Pancreatitis is a complex, progressively destructive inflammatory disorder. Alcohol was long thought to be the primary causative agent, but genetic contributions have been of interest since the discovery that rare PRSS1, CFTR and SPINK1 variants were associated with pancreatitis risk. We now report two associations at genome-wide significance identified and replicated at PRSS1-PRSS2 and X-linked CLDN2 through a two-stage genome-wide study. The PRSS1 variant likely affects disease susceptibility by altering expression of the primary trypsinogen gene. The CLDN2 risk allele is (...) associated with atypical localization of claudin-2 in pancreatic acinar cells. The homozygous CLDN2 genotype confers the greatest risk, and its alleles interact with alcohol consumption to amplify risk. These results could partially explain the high frequency of alcohol-related pancreatitis in men. © 2012 Nature America, Inc. All rights reserved. (shrink)

This is the first book to take a comprehensive look at white collar criminal offenses from the perspective of moral and legal theory. Focussing on the way in which key white collar crimes such as fraud, perjury, false statements, obstruction of justice, bribery, extortion, blackmail, insider trading, tax evasion, and regulatory and intellectual property offenses are shaped and informed by a range of familiar, but nevertheless powerful, moral norms.

For retributivists, who believe that criminal sanctions should be used to punish only conduct that is blameworthy, the so-called mala prohibita offenses have always been a source of concern: When the conduct being criminalized is wrongful prior to and independent of its being illegal - as it is with presumptive mala in se offenses like murder and rape - the path to blameworthiness is relatively clear. But when the wrongfulness of the conduct depends on the very fact of its being (...) illegal - as is said to be the case with presumptive mala prohibita offenses like fishing without a license and buying drugs without a prescription - the argument in favor of criminalization becomes more difficult to sustain. Unless one believes that law-breaking as such is morally wrongful, criminal penalties would seem hard to justify. That, in any event, is the standard liberal, retributivist view. As I shall argue, however, things are considerably more complicated than this account would suggest. No offense, at least in the real world, is wholly malum in se or wholly malum prohibitum. Rather, the concepts of malum in se and malum prohibitum should be understood as contrasting, scalar qualities that all criminal offenses, to one degree or another, possess. Under such a conception, an offense could be, say, 80 percent malum in se and 20 percent malum prohibitum, or 20 percent malum in se and 80 percent malum prohibitum. Thinking about malum in se and malum prohibitum in this way can help us make a more precise assessment of the moral content of criminal offenses, taking account of the various ways in which law and legal institutions inform their moral content, the reasons people obey such laws, and what it means to “obey” the law in the first place. (shrink)

The concept of cheating is ubiquitous in ourmoral lives: It occurs in contexts as varied asbusiness, sports, taxpaying, education,marriage, politics, and the practice of law. Yet despite its seeming importance, it is aconcept that has been almost completely ignoredby moral theorists, usually regarded either asa morally neutral synonym for non-cooperativebehavior, or as a generalized, unreflectiveterm of moral disapprobation. This articleoffers a ``normative reconstruction'''' of theconcept of cheating by showing both whatvarious cases of cheating have in common, andhow cheating is related (...) to, and differs from,other morally wrongful acts, such as stealing,promise-breaking, deceiving, disobedience, anddisloyalty. A paradigmatic account of cheating is developed that entails two elements: First, the cheater must violate a prescriptive (rather thandescriptive), mandatory (rather than optional),regulative (rather than practice-defining), andconduct-governing (as opposed todecision-governing) rule. Second, the rulemust be fair and enforced even-handedly, andmust be violated with an intent to obtain anadvantage over some party with whom therule-breaker is in a cooperative, rule-governedrelationship. Along the way is a discussion ofpuzzling cases of ``judicial cheating,''''``strategic cheating,'''' cheating because``everyone else is doing it,'''' ``cheatingoneself,'''' ``altruistic cheating,'''' and ``ulteriormotive cheating.'''' The article then applies thecheating paradigm in the context of whitecollar criminal law, arguing that the conceptof cheating provides a better framework forexplaining the ``moral wrongfulness'''' thatunderlies and helps to define offenses such astax evasion and insider trading. (shrink)

History, Prophecy, and the Stars: The Christian Astrology of Pierre d'Ailly. By Laura Ackerman Smoller (Princeton: Princeton University Press, 1994), xii + 233 pp., $35.00 cloth. The Jewish Alchemists: A History and Sourcebook. By Raphael Patai (Princeton: Princeton University Press, 1994), xv + 617 pp., $35.00/£29.95 cloth. Access to Western Esotericism. By Antoine Faivre (Albany: State University of New York Press, 1994), x + 369 pp., $19.95 cloth.

