Medical malpractice has attracted the attention of people and the media all over the world. In Turkey, malpractice cases are tried according to both criminal and civil law. Nurses and midwives in Turkey fulfill important duties in the distribution of health services. The aim of this study was to reveal the legal procedures followed in malpractice allegations and malpractice lawsuits in which nurses and midwives were named as defendants. We reviewed 59 nursing and midwifery lawsuits reported to the Higher Health (...) Council between 1993 and 1998. Health professionals were held liable in 59% of the lawsuits. Midwives had the highest percentage of malpractice liability (52%), followed by physicians (29%) and nurses (19%). To reduce potential liability, nurse education should be improved, a nursing malpractice law should be enacted, and instructions for nursing procedures should be formulated. (shrink)

Göçmenlerin farklı kimliklere sahip olmaları ötekileştirilme deneyimlerini arttırmaktadır. Başka bir deyişle; göçmenlerin farklı kültürel, etnik ya da dini kimliklere ilişkin olarak ötekileştirilmeleri daha olasıdır. Bu önermenin sonucu olarak ötekileştirme, onunla mücadeleyi merkeze alan politikalar tarafından “aşılması olası” ve yapaylığı ima eden bir olgu olarak ele alınmaktadır. Bu çalışma; “öteki”nin varlığını kimliğin oluşumu açısından kaçınılmaz görerek ötekileştirmeyi “olumsuz bir doğal” yapan unsurun sosyal bilişsel bir süreç olan “stereotipleştirme” üzerinden okunması ve çözümün burada aranması gerektiği savını, Henri Tajfel ve John Turner’ın Sosyal (...) Kimlik Teorisini temel alarak günümüzde “öteki” sıfatının atfedildiği göçmenler bağlamında ele almaktadır. İnsanların tarih boyunca doğal, sosyal, politik ve ekonomik sebeplerle başvurduğu göç eyleminin günümüzde yoğun kitlesel hareketliliğe dönüşmesi göçmen kimliğinin görünürlüğünü arttırmış ve bu kimliği küresel ölçekte ötekileştirmenin nesnesi tayin etmiştir. Ötekileştirmenin psikolojik ve politik bileşenlerinin etraflıca tetkiki, söz konusu fenomenin toplumsal çıktılarının ayrıştırıcı etkisini bertaraf edebilmek için bir başlangıç noktasıdır. Bu gaye ile çalışmada ötekileştirme pratiğine farklı bir zaviyeden yaklaşılmış, ötekileştirmeyi toplumsal yaşam açısından olumsuz sonuçlara eviren bilişsel sürecin tespitleri göçmenler üzerinden değerlendirilmiştir. İlgili alanlarda teorik ve ampirik kaynakların taranması neticesinde edinilen bulgularla çalışma, sosyal psikolojik unsurların politik uygulamalara dâhil edilmesine dair yöntemlere ulaşma çabası ve toplumsal bütünlüğün tesis/muhafaza edilmesi için sunduğu politik psikolojik çözümler ile literatüre eklenmeyi hedeflemektedir. (shrink)

Erken dönem tasavvuf tarihinde iki ana akımdan biri olarak kabul edilen Horasan tasavvuf ekolünün şekillenmesinde Hâtim el-Esam (ö.237/851) önemli bir figür olarak karşımıza çıkar. İbrahim b. Edhem (ö.161/778) ve Şakîk-i Belhî (ö.194/810) kanalıyla gelen öğretinin Horasan ve Maveraünnehir genelinde aktarım ve intişarının sağlamasında onun etkin bir rol oynadığı bilinir. Aynı zamanda yetiştirdiği talebeleriyle Melâmetîliğin teşekkülüne katkı sağladığı kabul edilir. Bu makale Hâtim el-Esam’ın entelektüel açıdan kimliği ve ilişkiler ağının tespitine odaklanmaktadır. Herhangi bir akademik çalışmaya konu edilmediği görülen söz konusu odağı, (...) farklı ilmî sahalardan istifade ettiği literatürle erken dönemdeki mesele ve tartışmalardan faydalanarak sunmaya çalışır. Bu itibarla Hâtim el-Esam’ın muhaddis, fakih ve sufi kimliğiyle Horasan ilim havzasının önemli şehirlerinden biri olan Belh’te ilmî faaliyetlerin ve özellikle hadis ilminin sürekliliğine katkı yaptığı ortaya konmuştur. Çok yönlü ilişkiler ağına sahip olduğu tespit edilen Hâtim el-Esam’ın Belh ve Bağdat ulemâsı ile irtibatının dostluk ve irşad eksenli ve aynı zamanda fıkh-ı bâtın vurgulu olduğu görülürken Rey, Kazvin ve Medine-i Münevvere ulemasıyla olan münasebetlerininse eleştiri odaklı olduğu belirlenmiştir. Nebevî mirasa bütünüyle sahip çıkılmamasına ilişkin söz konusu eleştirel münasebet biçimi, erken dönemde sufilerin, biçim-öz bütünlüğünden uzaklaşmaları nedeniyle diğer ilim müntesiplerine yönelttikleri tenkitlerin bir yansıması olarak değerlendirilmiştir. Ayrıca sened analizi yöntemiyle onun sufilerle olan ilişkiler ağına yönelik yeni tespitler ortaya konmuştur. (shrink)

In recent years, and in the current climate crisis, the interest in veganism and sustainable diet/lifestyle has increased. This growing interest can also be seen within academia. Therefore, we set out to systematically document and organize the social psychological literature on veganism and vegan identity to identify where the field currently is, and what we need to do next. Following PRISMA guidelines we identified a data set of 26 academic papers published between 2010 and 2021. Through a thematic analysis of (...) the data, we created four categories of study focus and content: vegans as a disadvantaged/stigmatized group, the role of ideology in negative attitudes toward vegans, the role of moral and ethical beliefs in changing or sustaining dietary preferences, and veganism as a social movement and vegan activism. Our analysis emphasizes issues with merging all non-meat eaters, reduction of veganism into dietary or lifestyle choices neglecting the politicized content and movement, lack of processes underlying emergence and endurance of veganism, and decontextualization of vegan identity. What is needed is a more fine-grained exploration that addresses the identified issues to account for the content of vegan identity. This would expand, for example, the motives literature to include and emphasize intersectionality in a vegan identity context. Specifically, to facilitate a more sustainable lifestyle, the content of social dimensions needs to be qualitatively explored. (shrink)

