This article explores and questions traditional legal scholarship's historical presentation of the role of the accused and the relationship between the individual and the state in English criminal justice that it expresses. This perceived relationship between the individual and the state is traced through a textual and historical analysis of rules relating to questioning and to confessions. The article focuses on the ‘development’ of these rules during the 19th century when the foundations of the modern English legal system were laid. (...) The author maintains that through the conceptual categories of ‘subject’, ‘citizen’ and ‘suspect’, established legal writers have constructed the role played by the accused within an historical framework of ‘progress’. Yet when examined in the light of case law and statute from the period, that framework appears more mythical than factual as it lacks the evidential foundation to support it. (shrink)

Using data from a randomized field experiment within a Deliberative Poll, this paper examines deliberation’s effects on both policy attitudes and the extent to which ordinal rankings of policy options approach single-peakedness (a help in avoiding cyclical majorities). The setting was New Haven, Connecticut, and its surrounding towns; the issues were airport expansion and revenue sharing – the former highly salient, the latter not at all. Half the participants deliberated revenue sharing, then the airport; the other half the reverse. This (...) split-half design helps distinguish the effects of the formal on-site deliberations from those of other aspects of the treatment. As expected, the highly salient airport issue saw only a slight effect, while much less salient revenue-sharing issue saw a much larger one. (shrink)

I would like to take this opportunity to express my thanks to colleagues whose suggestions have been essential: Karl S. Bottigheimer, Pierre H. Boulle, L. Perry Curtis, Arnold Esch, Marjorie M. Farrar, John R. Gillis, James Joll, Richard F. Kuisel, Alan Lawson, Philip T. Nicholson, James J. Sheehan, Robert Young.

Since taking office, the President of the United States has consistently refused to make his tax returns available for public scrutiny. In so doing, he has broken with presidential tradition and kept people guessing about what his tax returns would show if they were disclosed. Interestingly enough, in the absence of concrete knowledge about the President’s tax circumstances, some taxpayers perceive that he did not pay his fair share and others perceive that he did. This situation presents an opportunity for (...) us to consider how vertical equity perceptions about the President’s fair share of taxes, and identification with the President via voting behavior, are jointly associated with taxpayers’ compliance. Using insights from equity theory as reported in Adams Advances in experimental social psychology, Academic Press, New York, 1965) and social learning theory as reported in Bandura, we anticipate and find that those taxpayers who perceive that the President did not pay his fair share of taxes and who most closely socially identify with him have the lowest tax compliance. We use a survey of 600 American taxpayers to capture their perceptions of vertical equity, voting behavior, and tax compliance intentions. Our results may reflect that taxpayers who identify with the President will tend to model his tax-related actions, or may also indicate that some taxpayers vote for a president whose actions are similar to their own. Insights and implications for ethics and tax researchers and tax policy makers are discussed. (shrink)

Ignorance is essential to life as we know it. Foreknowledge of the future would preclude choice, responsibility, individuality—even history. True knowledge of the past would obviate historiography. Without human ignorance of God's larger plan, His omnipotence and benevolence would not make sense, given the evils of the world. Full knowledge is the enemy of both intimate and impersonal relationships; for that matter, even less important personal decisions are made in ignorance. Military strategy and natural science both depend on ignorance, as (...) do the law and politics—especially inasmuch as the latter requires myths that divide the world into good and evil forces. (shrink)

Guilt is a powerful emotion that is known to influence ethical decision-making. Nevertheless, the role of guilt cognitions in influencing restorative behaviour following an unethical action is not well understood. Guilt cognitions are interrelated beliefs about an individual’s role in a negative event. We experimentally investigate the joint impact of three guilt cognitions—responsibility for a decision, justification for a decision, and foreseeability of consequences—on a taxpayer’s decision to make a tax amnesty disclosure. Tax amnesties encourage delinquent taxpayers to self-correct to (...) avoid severe penalties that would result if their tax evasion were discovered. Our findings suggest a three-way interaction effect such that taxpayers are likely to make tax amnesty disclosures when they foresee that they will be caught by the tax authority, unless they can diffuse responsibility for their evasion and justify their evasion. Implications for tax policy and tax professionals are discussed. (shrink)

Purpose/methods: This study investigated the relationship between ethics education and training, and the use and usefulness of ethics resources, confidence in moral decisions, and moral action/activism through a survey of practicing nurses and social workers from four United States (US) census regions. Findings: The sample (n = 1215) was primarily Caucasian (83%), female (85%), well educated (57% with a master's degree). no ethics education at all was reported by 14% of study participants (8% of social workers had no ethics education, (...) versus 23% of nurses), and only 57% of participants had ethics education in their professional educational program. Those with both professional ethics education and in-service or continuing education were more confident in their moral judgments and more likely to use ethics resources and to take moral action. Social workers had more overall education, more ethics education, and higher confidence and moral action scores, and were more likely to use ethics resources than nurses. Conclusion: Ethics education has a significant positive influence on moral confidence, moral action, and use of ethics resources by nurses and social workers. (shrink)

Bonnie Rochman's first book, The Gene Machine: How Genetic Technologies Are Changing the Way We Have Kids—and the Kids We Have, is an impressive work of science journalism that provides a compelling introduction to some of the most important ethical questions raised by genetic technologies. Written for a general audience, The Gene Machine is a model for how to approach contentious ethical questions with equanimity, compassion, and, most importantly, accurate information. Rochman elucidates the facts, gives voice to the most relevant (...) interested parties, including families and experts, and lets readers draw their own conclusions. There are multiple points of entry for interested ethicists who might want to push... (shrink)