This symposium contribution offers a reconsideration of a range of “vice crime” legislation from late nineteenth and early twentieth century American law, criminalizing matters such as prostitution, the use of opiates, illegal gambling, and polygamy. According to the standard account, the original justification for these offenses was purely moralistic and paternalistic ; and it was only later, in the late twentieth century, that those who supported such legislative initiatives sought to justify them in terms of their ability to prevent harms. (...) This piece argues that the rationale for these vice crimes laws was much more complicated than has traditionally been thought, encompassing not just moralistic justifications but also a wide range of harm-based rationales—similar to those that underlie modern, technocratic, “preventive justice” legislation involving matters such as anti-social behavior orders, sex offender registration, stop-and-frisk policing, and the fight against terrorism. (shrink)

In the Realm of Criminal Law, Antony Duff seeks to defend the view that we should criminalize conduct only if it is wrongful. Skeptics of legal moralism argue that this occurs all the time in supposedly overinclusive offenses whose definitions capture not only the kind of conduct that constitutes the target wrong, but also a wider class of conduct that is not wrongful prior to prohibition. An example is statutory rape. Duff, in response, contends that such offenses need not violate (...) the requirements of legal moralism. Having exploitative sex with juveniles is obviously wrong even prior to its legal regulation. But having non-exploitative sex with juveniles is also potentially wrong, inasmuch as it involves a violation of a prohibition that society has decided is justified for instrumental reasons. While Duff’s analysis offers an ingenious explanation for why offenses like statutory rape need not violate the bare minimum requirements of legal moralism, it simultaneously exposes separate, largely unacknowledged, problems of fair labeling and proportionality. By combining in a single offense wrongs that are primarily malum in se with ones that are primarily malum prohibitum—a process referred to as “wrongfulness conflation”—we risk treating unlike wrongs alike, imposing disproportionate punishments, and blurring offense labels. And such problems occur not just in the context of statutory rape, but also with respect to a host of other supposedly overinclusive offenses, including various forms of sexual assault. (shrink)

Larry Alexander and Kimberly Kessler Ferzan, with Stephen Morse, Crime and Culpability: A Theory of Criminal Law, xi + 358 pp. In the final chapter of C...

Peter Alldridge, Relocating Criminal Law Aldershot, England: Dartmouth Publishing Company, 2000, xxvi + 247 pp.

In the latest edition of Liddell and Scott's Lexicon appears the entry, —, fantastic, Gloss.’’ No more information is given. Gloss, refers to the Corpus Glossariorum Latirtorum edited by G. Loewe, G. Goetz, and F. Schoell.. If one consults that work, however, one finds that does not appear in it. Nor does it appear in Liddell and Scott's Lexicon before the new, revised edition of 1925.

San John Henry Newman es ampliamente entendido como un hombre de conciencia, tanto en su vida como en sus escritos. El objetivo de este artículo es explorar más profundamente los escritos de Newman sobre la conciencia, en orden a mostrar tanto la importancia que la categoría de conciencia aporta nuestro sentido moral como la percepción religiosa y existencial de lo que estamos llamados a hacer, así como vínculo de todas las criaturas humanas a su Creador. Una lectura cuidadosa de unos (...) textos nos ayudará a evitar la mala interpretación común del brindis de Newman por la conciencia que distorsiona su punto de vista como si colocase la conciencia y el Magisterio en oposición, o que si concediese mucho más respeto a la conciencia que a la enseñanza con autoridad de la Iglesia. (shrink)

Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways ...

Gómez Pereira's Antoniana Margarita (1554) represents one of the most original works of his time. Its author develops some issues of great impact in later philosophy, such as animal automatism, soul-body radical separation and self-awareness.