This study aims to compare the hafiz training in imam hatip secondary schools and the hafiz training processes carried out in the Qur'an courses affiliated to the Presidency of Religious Affairs, based on student views, within the scope of the "Hafiz Project with Formal Education in Imam Hatip Secondary Schools", which is currently being implemented. The model of the study, which is based on the quantitative research method, is the comparative relational survey model, which is based on determining the relationship (...) between two or more variables and the presence or degree of change. The universe of the research is four imam hatip secondary schools and four Qur'an courses located in the European side of Istanbul, and the sample is 160 students who receive hafiz training in these institutions. In the research, first of all, hafiz education and its development in the historical process are included. Then, the data obtained as a result of the questionnaires applied to the participant students within the scope of the research were analyzed according to the institution and gender variable. In this context, the students' views on the hafiz process, the hafiz training together with the formal education, the post hafiz process, the hafiz teachers and the physical opportunities in the hafiz process were consulted, and the significant differences between the relevant views were determined and evaluated. As a result of the study, especially in terms of gender variable, significant differences were found in subjects such as memorization, other occupations in the hafiz process, teachers' understanding of education, and the desire to quit memorization. (shrink)

Abstract in English, German, French and Croatian -/- In the paper “The ‘Bubbling Up’ of Subterranean Politics in Europe”, which was published in 2013 in the Journal of Civil Society, Mary Kaldor and Sabine Selchow attempted to reveal the specific qualities of the uprisings which emerged after the year 2010 in some European countries, such as Germany, Spain, Italy, England etc. According to the authors, the mode of organization which forms the main body of these emancipatory movements obtains its basic (...) logic from the world of the Internet. The use of the Internet requires a re-evaluation of negative philosophical commentary regarding technology. In the context of twentieth-century philosophy, Martin Heidegger and Herbert Marcuse are the most influential philosophers who studied the negative aspects of technology. Heidegger portrayed the destructive effects of scientific reasoning and technology on the Western culture through the criticism of the traditional Western metaphysics on a phenomenological-ontological level. Marcuse, belonging to the tradition of Western Marxism, formed his critique of technology in the context of the concept of instrumental rationality and the critique of advanced industrial society and capitalism. Although the starting points of their perspectives on technology and the underlying purposes of their critiques of technology were different, it may be asserted that both have a rather negative and almost entirely pessimistic disposition towards technology. Heidegger’s and Marcuse’s criticisms of technology will be discussed in this context and the differences and similarities between these criticisms will be shown. Finally, the paper will emphasise the question of the possibility of a positive role of technology. Technology can serve as an alternative to negative uses by shedding light on the relation between the current uprisings and the Internet. Keywords technology, rationality, freedom, enframing, criticism, revolt movements, Internet, politics //////////////////////////////////////////////////////////////////////////////////////////////////// /////// Ist die Emanzipation des Menschen durch Technologie möglich? Zusammenfassung In dem Artikel „The ‘Bubbling Up’ of Subterranean Politics in Europe”, veröffentlicht im Jahre 2013 im Journal of Civil Society, versuchten Mary Kaldor und Sabine Selchow die spezifischen Qualitäten der Aufstände zum Ausdruck zu bringen, die nach 2010 in den europäischen Ländern ausbrachen – Deutschland, Spanien, Italien, England usw. Nach Ansicht der Autoren erhält der Modus der Organisation, der den Hauptkörper dieser emanzipatorischen Bewegungen bildet, seine grundlegende Logik aus der Welt des Internets. Die Analogie mit dem Internet erfor- dert eine Neubewertung der negativen Kommentare über die Technologie aus philosophischer Perspektive. Martin Heidegger und Herbert Marcuse sind die einflussreichsten Philosophen, die sich mit den negativen Aspekten der Technologie in der Philosophie des 20. Jahrhunderts befasst haben. Heidegger schilderte die zerstörerischen Auswirkungen der wissenschaftlichen Vernunft und Technologie auf die westliche Kultur durch die Kritik an der traditionellen abend- ländischen Metaphysik auf der phänomenologisch-ontologischen Ebene, während Marcuse, ein Mitglied des westlichen Marxismus, seine Kritik an der Technologie im Rahmen des Konzepts der instrumentellen Rationalität und der Kritik der fortgeschrittenen Industriegesellschaft und Kapitalismus geformt hat. Obgleich die Ansatzpunkte ihrer Perspektiven über die Technologie und die zugrunde liegenden Zwecke ihrer Kritik an der Technologie unterschiedlich waren, kann behauptet werden, dass beide eine eher negative und fast völlig pessimistische Einstellung zur Technologie hatten. In diesem Zusammenhang werden Heideggers und Marcuses Kritiken an der Technologie diskutiert sowie Unterschiede und Ähnlichkeiten zwischen den beiden Kri- tiken aufgezeigt. Abschließend unterstreicht das Paper die Frage nach der Möglichkeit einer positiven Rolle für die Technologie, die als Alternative zur negativen Perspektive dienen kann, indem sie Licht in das Verhältnis zwischen aktuellen Aufständen und Internet bringt. Schlüsselwörter Technologie, Rationalität, Freiheit, Gestell, Kritik, Revoltebewegungen, Internet, Politik //////////////////////////////////////////////////////////////////////////////////////////////////// /////// L’émancipation humaine est-elle possible à travers la technologie ? Résumé Dans l’article « The “Bubbling Up” of Suberranean Politics in Europe » publié en 2013 dans Journal of Civil Society, Mary Kaldor et Sabine Selchow tentent de mettre en lumière les caractéristiques spécifiques des révoltes qui ont fait jour après 2010 dans certains pays européens – Allemagne, Espagne, Italie, Angleterre, etc. Selon nos auteures, le mode d’organisation qui a formé le corps essentiel de ces mouvements émancipatoires tire sa logique de base du monde de l’internet. Cette analogie avec l’internet requiert une réévaluation, à partir d’un point de vue philosophique, des commentaires négatifs sur la technologie. Martin Heidegger et Herbert Marcuse sont les philosophes les plus influents ayant travaillé sur les aspects négatifs de la technologie au sein de la philosophie du XXe siècle. Heidegger a dépeint les effets destructeurs de la raison scientifique et de la technologie de notre culture occidentale à travers son criticisme de la métaphysique traditionnelle occidentale à un niveau phénoménologico-ontologique, tandis que Marcuse, membre du « communisme occidentale », a formé une critique de la technologie au sein du concept de rationalité instrumentale et une critique de la société industrielle avancée et du capitalisme. Bien que le point de départ de leur perspective sur la technologie et que le but sous-jacent de leur critique diffèrent, il est possible d’affirmer que leur point commun est d’avoir posé un regard négatif et presque entièrement pessimiste sur la technologie. À cet égard, le criticisme d’Heidegger et de Marcuse vont être abordés afin d’en soulever les différences et les similarités. Enfin, cet article mettra l’accent sur la possibilité d’un rôle positif de la technologie qui pourrait servir d’alternative aux perspectives négatives en faisant la lumière sur le lien entre les révoltes actuelles et l’internet. Mots-clés technologie, rationalité, liberté, mettre en forme, criticisme, mouvements de révolte, internet, politique //////////////////////////////////////////////////////////////////////////////////////////////////// /////// Je li moguća ljudska emancipacija kroz tehniku? Sažetak U članku »The ‘Bubbling Up’ of Subterranean Politics in Europe«, objavljenom 2013. u časopisu Journal of Civil Society, Mary Kaldor i Sabine Selchow pokušale su otkriti specifične značajke pobuna koje su se javila nakon 2010. godine u europskim zemljama poput Njemačke, Španjolske, Italije, Engleske itd. Prema autoricama, način organiziranja koji čini glavno tijelo ovih emancipatornih pokreta preuzima svoju osnovnu logiku iz svijeta Interneta. Analogija s Internetom zahtijeva ponovnu evaluaciju negativnih komentara o tehnici iz filozofske perspektive. Martin Heidegger i Herbert Marcuse najutjecajniji su filozofi 20. stoljeća koji su se bavili negativnim aspektima tehnike. Heidegger je prikazao destruktivne učinke znanstvene racionalnosti i tehnike na zapadnu kulturu kroz kritiku tradicionalne zapadne metafizike na fenomenološko-ontološkoj razini, dok je Marcuse, kao predstavnik zapadnoga marksizma, oblikovao svoju kritiku tehnike u kontekstu pojma instrumentalne racionalnosti te kritike razvijenog industrijskog društva i kapitalizma. Iako su polazišne točke njihovih pogleda na tehniku, kao i osnovne svrhe kritike tehnike, različite, može se reći da obojica imaju poprilično negativno i gotovo u potpunosti pesimističko shvaćanje tehnologije. U tom će se kontekstu razmotriti Heideggerova i Marcuseova kritika tehnike kao i razlike i sličnosti između tih dvaju pristupa. Zaključno će rad naglasiti mogućnost pozitivne uloge tehnike, koja može služiti kao alternativa negativnoj perspektivi osvjetljavajući odnos između nedavnih pobuna i interneta. Ključne riječi tehnologija, racionalnost, sloboda, postav, kritika, pobunjenički pokreti, Internet, politika. (shrink)

