen Leute in den sogenannten "Vororten" sind fast alle franzosische Staatsburger und werden total diskriminiert. Also, sie haben die franzosische Identitat, gewiss, aber sie suchen eine andere Identitat und das ist der Islam. Nicht der Islam war zuerst da, sondern die Diskriminierung.". (shrink)

Im Alltag wissen wir über vieles so gut Bescheid, dass wir im Allgemeinen richtig „funktionieren“ können. Dieses Vorwissen ist aber kein methodisch erarbeitetes und kritisch reflektiertes Wissen über Zusammenhänge oder Gründe und Motive, schon gar nicht über gesellschaftliche Verknüpfungen. Insofern hat der Alltag seine eigene „Logik“, seine eigenen Relevanzen und eigene Handlungszwänge. Zu dieser eigenen Vernünftigkeit gehört auch ein spezifisches Wissen über das, was gut und schlecht, geschuldet und „gesollt“ ist. Solche moralischen Regelungen sind wesentliche Stabilisatoren, um vielfältige, alltägliche Situationen (...) bewältigen zu können. Entsprechend streng ist die gesprächsweise („diskursive“) Verarbeitung der moralischen Selbstverständlichkeiten und die gemeinsame Sanktion in Form von Entrüstung, Verärgerung oder Verachtung bei Übertretung dieses moralischen Kodex. Es ist Aufgabe dieses Bandes den Alltag nach seinen impliziten ethischen Postulaten zu durchforsten. Dabei geht es überwiegend nicht um die theoretische Begründung der Pflichten (d.h. um Ethik), sondern um alltagsweltliches Erleben, Bewusstsein, Erwartungen und praktisches Handeln (d.h.um Moral). Beispielhaft zeigt sich dieser Zusammenhang an den 5 Sinnen, die alle moralisch bzw. kulturell „imprägniert“ sind. (shrink)

A familiar debate in the philosophy of sport concerns the question of whether fans should seek to be partisans (those who support particular teams or individuals) or whether they should instead adopt the impartial attitude of the purist. More recently, Kyle Fruh et al. have argued in defense of fair-weather fandom, which they understand as a form of fandom that involves adopting temporary allegiances in response to non-sporting considerations. This paper will add a new form of fandom to this discussion: (...) the foul-weather fan. While fair-weather fans adopt temporary allegiances or strengthen existing allegiances for teams when things are going well, foul-weather fans do so when things are going badly. We will argue that foul-weather fandom can be both instrumentally valuable, as it helps to protect valuable sporting institutions, and non-instrumentally valuable, as these fans display concern, empathy, or support for sporting individuals or teams that are going through tough times. We finish by discussing how a specific form of foul-weather fandom may be associated with a distinctive moral danger in putting people in positions where they may become complicit in a club’s immorality. (shrink)

This article explores the potential utility of the theory of Holism as developed by South African philosopher, British Commonwealth statesman and military leader, Jan Smuts, for philosophical counselling or practice. Central to the philosophical counseling process is philosophical counsellors or practitioners applying the work of philosophers to inspire, educate and guide their counselees in dealing with life problems. For example, Logic-Based Therapy, a method of philosophical counselling developed by Elliot Cohen, provides a rational framework for confronting problems of living, where (...) the counselor helps the counselee find an uplifting philosophy that promotes a guiding virtue that acts as an antidote to unrealistic and often self-defeating conclusions derived from irrational premises. We present the argument that Holism is one such uplifting philosophy which can be of utility to philosophical counselors or practitioners to help their counselees with confronting problems of living. Furthermore, we argue that Smuts’ articulation of freedom can act as a guiding virtue within this uplifting philosophy of Holism in accordance with the methodology of LBT. Smuts’ contribution to philosophy and psychology is arguably inadequately credited, and for this reason, and to the best of our knowledge, Smuts’ theory of Holism has yet to be discussed in the context of philosophical counseling or practice. Given these omissions, we begin this article with a discussion of his influence on 20th Century Anglo-American psychology. We then provide a brief historical context, and an introduction to the central argument of Smuts’ Holism, as well as a brief overview of the origins of Smut’s Holism and an introduction to his book Holism and Evolution. In the remainder of the article, we discuss several foundational concepts that underlie Smuts’ theory of Holism, as articulated and developed in his book Holism and Evolution, to substantiate our arguments. We conclude by highlighting the limitations of our article, limitations to Smuts’ model, and the challenges inherent in the use of a now largely antiquated theory, even by Smuts’ own admission nineteen years after its publication, for the purposes of contextualizing and substantiating the arguments and recommendations presented herein. (shrink)