It is good to have Huggard's translation of the Theodicy back in print. This book can find excellent use in philosophy of religion courses which attempt to follow the history of the theodical and predestination problems. Since the Theodicy is not otherwise available, however, the fact that this edition is a fifty percent abridgment is very disappointing. Repetitions and digressions could have been bracketed rather than deleted, and the appendices ought to have been retained since some of Leibniz' most concise (...) and subtle argumentation is contained in them. It is even quite a shame that Farrar's superb introduction in the original English edition was not retained. The situation is further aggravated by the fact that $2.75 is a lot to pay for an abridgment.--E. A. R. (shrink)

On philosophy; transcript of the 1978-1979 Śāradā-vyākhyāna-mālā lecture, under the auspices of Sri Lal Bahadur Shastri Rashtriya Vidyapeeth, New Delhi.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 353-356 [Access article in PDF] Book Review The Metaphysical Club The Metaphysical Club, by Louis Menand; xii & 546 pp. New York: Farrar, Straus and Giroux, 2001, $27.00. "They didn't just want to keep the conversation going; they wanted to get to a better place" (p. 440). So much for the most prominent contemporary pragmatist, Richard Rorty, who remains unmentioned except in the (...) acknowledgments. That better place is participatory democracy (a phrase that does not appear in the book), which "means that everyone is equally in the game, but it also means that no one can opt out" (p. 441). The true name of the game is skeptical tolerance. There are no unquestionable duties or inalienable rights, no immutable natural laws, no absolute moral rules, no highest principles, no inherent virtues, no absolute standards, no stasis, no absolutely certain truth. There are no individual destinies, because the social comes before the individual, and the individual is embedded within and cannot exist without society. Scientific knowledge is always probabilistic, not necessarily because nature is indeterministic, but because we can never know enough to calculate its regularities if they exist. To wit, there are no Platonic Ideas or unchanging universals. All is change, nothing that happens is ever repeated, our general ideas and laws of nature are merely tools for getting along in the world. Above all, ideas do not refer to things, only to other ideas. What expedites our thinking is true. What expedites our acting is right. Whenever we act according to principle, rule, or law, we are making a bet that events will turn out the way [End Page 353] we think they will. If we keep this always in mind, we will never succumb to violence or war in the name of belief or principle. Whatever we believe, it could be otherwise. Such is a general summary of pragmatism as it has filtered down to the textbooks. It is (again befittingly) more or less accurate. The can-do American seeks out cash value in practical life.Oliver Wendell Holmes, Jr., William James, Charles Saunders Pierce, and John Dewey crafted the only indigenous philosophy that has so far been produced in America. Its roots are in Laplacean probability theory, Darwinian evolutionism, and Chauncey Wright's indeterminism. While James hoped to save a place for religion (if it works, go with it) and Pierce a place for God (he thought there had to be a designing intelligence to account for order), the pragmatic result is profoundly skeptical and secular. Neither Holmes nor Dewey thought that individuals imbedded in societies had any need of absolutes. Holmes said that people first decide on the basis of experience, then they deduce. Dewey said that people first behave commonsensically, then they rationalize.There is nothing as condensed as the above in Louis Menand's beautiful book on the ideas, personalities, and influence of Holmes, James, Pierce, and Dewey. I know of no clearer exposition of their ideas, and few biographers have made them come so alive. In particular, Menand's coverage of peripheral (but by no means insignificant) figures is very rich. He describes the development of graduate universities in America in detail from their autocratic beginnings to the institution of academic freedom as we know it today. University presidents, trustees, and administrators are presented luxuriously as the villains, and the professors gloriously as the heroes. Menand remarks with slight amazement that society bought the concept that professors were beholden to the public at large and not to the state or private university owners. He could have commented further on the fact that the concept of academic freedom has become virtually irrelevant in today's corporate research universities."It is a remarkable fact about the United States," Menand begins his book, "that it fought a civil war without undergoing a change in its form of government" (p. ix). This is a breathtaking fact, and I don't suppose Menand had any intent to explain it. "The Civil War swept away the slave civilization of the South, but it swept away almost the whole intellectual... (shrink)

Charlie Croker, a self-made real estate tycoon, ex-Georgia Tech football star, horseback rider, quail-hunter, snakecatcher, and good old boy from Baker county Georgia, is the protagonist in Tom Wolfe’s latest novel, the deliciously provocative A Man in Full (New York: Farrar Straus Giroux, 1998).  In this article I examine the evolving conception of manhood in Wolfe’s novel.  Two different models of manliness will be delineated and compared. The first model—represented by Charlie Croker—gradually weakens and is replaced by (...) the second model—represented by Conrad Hensley. My aim is to show how Stoicism serves to critique the first model and articulate the second.  Stoicism, I argue, provides the deliverance of both Hensley and his convert Croker, while at the same time transforming the conception of manliness explored in A Man in Full. (shrink)

Influence of the fundamentals of Sankhya and Yoga on Indic philosophy; a study.

Concept of Avidyā in the Vedānta philosophy of Śaṅkarācārya; a study.

The crisis of the theory of socioeconomic formations has recently become clearly apparent in our social philosophy. Earlier as well, the "formational" approach, with its presumption that the new order has "decisive advantages," caused perceptible epistemological difficulties associated with the effect of "inverted perspective." It followed from the theory that socialist Mongolia, Vietnam, and Cuba were a "whole epoch" ahead of the USA and other developed countries of the West that had preserved the outmoded capitalist order.

Analytical study of Buddhist psychology.

Study of Yogasūtra of Patañjali with Yogabhāṣya of Vyāsa and philosophy of Osho on Yoga philosophy.

Russkiĭ proekt novoĭ religii -- Istoki novoĭ dukhovnosti -- Bogi Cerebri︠a︡nogo veka -- Religii︠a︡ i revoli︠u︡t︠s︡ii︠a︡ -- Personalii.

Festschrift in honor of S.A. Shaida; contributed research papers.