INTRODUCTION[|]The practice of medicine has evolved from old approach, in which all decisions for the patient are taken by physician, to a new approach, which includes patients to the medical decision-making process and endorses informed consent of the patients. In addition to healthcare professionals and patients, parents or legal representatives are stakeholders in the informed consent process of children. The knowledge and attitudes of physicians and medical school students about the informed consent period in children are important for the effectiveness (...) of the medical intervention and the biopsychosocial development of children. In this study, it was aimed to understand involvement of medical students and physicians in the informed consent process of children and their level of knowledge on children's rights and their attitudes in daily clinical practice.[¤]METHODS[|]The study is a descriptive study and n = 150 participants, who were randomly selected from senior medical school students working in medical school campus or university hospital and physicians serving pediatric patients, were included to this study. Questionnaires were applied for the measurement of participants' socio-demographic characteristics, education on pediatric patient rights, and legal provisions. The data were evaluated using SPSS 20.00 software.[¤]RESULTS[|]Of participants, 62% (n = 93) were phase 6 medical students, while 29.33% (n = 44) were resident physicians and the rest were faculty members (8.67%; n = 13). The proportion of physicians, who didn't received training on child rights, was 80.7% (n = 46) and statistically significantly higher than medical students (49.45%; n = 45) (p <0.001). However, participants who were not educated about the children's rights stated with higher ratio (44.83%; n=65), that informed consent should be obtained before medical intervention from individuals under 18 years of age, when they are compared to the the participants who received education (20.69%; n=30) (p = 0,019). The majority of participants (59.5%; n = 88) find the intervention in individuals under the age of 18 years in emergencies without consent of legal representatives ethically and legally appropriate (p <0.001). The participants believe that it is ethically and legally appropriate to conduct an intervention on an individual under the age of 18 years without the legal representative (36. 7%; n=54) (p <0.001).[¤]DISCUSSION AND CONCLUSION[|]This study compared the levels of knowledge and attitudes of participants, who were previously trained in or didn't received any training about children's rights and informed consent of children. However, the quality of the training of the participants on children's rights, was not questioned. This study showed that education on children's rights does not significantly increase the level of legal knowledge on children's rights. Having well-designed a subject focused on this theme in medical deontology and ethics education can increase the knowledge levels and improve the attitudes of medical students. This study sheds light on the issues that need to be focused in the medical faculties and the trainings of physicians and showed lack of information and need for development of attitudes regarding children's rights and informed consent in children.[¤]. (shrink)