"AGM members lunch." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 13.

Most lymphocytes of the T cell lineage develop along the CD4/CD8 pathway and express antigen receptors on their surfaces consisting of clonotypic αβ chains associated with invariant CD3‐γδε components and ζ chains, collectively referred to as the T cell antigen receptor complex (TCR). Expression of the TCR complex is dynamically regulated during T cell development, with immature CD4+CD8+ thymocytes expressing only 10% of the number of αβ TCR complexes on their surfaces expressed by mature CD4+ and CD8+ T cells. Recent (...) evidence demonstrates that low surface TCR density on CD4+CD8+ thymocytes results from the limited survival of a single TCR component within the ER, the TCRα chain, which has a half life of only 15 minutes in immature thymocytes, compared to >75 minutes in mature T cells. Instability of TCRα proteins in immature CD4+CD8+ thymocytes represents a novel mechanism by which expression of the multisubunit TCR complex is quantitatively regulated during T cell development. In the current review we discuss our recent findings concerning the assembly, intracellular transport, and expression of αβ TCR complexes in CD4+CD8+ thymocytes and comment on the functional significance of TCRα instability during T cell development. (shrink)

For half a century, Ernest Fortin's scholarship has charmed and educated theologians and philosophers with its intellectual search for the best way to live. Written by friends, colleagues, and students of Fortin, this book pays tribute to a remarkable thinker in a series of essays that bear eloquent testimony to Fortin's influence and his legacy. A formidable commentator on Catholic philosophical and political thought, Ernest Fortin inspired others with his restless inquiries beyond the boundaries of conventional scholarship. With essays on (...) subjects ranging across philosophy, political science, literature, and theology Gladly to Learn and Gladly to Teach reflects the astonishing depth and breadth of Fortin's contribution to contemporary thought. (shrink)

For more than thirty years, Robert Audi has been one of the most creative and influential philosophical voices on a broad range of topics in the fields of ethics, epistemology, philosophy of mind and action, and philosophy of religion. This volume features thirteen chapters by renowned scholars plus new writings by Audi. Each chapter presents both a position of its author and a critical treatment of related ideas of Audi's, and he responds to each of the contributors in a (...) way that provides a lively dialogue on the topic. The book begins with an introduction by Audi that presents a thematic overview of his philosophy and connects his views in ethics, epistemology, and philosophy of mind and action. Each of the thirteen chapters that follow concentrates on one or another of these three main areas. The chapters are followed by Audi's replies. (shrink)

Almost thirty years ago, in an attempt to undermine what he termed "the principle of alternate possibilities" (the thesis that people are morally responsible for what they have done only if they could have done otherwise), Harry Frankfurt offered an ingenious thought-experiment that has played a major role in subsequent work on moral responsibility and free will. Several philosophers, including David Widerker and Robert Kane, argued recently that this thought-experiment and others like it are fundamentally flawed. This paper develops (...) a new Frankfurt-style example that is immune to their objections. [Reprinted in Laura Waddell Ekstrom, ed., Agency and Responsibility: Essays on the Metaphysics of Freedom (Westview Press, 2001), pp. 241-54; and in John Martin Fischer, ed., Free Will, Vol. III (Routledge, 2005), pp. 330-42.]. (shrink)