BackgroundCentral to ethically justified clinical trial design is the need for an informed consent process responsive to how potential subjects actually comprehend study participation, especially study goals, risks, and potential benefits. This will be particularly challenging when studying deep brain stimulation and whether it impedes symptom progression in Parkinson’s disease, since potential subjects will be Parkinson’s patients for whom deep brain stimulation will likely have therapeutic value in the future as their disease progresses.MethodAs part of an expanded informed consent process (...) for a pilot Phase I study of deep brain stimulation in early stage Parkinson’s disease, an ethics questionnaire composed of 13 open-ended questions was distributed to potential subjects. The questionnaire was designed to guide potential subjects in thinking about their potential participation.ResultsWhile the purpose of the study (safety and tolerability) was extensively presented during the informed consent process, in returned responses 70 percent focused on effectiveness and 91 percent included personal benefit as potential benefit from enrolling. However, 91 percent also indicated helping other Parkinson’s patients as motivation when considering whether or not to enroll.ConclusionsThis combination of responses highlights two issues to which investigators need to pay close attention in future trial designs: (1) how, and in what ways, informed consent processes reinforce potential subjects’ preconceived understandings of benefit, and (2) that potential subjects see themselves as part of a community of Parkinson’s sufferers with responsibilities extending beyond self-interest. More importantly, it invites speculation that a different paradigm for informed consent may be needed. (shrink)

Jaswal & Akhtar provide several quotes ostensibly from people with autism but obtained via the discredited techniques of Facilitated Communication and the Rapid Prompting Method, and they do not acknowledge the use of these techniques. As a result, their argument is substantially less convincing than they assert, and the article lacks transparency.

Aristotle describes human happiness as a life of virtuous activity in Book One of the Nicomachean Ethics but as a life of contemplative activity and a life of ethically virtuous activity in Book Ten. In which kind of life does Aristotle ultimately believe that happiness consists? The answer lies in the role of philosophical wisdom within ethically virtuous activity. I argue that philosophical wisdom has a dual role: its exercise is the end of ethically virtuous activity and the virtue by (...) which that end is rationally apprehended. Just as ethically virtuous activity depends on the exercise of philosophical wisdom in this dual way, so human happiness can be understood as a single life of virtuous activity whose end is the exercise of philosophical wisdom in contemplative activity. The exercise of philosophical wisdom will include ethically virtuous activity as an end that includes what is desired for its sake. (shrink)

A reply to Stuart Brown on how to understand the concept of learning.

In the clinical setting, questions of medical ethics raise a host of perplexing problems, often complicated by conflicting perspectives and the need to make immediate decisions. In this volume, bioethicists and physicians provide a nuanced, in-depth approach to the difficult issues involved in bioethics consultation. Addressing the needs of researchers, clinicians, and other health professionals on the front lines of bioethics practice, the contributors focus primarily on practical concerns -- whether ethics consultation is best done by individuals, teams, or committees (...) how an ethics consult service should be structured the need for institutional support and techniques and programs for educating and training staff -- without neglecting more theoretical considerations, such as the importance of character or the viability of organizational ethics. (shrink)

This pathbreaking collection of thirteen original essays examines the moral rights of the subjects of documentary film, photography, and television.

The present paper explores the role of motivation to observe a certain outcome in people’s predictions, causal attributions, and beliefs about a streak of binary outcomes. In two studies we found that positive streaks lead participants to predict the streak’s continuation, but negative streaks lead to predictions of its end. More importantly, these wishful predictions are supported by strategic attributions and beliefs about how and why a streak might unfold. Results suggest that the effect of motivation on predictions is mediated (...) by a serial path via causal attributions to the teams at play and belief in the hot hand. (shrink)

In this article, we analyse the evidential value of the corpus of experimental philosophy. While experimental philosophers claim that their studies provide insight into philosophical problems, some philosophers and psychologists have expressed concerns that the findings from these studies lack evidential value. Barriers to evidential value include selection bias and p-hacking. To find out whether the significant findings in x-phi papers result from selection bias or p-hacking, we applied a p-curve analysis to a corpus of 365 x-phi chapters and articles. (...) Our results suggest that this corpus has evidential value, although there are hints of p-hacking in a few parts of the x-phi corpus. (shrink)

Emerging research has examined individual differences in affective forecasting; however, we are aware of no published study to date linking psychopathology symptoms to affective forecasting problem...