Purpose The manner in which people, businesses and governments perform is changing because of the spread of technology. Digitalization of governments can be considered a necessity as we are now entering the era of the Internet-of-Things. The advantages and disadvantages of electronic governments have been examined in several research studies. This study aims to examine the attitudes of decision-makers towards e-government. The research aims are as follows: to determine the problems related with e-government usage, to establish the factors which decrease (...) the usage of e-government services and to propose recommendations for the effective application of e-government practices. Design/methodology/approach Qualitative research has been used for the study. Participants were chosen by the snowball sampling method, and face-to-face in-depth interviews were conducted with all decision-makers. In-depth interviews are more efficient and enable the acquisition of better qualitative information, in-depth knowledge and statistics, as the distance between the interviewer and interviewee is reduced. Questions asked can be categorized under two sections, where the questions in the first section are related to the decision-maker’s management style/managerial proposition, and in the second section, technological questions are asked in terms of the preferred communication method and the decision-makers’ attitudes towards e-government practices. Findings Decision-makers perceive electronic government to be important, while the level of importance is observed to be different among the decision-makers. Chronic problems exist in many countries, such as nepotism, where the decision-makers have conflicting arguments about e-government and the resulting effect on nepotism. Furthermore, the study also indicates that decision-makers are aware of the importance of mobile government, although they acknowledge that more time is required, as their country is still developing. Electronic voting is also perceived to be important, although the decision-makers believe that security and privacy issues need to be solved before related projects can be initiated. Originality/value This research can be a benchmark study for the decision-makers of small island developing states by means of e-government. The impediments preventing the effective application of e-government practices are also discussed in the study. This study will be useful to highlight the triggers and obstacles for e-government development in the context of a developing country. Internet penetration has increased significantly since the 2000s, and therefore, decision-makers need to consider the shift in citizens’ behaviour, such as the high usage of smartphones and the emergence of the Internet-of-Things. (shrink)

The political debate in Western polyarchies readily points to a «Parteienstaat», «particrazia», or particracy. Empirical verification, however, is by far more difficult to carry out, though it is a descriptive necessity for further analysis of this phenomenon.An initial attempt to detect the particraties in Western Europe has been performed and revealed two particracies : Belgium and Italy. Other polyarchies have either the cabinet or the president as the most influential actor, an,d some seem to have a real concurrence of approximately (...) equivalent actors. The reliability of this first attempt, however, must be improved. (shrink)

We are witnessing increasing use of the Internet, particular social media, to criticize (perceived or actual) moral failings and misdemeanors. This phenomenon of so-called ‘online public shaming’ could provide a powerful tool for reinforcing valuable social norms. But it also threatens unwarranted and severe punishments meted out by online mobs. This paper analyses the dangers associated with the informal enforcement of norms, drawing on Locke, but also highlights its promise, drawing on recent discussions of social norms. We then consider two (...) crucial conditions that online public shaming must meet in order to be justifiable: proportionality and accountability. We argue that these requirements are in fact frequently violated, rendering most cases of online public shaming unjustified. While the use of online public shaming against others’ vices has some apparent virtues, it is currently rarely justified, given its own vices. (shrink)

The idea that victims of social injustice who commit crimes ought not to be subject to punishment has attracted serious attention in recent legal and political philosophy. R. A. Duff has argued, for example, a states that perpetrates social injustice lacks the standing to punish victims of such injustice who commit crimes. A crucial premiss in his argument concerns the fact that when courts in liberal society mete out legitimate criminal punishments, they are conceived as acting in the name (...) of all citizens—on behalf of the whole political community. Resisting this premiss, Peter Chau has suggested that courts ought to be conceived as acting only in the name of “just citizens”: citizens who cannot be plausibly seen as having contributed to distributive injustice. When conceived in this way, Chau argues, courts can no longer plausibly be regarded as lacking standing to punish. This article uses the debate between Duff and Chau to explain why the question of whether to punish socially deprived offenders can only be answered adequately when connected to broader concerns of democratic theory. Specifically, it argues that Chau’s proposal is not available within the context of the kind of political community upon which (Duff rightly believes) a system of liberal criminal law depends for its justification and maintenance: a community in which citizens see the law as embodying shared norms whose specific demands they disagree about. State officials are morally permitted to see themselves as acting on behalf of a subset of the citizenry, I argue, only in circumstances of democratic crisis : circumstances in which a moral community can no longer be plausibly said to exist. (shrink)

In April 2018, the International Association of Athletics Federations released new regulations placing a ceiling on women athletes’ natural testosterone levels to “ensure fair and meaningful competition.” The regulations revise previous ones with the same intent. They require women with higher natural levels of testosterone and androgen sensitivity who compete in a set of “restricted” events to lower their testosterone levels to below a designated threshold. If they do not lower their testosterone, women may compete in the male category, in (...) an intersex category, at the national level, or in unrestricted events. Women may also challenge the regulation, whether or not they have lowered their testosterone, or quit sport. Irrespective of IAAF’s stated aims, the options forced by the new regulations are impossible choices. They violate dignity, threaten privacy, and mete out both suspicion and judgement on the sex and gender identity of the athletes regulated. (shrink)

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out (...) of it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

What is the relation of epistemology, understood as the study of the evaluation of knowledge claims, and empirical psychology, understood as the study of the causal generation of a person's beliefs? Quine maintains that the relation is one of “mutual containment”.Epistemology in its new setting, conversely, is contained in natural science, as a chapter of psychology. … We are studying how the human subject of our study posits bodies and projects his physics from his data, and we appreciate that our (...) position in the world is just like his. Our very epistemological enterprise, therefore, and the psychology wherein it is a component chapter, and the whole of natural science wherein psychology is a component book—all this is our own construction or projection from stimulations like those we were meting out to our epistemological subject. There is thus reciprocal containment, though containment in different senses: epistemology in natural science and natural science in epistemology. (shrink)