Values and the scope of scientific inquiry, by M. Farber.--The phenomenology of epistemic claims: and its bearing on the essence of philosophy, by R. M. Zaner.--Problems of the Life-World, by A. Gurwitsch.--The Life-World and the particular sub-worlds, by W. Marx.--On the boundaries of the social world, by T. Luckmann.--Alfred Schutz on social reality and social science, by M. Natanson.--Homo oeconomicus and his class mates, by F. Machlup.--Toward a science of political economics, by A. Lowe.--Some notes on reality-orientation in contemporary (...) societies, by A. Brodersen.--The eclipse of reality, by E. Voegelin.--Alienation in Marx's Political economy and philosophy, by P. Merlan.--The problem of multiple realities: Alfred Schutz and Robert Musil, by P. L. Berger.--Phenomenology, history, myth, by F. Kersten.--The role of music in Leonardo's Paragone, by E. Winternitz.--Alfred Schutz bibliography (p. [297]-306). (shrink)

Libertarianism about free will is the conjunction of two theses: the existence of free will is incompatible with the truth of determinism, and at least some human beings sometimes exercise free will (or act freely, for short). 1 Some libertarian views feature agent causation, others maintain that free actions are uncaused, and yet others – event-causal libertarian views – reject all views of these two kinds and appeal to indeterministic causation by events and states. 2 This article explores the relative (...) merits of two different views of this third kind. One is Robert Kane's prominent view, and the other is the ‘daring libertarian’ view that I floated in Free Will and Luck. 3 (I labeled the view ‘daring’ to distinguish it from a more modest libertarian view that I floated a decade earlier.) 4 I say ‘floated’ because I am not a libertarian. I do not endorse incompatibilism; instead, I am agnostic about it. But if I were a libertarian, I would embrace my daring libertarian view (or DLV, for short). This article's thesis is that event-causal libertarians should prefer DLV to Kane's ‘dual or multiple efforts’ view. (shrink)

This article critically examines recent work on free will and moral responsibility by Randolph Clarke, Robert Kane, and Timothy O’Connor in an attempt to clarify issues about control and luck that are central to the debate between libertarians (agent causationists and others) and their critics. It is argued that luck poses an as yet unresolved problem for libertarians.

Humanist sociologists are activists rooted in the reality of history and change and guided by a concern for the 'real life' problems of equality, peace, and social justice. They view people as active shapers of social life, capable of creating societies in which everyone's potential can unfold. Alfred McClung Lee introduces this volume with 'Sociology: Humanist and Scientific' and develops the theme that a sociology that is humanist is also scientific. The other nine selections are grouped into four parts: (...) 'The Individual and Social Life;' 'Social Institutions: Technology, Science, and Formal Organization;' 'Political Structures: Issues of Justice and Equality;' and 'Methodological Critiques and Counterproposals.'. (shrink)

This paper raises a pair of objections to the novel libertarian position advanced in Robert Kane's recent book, The Significance of Free Will.The first objection's target is a central element in Kane's intriguing response to what he calls the "Intelligibility" and "Existence" questions about free will. It is argued that this response is undermined by considerations of luck.The second objection is directed at a portion of Kane's answer to what he calls "The Significance Question" about free will: "Why do (...) we, or should we, want to possess a free will that is incompatible with determinism? Is it a kind of freedom 'worth wanting'... and, if so, why?" A desire for "objective worth" has a featured role in his answer. However, a compatibilist can have that desire. (shrink)

This study, originally published in 1977, focuses on a critical examination of the life-work of Alfred Schutz, the most important and influential ‘father’ of several recent schools of empirical social research. The author shows why Shutz and his followers fail in their attempts to ‘humanize’ empirical social science. The problems they encounter, he argues, are due to their attempt to achieve a methodological synthesis of self-determining subjectivity and empirical criteria of validation, based on Schutz’s heuristic adoption of relevant ideas (...) from Weber and Husserl. This is, in effect, an artificial union of subjectivity and objectivity – their ‘dual vision’ – that satisfies neither phenomenological nor naturalist perspectives. Dr Gorman suggests that the radical implications of phenomenology must lead to a consistent, socially-conscious method of inquiry, and, in a final chapter, he re-defines the methodological implications of phenomenology with the aid of existential and Marxist categories. (shrink)