When it comes to the question of how much the state ought to punish a given offender, the standard understanding of the desert theory for centuries has been that it should give him a penalty proportionate to his offense, that is, an amount of punishment that fits the severity of his crime. In this article, part of a special issue on the geometry of desert, we maintain that a desert theorist is not conceptually or otherwise required to hold a proportionality (...) requirement. We show that there is logical space for at least two other, non-proportionate ways of meting out deserved penalties, and we also argue that they have important advantages relative to the dominant, proportionality approach. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Norms, Conventions, and PsychopathsNeil Levy (bio)Keywordspsychopathy, morality, conventions, responsibilityI am grateful to my commentators for their provocative challenges to my claim that psychopaths ought to be excused moral responsibility for their wrongdoing owing to their (alleged) failure to grasp the moral/conventional distinction. I have learned from all the commentators—now, and in some cases in the past as well—and I am sincerely honored by their having taken my work seriously (...) enough to comment on it, even if only to take issue with it. In what follows, I shall attempt to reply to their main criticisms. As will shortly become clear, I do not here have the space for anything like adequate responses. Instead, I shall have to content myself with programmatic statements of how such responses might go. Let me admit at the outset that until the details of these responses are fully worked out, and the relevant empirical research conduced, I cannot be sure that the responses will succeed. Nevertheless, there are grounds for confidence, given the available data.Because there is some overlap between the criticisms, I shall address some of them—those of Blair, Nichols, and Vargas—by topic rather than by commentator, before turning to Mullen and Matravers.Is the Ability to Understand the Moral/Conventional Distinction a Necessary Condition of Aptness for Moral Responsibility?Blair, as well as Vargas and Nichols, suggests that an agent's knowing that an action is against the rules might be sufficient to ground responsibility for performing that action, even if the agent lacks the ability to draw the moral/conventional distinction. As Blair points out, we do not reserve blame only for those who violate moral rules. Blame, and sometimes punishments, are also meted out to those who violate merely conventional norms. Because psychopaths can understand conventional norms perfectly well, they may therefore seem to be appropriate targets of at least some kind of moral blame.But is it really the case that agents are (ever) blameworthy for violating conventional norms alone? Many philosophers, for instance when considering the morality of civil disobedience, have argued that conventional norms are typically backed by second-order moral norms. Hence, for many or all conventional norms, there is a (defeasible) moral obligation not to violate that norm, an obligation independent of the content of the conventional norm; it is because there are such second-order moral obligations that agents are blameworthy for violating conventional norms. [End Page 163] But if this is the case, then the fact that we sometimes blame agents for violating conventional norms is not evidence against the claim that the ability to grasp moral norms is a necessary condition of blameworthiness. There is no reason to think that psychopaths will find it any easier to grasp second-order moral norms than first-order (of course, they may understand that there are such things as second-order norms—norms concerning norms—but for them such norms will only be conventional). In fact, it might be more difficult to understand the moral force of second-order moral norms than first, inasmuch as the harms caused by violating such norms are emotional and not physical. Normal subjects invest (some) conventional norms with moral significance, and it is for this reason that we regard violations of such norms as apt to give rise to blame; lacking the ability to draw the moral/conventional distinction, psychopaths cannot invest such norms with moral significance. Once again, for them these norms are merely conventional, and they therefore fail to grasp the full significance of violating them.It might be objected that if conventional transgressions are (sometimes) backed up by second-order moral norms, children would not classify them as neatly as they do. They would misclassify some conventional norms as moral, insofar as they are backed up by second-order moral norms. They would therefore deny that violations of conventions are permissible on the say-so of an authority. There are two possible explanations of children's classifications, compatible with the suggestion that some conventions are backed by second-order moral norms. First, it may be that greater cognitive sophistication is required to grasp second-order moral norms than... (shrink)

Occupy Wall Street is best understood, I would suggest, as a new form of political as opposed to civil disobedience that fundamentally rejects the political and ideological landscape that has dominated our collective imagination in this country since before the cold war. Civil disobedience accepts the legitimacy of the political structure and of our political institutions but resists the moral authority of the resulting laws. It is “civil” in its disobedience—civil in the etymological sense of taking place within a shared (...) political community, within the classical Latin framework of civilitas, within an art of civil government. Civil disobedience accepts the verdict and condemnation that the civilly disobedient bring upon themselves. It respects the legal norm at the very moment of resistance and places itself under the sanction of that norm. If it resists the legal sanction that it itself entails, it is, in effect, no longer truly civil disobedience. As Martin Luther King, Jr. wrote in “Letter from Birmingham City Jail,” “an individual who breaks a law that conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law.” Civil disobedience does not aim to displace the law-making institutions or the structure of legal governance but rather to challenge the governing laws by demonstrating their injustice.Political disobedience, by contrast, resists the very way in which we are governed. It rejects the idea of honoring or expressing the “highest respect for law.” It refuses to willingly accept the sanctions meted out by the legal and political system. It challenges the conventional way that political governance takes place, that laws are enforced. It turns its back on the political institutions and actors who govern us all. It resists the structure of partisan politics, the traditional demand for policy reforms, the call for party identification, and, beyond that, the very ideologies that have dominated the postwar period. (shrink)

The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...) it.” Against these common positions, this chapter argues that compensation should be subordinate to reconstruction, with resources going where they are most needed and can do the most good, rather than to the most aggrieved. Just punishment, meanwhile, presupposes just multilateral institutions – the victor cannot be trusted to mete out punishment fairly. And just interveners, who have already taken on such a heavy burden, are entitled to expect the international community to contribute to reconstruction after they have made the first and vital steps. After presenting each of these objections in greater depth, the chapter proceeds to draw some tentative inferences from the threads running through each, and suggest that they illustrate a distinctive flaw in the way in which jus post bellum is addressed by many just war theorists, who not only see the war as the grounds of post bellum duties, but also take it to specify their content: Specifically, they take the rights violations with which wars are imbued to be the basis for post-war action, but take the content of post-war duties to be focused on rectifying those rights violations, rather than the more forward-looking goal of establishing a lasting peace. This backward-looking orientation unduly confines these theorists to making attributions of fault, to a limited palette of normative concepts, and to a focus on the belligerents rather than the international community as a whole. Undoubtedly warfare creates a distinctive normative relationship between belligerent states (though we must question how much of this devolves to the citizens of those states). War does generate grounds for post-war duties – but there are other grounds for those duties too, moreover the grounds should not determine the content. It of course matters that the citizens of two states harmed one another in violation of their rights. But when the war is done, peacebuilding should be the priority, not raking over the wrongs of both sides. Sections 2–4 present the objections, Section 5 offers the tentative analysis and proposes a shift in focus toward an ethics of peacebuilding, and Section 6 concludes. (shrink)

When denial of medical treatment is being used as a lever to move people out of the country, ethicists and healthcare professionals should speak out.An ugly feature of political life throughout the Western world, and beyond, is the suspicion towards, and maltreatment of, migrants from poor to rich countries. People who would otherwise be horrified at being labelled racist nevertheless find it acceptable to support practices which can range from stigmatisation to confinement in brutalising conditions in “reception” and “removal” centres.1–5An (...) hour spent searching through government and NGO websites concerned with the treatment of asylum seekers and refugees in developed world countries is an hour well spent – but profoundly depressing. This is not only because of the frankly Orwellian language used by the governments of the UK and Australia , or because of the conditions and treatment meted out, but also because of the apparent support these practices have among the voting public. In the pointedly optimistic reports of Her Majesty’s Inspector of Prisons, for example, one can find praise for the fact …. (shrink)

International in scope and featuring a diverse group of contributors, The Borders of Justice investigates the complexities of transitional justice that emerge from its “social embeddedness.” This original and provocative collection of essays, which stem from a collective research program on social justice undertaken by the Calcutta Research Group, confronts the concept and practices of justice. The editors and contributors question the relationship between geography, methodology, and justice—how and why justice is meted out differently in different places. Expanding on Michael (...) Walzer's idea of the “spheres of justice,” the contributors argue that justice is burdened with our notions of social realities and expectations, in addition to the influence of money, law, and government. Chapters provide close readings of Pascal, Plato and Marx, theories on global justice, the relationship between liberalism and multiculturalism, struggles of social injustice, and how and where we draw the borders of justice. (shrink)

Every religion offers both hope and fear. They offer hope in virtue of the benefits promised to adherents, and fear in virtue of costs incurred by adversaries. In traditional Christianity, the costs incurred are expressed in terms of the doctrine of hell, according to which each person consigned to hell receives the same infinite punishment. This strong view of hell involves four distinct theses. First, it maintains that those in hell exist forever in that state (the Existence Thesis) and that (...) at least some human persons will end up in hell (the Anti-Universalism Thesis). Once in hell, there is no possibility of escape (the No Escape Thesis), and the justification of and purpose for hell is to mete out punishment to those whose earthly lives and character deserve it (the Retribution Thesis). (shrink)

If it is so obvious that international participants should share in the spoils of research profits, why isn’t it equally obvious that participants who share nationality with the researchers should do so as well? I argue that if one believes that some form of benefit-sharing is morally obligatory in research conducted in developing countries, it is very hard to escape the conclusion that it should at least in some circumstances be thought equally obligatory in research conducted within the borders of (...) developed countries. I show that untenable assumptions about solidarity and altruism within developed countries are relied upon to deny fair treatment to research participants in developed countries — treatment that would be considered exploitative if meted out to citizens in developing countries. (shrink)

«All’interno di un genere umano ancora proteiforme e in divenire, sempre più persone percepiscono che cosa si stia preparando; la loro percezione cresce di giorno in giorno, e la conoscenza della crisi richiama in loro la sola controforza che può riuscire a elevare essi stessi a “signori” attraverso nuove mete, mete grandi e chiare, imponendosi su tali sediziosi mezzi. Questa controforza è quella che io chiamo il nuovo Umanesimo della fede ».

The article looks into the recent magisterium of the Church on the death penalty and deems it an instance of the development of doctrine rather than a circumstantiated reaction. It then dwells on the thinking that constitutes the backbone of the Encyclical Evangelium Vitae and compares and contrasts it with the various pronouncements of the teaching office of the Church, and with the two editions of the Cathechism of the Catholic Church. When one carefully examines the issue, human dignity and (...) its consequent human rights - among which one must mention the inalienable right to life - emerge as the hermeneutical cog of the problem. Together with the personalistic views of Vatican II, such a hermeneutic asks for a rethinking of the ethical norms in penal law which, in a clearer and more definitive way - per se, and not simply per accidens -, must then declare the moral implausibility of death whenever it is meted out as punishment. A death inflicted on someone else can only be justified within the strict and rigorous condition of legitimate self-defence. (shrink)