This article explores fundamental differences between Robert Audi’s position on self-deception and mine. Although we both depart from a model of self-deception that is straightforwardly based on stereotypical interpersonal deception, we differ in how we do that. An important difference between us might be partly explained by a difference in how we understand the kind of deceiving that is most relevant to self-deception.

This study, originally published in 1977, focuses on a critical examination of the life-work of Alfred Schutz, the most important and influential ‘father’ of several recent schools of empirical social research. The author shows why Shutz and his followers fail in their attempts to ‘humanize’ empirical social science. The problems they encounter, he argues, are due to their attempt to achieve a methodological synthesis of self-determining subjectivity and empirical criteria of validation, based on Schutz’s heuristic adoption of relevant ideas (...) from Weber and Husserl. This is, in effect, an artificial union of subjectivity and objectivity – their ‘dual vision’ – that satisfies neither phenomenological nor naturalist perspectives. Dr Gorman suggests that the radical implications of phenomenology must lead to a consistent, socially-conscious method of inquiry, and, in a final chapter, he re-defines the methodological implications of phenomenology with the aid of existential and Marxist categories. (shrink)

This article traces the evolution by which in the context of 1930s South Africa the liberal philosopher Alfred Hoernlé came to recognize the inability of classical liberalism to address the problems of a society in which a racial hierarchy had become deeply entrenched. Although he must be criticized for his patriarchal approach and for the pessimism that led him to take White attitudes toward Black South Africans as an unchangeable part of the situation that simply had to be accepted, (...) his insight into the limits of liberalism still resonates. While most White commentators were still thinking of racism in terms of beliefs and attitudes, he already understood that the problem lay in the systemic adoption of “techniques of domination” or what we today might call institutional racism. Although his proposal in 1939 that “Total Separation” was “a legitimate application of sound liberal ideas” was deeply problematic in context and might well have had a serious negative impact, it should be understood that it was intended to highlight the fundamental paradox into which liberalism fell when attempting to solve the problems it had helped to create by its belief in a civilizing mission that began with violence. (shrink)

The latest offering in the highly successful Oxford Readings in Philosophy series, The Philosophy of Action features contributions from twelve leading figures in the field, including: Robert Audi, Michael Bratman, Donald Davidson, Wayne Davis, Harry Frankfurt, Carl Ginet, Gilbert Harman, Jennifer Hornsby, Jaegwon Kim, Hugh McCann, Paul Moser, and Brian O'Shaughnessy. Alfred Mele provides an introductory essay on the topics chosen and the questions they deal with. Topics addressed include intention, reasons for action, and the nature and explanation (...) of internal action. A selective bibliography is included as a guide to further reading. Comprehensive and up-to-date, this collection provides an accessible and stimulating introduction for readers interested in the philosophy of action, the philosophy of mind, and moral philosophy. (shrink)

In “Making Music Together: A Study in Social Relationship,” Alfred Schutz offers a phenomenological description of a structure he contends is at the root not only of shared musical meaning, but of human communication and social relations as such: the “tuning-in relationship.” The aim of what follows is to establish that this same structure is at the root of ethical relationships, which may shed some light on the conditions under which it is possible to respond appropriately to ethically fraught (...) situations. Schutz’ analysis of the play of internal and external time establishes what the tuning-in relationship must be, but not yet how it is possible. His account also points to two important preconditions of tuning in: embodiment as the middle term between internal and external time, and practices as more widely shared meaning contexts which may persist across generations. For several reasons, Schutz does not give embodiment its due in his account, though his earlier work on course-of-action types sheds some light on the nature of practices. In all, though, these amount to promising leads for further investigation. (shrink)