This article assembles reasons for holding that the propaedeutic rationale for much of the discourse produced by ‘ethogenic science’ is inadequate. One reason is that the interactional principles that are the pretext for assembling the situational vignettes, which are the staple of ethogenics, are truisms and do not require documentation. Our familiarity with the risks and rewards of social life is already considerable and it is not clear how, or to what end, ethogenic science can augment them. Moreover ethogenic theorists (...) do not explain how a discipline that eschews experiment and causal inquiry can transcend the understanding of the subject and how, if it does not, it can do more than provide perspicuous views of the social facts and practices already known, or at least within reach of unspecialized observation. The programme of uncovering the mechanisms by which we register and evince our social standing is not one of which we are given a coherent account and is, in any case, not to be served by multiplying examples of how respect and contempt are merited or meted out. It is suggested that the need such discourse surreptiously meets is that of an autonomous craving for Wittgensteinian Übersichten - overviews - of the vicissitudes of social existence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Theater of Nature: Jean Bodin and Renaissance Science by Ann BlairPeter DearAnn Blair. The Theater of Nature: Jean Bodin and Renaissance Science. Princeton: Princeton University Press, 1997. Pp. xiv + 382. Cloth, $45.00.Jean Bodin’s Universae naturae theatrum (1596) is the least celebrated of all the major publications by this outstanding figure of the French renaissance. It lacks the apparent political, historiographical, and philosophical relevance of Bodin’s well-known (...) earlier works (the Methodus ad facilem historiarum cognitionem of 1566, Les six livres de la République of 1576, and De la démonomanie des sorciers of 1580, all receiving much more attention then as now). Ann Blair focuses our attention on the Theatrum, as a text whose significance for her book exists on at least three interrelated levels: there is its relation to Bodin’s views in the more famous texts; its advantage as a treatise on natural philosophy about whose author we know much more (intellectually) than those of most such works; and in connection with the last, there is above all its value as a distinguished representative of a genre of natural philosophical writings that was prominent in the late sixteenth and early seventeenth centuries.It is the third consideration that motivates Blair’s book most centrally. She declares her wish to enrich our view of the history of science with works, like the Theatrum, that were not made by subsequently regarded stars such as Galileo or Descartes; the very typicality of its genre makes the Theatrum, she argues, a valuable window on contemporary understandings of what natural knowledge was and should be about. Bodin’s enterprise possessed a religious core: natural philosophy was for him a tool to be used in shoring up broadly irenical positions (of the kind associated with the Colloquium heptaplomeres, usually attributed, as here, to Bodin). This kind of “natural theology” avant la lettre characterized a good number of different thinkers and writers on natural philosophy in this period, many of them German (besides their discussion here, Blair is considering such people, and their project of pia philosophia, more fully in her current work). It is a subject that, more than anything, stands at the heart of her study.Bodin, rather conventionally, tried to establish a close liaison between natural philosophy and religious knowledge—that is, between those things to be inferred from experience of the natural world and the central dogmas of faith. Less conventionally, he attempted to demonstrate on occasion truths that were far from orthodox. Regardless of whether Bodin was “really” a Catholic or a Protestant (and Blair observes the great interest in the Theatrum shown by German Calvinists in the first few decades after its original publication), his general religious stance was one of accommodation. Thus good philosophizing could demonstrate (in the weak, rhetorical sense of that term) such doctrines as the existence and providence of God; contentious issues, such as the correct interpretation of the Eucharist, were left aside. Nonetheless, Bodin also argued, at such length and with such vigor as to have the propositions condemned by the Catholic church, that human souls and angels (as well as, more usually, demons) were corporeal beings. The importance to Bodin of this position stemmed from its sociopolitical implications: in particular, if human souls were incorporeal, it became unclear how rewards and punishments—necessary sanctions for restoring the social order threatened by the Wars of Religion—could be meted out after death. Curiously, such a view seems to imply that pleasure and pain are inextricably connected to bodies alone. [End Page 363]Among the historiographical strands informing Blair’s approach is recent literature on the “history of the book,” best known through the work of Roger Chartier. Accordingly, Blair discusses the vicissitudes of production of Bodin’s book in its various editions and emissions, and carefully considers, along with the likely reading practices by the aid of which Bodin came to compose it, the various uses to which its first readers put it. Her major interpretive trope is that of the commonplace book. While acknowledging the lack of direct material evidence for Bodin’s use of such a technique as his chief means of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:NOTE ON THE IDEA OF RELJ!GIOUS TRUTH IN THE CHRISTIAN TRADITION HE FOLOWING PAGES claim to be no more than provisional attempt to define a problem of considerble complexity within the Christian tradition. In this introductory note I shall meTely outline how the notion of the truth conveyed by faith soon,after it was established in the New Testament, developed a synthesis with Greek philosophy, at first Platonic, later Aristotelian. (...) In the nominalist crisis this synthesis broke down and two modes of " religious truth " emerged: one within faith with relatively little support from reason, and one of faith within a philosophy henceforth detaiched from theology. Since the nineteenth century we notice that philosophy and theology are moving towards a rapprochement while maintaining their relative aiutonomy. Philosophy appears more inclined to accept religious truth on its own terms without reducing it to an unsuccessful formulation of truth as defined in modern philosophy from Descartes to Kant. Theology, from its side, has increasingly stressed the unique experience implied in faith itself, thus allowing philosophy to include it in its own, general reflection on experience. In a more comprehensive study, to appear in a collective work edited by Daniel Guerriere, I intend to review actual and possible overtures in recent philosophical theories of truth which would rendeT such a rappmchement fruitful. First a word about the biblical context in which the New Testament idea emerged. The earliest articulation of truth in the Bible basically consists in a relation of faithfulness (emet) or :firmness-1a moral quality. Not surprisingly, truth also appears as a correspondence between word and fact-a relation that even to the uncritical mind appears problematic from the start. Thus in Prov1 erbs rn, 17 we read: " He who utters the truth affirms that which will stand; but a lying witness that 499 500 LOUIS DUPRE which will bring dis1a.ppointment." 1 But the more fundamental truth consists in God's steadfastness toward his people and in their participation in it by fidelity to a divinely revealed law.2 In some of the Psalms (such as Ps. 119) the correlation between the law and truth appears particulady clear: the law reveals to us God's fidelity (His truth) and its observance enables us to share in that 3 With the idea that truth requires entrusting one-self to a higher authority, a cognitive quality joins the moml one. We remain in the truth to the extent that we heed the revelation of God's truthfulness as expressed in His commands, and that our deeds, values and attitudes correspond to that divine disclosure. The idea of correspondence, then, which came to dominate the later cognitive discussion started out as a morral-practical one. The same could be said about the idea of coherence. Trust in God's providence and obedience in the Covenant unite all aspects of communal and individual exfatence. The sapiential literature in particular stresses the harmony of a life guided the law. The emphasis upon trust, obedience, and receptivity in the attainment of truth distinguishes the biblical conception from that modem one according to which truth originates in the knowing subject.4 Yet more and more tihe idea of truth as disclosure, that 1 Of course, some of the olcler wisdom literature appears to have consisted of a series of maxims considered useful for promoting a career in Court administration -a relatively" secular" affair. 2 Martin Buber identified the original meaning of faith as steadfastnesseven more than trust in a person. He sees this symbolically represented in the story of Moses' prayer during the battle with Abimelek. As long as his hands remained steady Israel retained the upper hand, but the hands of faith always grow weak and need support. a Ignace de la Potterie relates truth and law in a causal way. "La verite est un concept plus large, plus enveloppant; elle clesigne la r·ev·elation meme de la volonte divine et du mystere de Dieu; par contre la loi, les commanclements, les paroles de Dien, sont autant cl'expressions concretes de la volonte divine." La verite dans Saint Jean (Rome: Biblical Institute Press, 1977), p. 152. 4 Even when revived in the Reformation the older... (shrink)

Question: In Islamic philosophy, Active Intellect is Peripatetic tenth intellect. Also in Peripatetic epistemology, Potential human intellect, acts by unification or conjunction with active (agent) intellect. This intellective thrust has a wielder and more attractive role in Illuminative wisdom. Meted: The research methodology based on tradition Comparative studies to analyze and adapt votes Gazi Saeed Qummi and votes illuminated Suhrawardi.Results:1- Human’s archetype adjust with Gabriel, in religions and Active (agent) Intellect in Illuminative wisdom. 2-Human’s archetype appears as “perfect nature” format (...) during personal relation to every special individual.3 and also explains relation between Emam and believer in shiaa’s idea. (shrink)

What if someone asked you to keep a four-kilometer-long ruler absolutely still so that you could measure deformations of length of ~1x10^-18m using light? On September 14, 2015, physicists and engineers at the Laser Interferometer Gravitational-Wave Observatory (LIGO) accomplished this absurd feat when they first detected gravitational wave signals—the result of the most violent events in our universe, such as the collision of two black holes—using two immense L-shaped instruments with arms four-kilometers in length and placed in what seemed to (...) be the middle of nowhere. -/- The focus of this dissertation centers on how scientists must have an intricate understanding of the environment surrounding LIGO’s instruments to understand the vast and active universe through the detection of gravitational waves. I explore how LIGO physicists and engineers constructed stillness to distinguish the surrounding natural and built environment from gravitational wave signals. I explore how the pre-LIGO and LIGO laboratory spaces became an expanded laboratory extending as an overlay into the surrounding environment and beyond. I show that the metes and bounds of the expanded laboratory are defined by what the interferometers are sensitive to. I further explore how physicists, engineers, and data scientists theorized an experiment that required such an extreme sensitivity (i.e., imagining stillness), developed methods to investigate, understand, and abate noise, disturbances, and aberrations (i.e., engineering stillness), found sites with minimal noise profiles, both physical and social, that would accommodate the size and function of the instruments despite land uses in conflict with the experiment (i.e., finding stillness), and understood the overlapping human and non-human uses of the land that jeopardized the ability to make these highly precise detections and mediate solutions that would allow for concurrent use of the land (i.e., negotiating stillness). -/- Through this history, I conclude that the level of sensitivity the physicists and engineers can attain in the LIGO interferometers is predicated on constructed stillness. This determines the instruments’ ability to measure the minute deformations in length caused by gravitational waves such that the physicists, engineers, and data scientists can rule out the geography of noise and make the claim that the heterogeneity of their locations at Hanford and Livingston does not negate their assertion of twin detections of gravitational wave signals across their two sites. (shrink)

Excerpt from The Three Conventions: Metaphysical Dialogues, Principia Metaphysica, and Commentary So long as we conceive the world to be only in the process of Becoming, so long will it be inevitable that all our world-conceptions be in constant flux. A world that never is but always to be cannot remain stable enough for a single moment to allow even of description, let alone of definition and interpretation; and a statement approximately true. Today may be anything but true tomorrow. Metaphysics (...) and Phi 1050phy, in these circumstances, are not so much as even guesses at truth, since the truth about a process of Becoming, if it be no more than that, can only be known when the process is complete, that is to say, when all life has ceased. They are, at best, a kind of meteorological prediction, but in a field vastly more complex than that of weather and, in consequence, at a vastly greater disadvantage than common mete orology. If, as is too. Generally assumed by modern science, what we call life is only Becoming, there is small wonder that Metaphysics and Philosophy proper should be regarded as fancies unworthy of serious attention. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This is an advocacy essay that documents the undignified and inhumane conditions of social inequality to which the members of "Al-Akhdam" minority group are subjected in the Republic of Yemen. By focusing on the interaction between culture and collective violence, it examines the exclusionary socio-cultural and economic practices by which Al-Akhdam are denied basic human rights. In so doing, the article locates the root cause of such practices in ethnic prejudices; the Al-Akhdam are persecuted on account of their being of (...) African-descent in a country with an Arab-majority. Finally, the article advocates the protection of the collective human rights of the Al-Akhdam minority and proposes cogent measures for restoring social justice through the implementation of specific actions, including international condemnation of their persecution; official recognition of the violence meted to them; national international recognition and promotion of their rights; cessation of Yemeni government-supported policy of Al-Akhdam forced labor; formal extension of constitutionally-guaranteed economic and social rights and the establishment of a program designed to integrate them into the mainstream of Yemeni society. This list of concrete steps represents a practical advocacy plan for fostering changes in the conditions of Al-Akhdam in Yemen through numerous venues, including the Yemeni government, the United Nations, and local and international human rights NGOs. It is hoped that this documentation will significantly elevate international awareness of, and instigate responses to, the ethno-cultural violence being perpetrated against Al-Akhdam in Yemen. (shrink)

Death in the life of the samurai -- An introduction to Yamamoto Tunetomo's Hagakure -- The Hagakure -- A leisurely chat in the evening shadows -- A samurai must devote his heart firmly to bushidō -- Hardship is a beneficial experience -- There is nothing as deep as giri -- Close your eyes and think of your lord -- Death is a punishment not meted out lightly -- Even if it contains poison, what's the big deal? -- Naritomi Hyōgo's words (...) about achieving victory -- The quarrel (kenka) of Araki Kuzaemon -- You are weaker than you look -- "Victory or defeat is a trivial matter" -- Military strategies. (shrink)

Corporate social irresponsibility (CSI) and other questionable business incidents that appear to harm stakeholders frequently afflict firms yet draw disparate investor reactions. We address this disparity by investigating the association between firm legal orientation and investor reactions to CSI. We hypothesize the proportion of board members and top management team (TMT) executives with law degrees affects investor perceptions of firm foresight, and in turn, their judgment of blame and consequent punishment. Based on abnormal returns to 629 announcements of CSI and (...) 308 publicly traded S&P 500 firms, we find that both too small and too large a proportion of board of directors and TMT members with law degrees lead investors to mete out harsher punishment. This inverted u‐shaped link is further affected by firm size, firm risk, and industry competition. Our investigation sheds light on the link between executive education and financial performance in the context of CSI and investor perceptions of foresight. (shrink)

An imperfect “politics of justice” seems to be inevitable in the aftermath of genocide. In Rwanda, this is especially true, given the scale of the atrocities, the breadth of participation, and the need to build a justice system from scratch while establishing security and restoring the rule of law. Official contexts for survivor testimony and corresponding perpetrator punishment are crucial for establishing shared norms and narratives, but these processes can destabilize social relations in important ways. Accordingly, without development, these justice (...) mechanisms can undermine social stability and emerging cohesion. The converse is also true: without official contexts of testimony and judgment, development is only material support, and has no recognitive force. Learning from Rwanda’s post-’94 transitional justice, broadly construed, I argue that without development, platforms for testimony and the meting out of punishment yield insufficient recognition and so undermine social stability and emerging cohesion. The converse is also true: without official contexts of testimony and judgment, development is only material support, and lacks crucial recognitive force. The crucial interdependence of development, which provides distributive justice, with criminal proceedings, which offer retributive and restorative justice, has the potential to secure a lasting and stable peace. (shrink)

The view that acting morally is ultimately a question of treating others with respect has had a profound influence on moral and legal philosophy. Not surprisingly, then, some scholars forcefully argue that the modes of punishment that the states mete out to offenders should not be disrespectful, and, furthermore, it has been argued that obliging offenders to receive neurological treatment is incompatible with showing them their due respect. In this paper, I examine three contemporary accounts of what showing respect (...) for offenders in our sentencing practices would amount to: that it involves not interfering with offenders’ capacities for rationality and autonomy, that it should not undermine offenders’ prospect of reform, and that it amounts to treating offenders as if opaque. I then critically discuss whether any of these accounts plausibly imply that mandating neurointerventions to some offenders is necessarily morally wrong. I argue that they do not. (shrink)