One of four laws passed by Clodius early in 58 b.c. in some way modified the regulations governing obnuntiatio, the right possessed by magistrates and augurs to obstruct proceedings of the popular assemblies through announcement of unfavourable omens. The precise nature of the change is obscured by the fact that our main source, Cicero, describes it, as he does all of Clodius' legislation, in hyperbolic and polemical terms, alleging that it wholly abolished the right of obnuntiatio, a claim contradicted by (...) other evidence in his writings, which provide many examples of its continuing use. The later ancient sources repeat the substance of Cicero's main allegations and, accordingly, do little to help disentangle the facts from the hyperbole. Inadequate information about the earlier regulations relating to obnuntiatio, which were contained in two laws of the mid-second century, the Leges Aelia et Fufia, further hampers the search for the precise terms of Clodius' amendment. None of this, however, has discouraged speculation. The problem has exerted a peculiar fascination and has generated a succession of careful studies. Five main hypotheses have emerged: that the right of obnuntiatio was taken from curule magistrates; that it was taken from curule magistrates, but only in relation to legislative comitia; that it was taken from both curule magistrates and tribunes, but only in relation to legislative comitia; that it was abolished entirely, but soon restored by senatorial annulment of the reform; that it was left intact, but the assemblies were empowered to disallow it on any given occasion. (shrink)

G. E. Moore observed that to assert, 'I went to the pictures last Tuesday but I don't believe that I did' would be 'absurd'. Over half a century later, such sayings continue to perplex philosophers. In the definitive treatment of the famous paradox, Green and Williams explain its history and relevance and present new essays by leading thinkers in the area.

Andrew Simester’s new book, Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing, is a masterful analysis of the doctrines of the general part of the criminal law and the multiple, overlapping functions that those doctrines serve. Along the way, Simester makes explicit what criminal law theorists routinely presuppose—that the ordinary words “blameworthiness” and “culpability” pick out the same moral concept. This essay argues that this assumed equivalence is mistaken: two concepts are in play, not one. Roughly, to be blameworthy is (...) to be justly liable to blaming practices in virtue of being at fault, and to be culpable is to act in a fashion that manifests or issues from insufficient concern for morally weighty interests. Culpability is not identical to blameworthiness, but rather a ground of blameworthiness: to be culpable is one way to be at fault, thus one way to be blameworthy. More importantly, culpability is not the exclusive ground of blameworthiness; an agent can be at fault, hence blameworthy, without being culpable. This essay defends these conceptual claims and draws forth some implications for two theses that Simester advances: that it is morally permissible to punish persons for criminal negligence and that it is unjust to punish persons who don’t deserve it. (shrink)

We take up the challenge of developing an international network with capacity to survey the world’s scientists on an ongoing basis, providing rich datasets regarding the opinions of scientists and scientific sub-communities, both at a time and also over time. The novel methodology employed sees local coordinators, at each institution in the network, sending survey invitation emails internally to scientists at their home institution. The emails link to a ‘10 second survey’, where the participant is presented with a single statement (...) to consider, and a standard five-point Likert scale. In June 2023, a group of 30 philosophers and social scientists invited 20,085 scientists across 30 institutions in 12 countries to participate, gathering 6,807 responses to the statement Science has put it beyond reasonable doubt that COVID-19 is caused by a virus. The study demonstrates that it is possible to establish a global network to quickly ascertain scientific opinion on a large international scale, with high response rate, low opt-out rate, and in a way that allows for significant (perhaps indefinite) repeatability. Measuring scientific opinion in this new way would be a valuable complement to currently available approaches, potentially informing policy decisions and public understanding across diverse fields. (shrink)

We take up the challenge of developing an international network with capacity to survey the world’s scientists on an ongoing basis, providing rich datasets regarding the opinions of scientists and scientific sub-communities, both at a time and also over time. The novel methodology employed sees local coordinators, at each institution in the network, sending survey invitation emails internally to scientists at their home institution. The emails link to a ‘10 second survey’, where the participant is presented with a single statement (...) to consider, and a standard five-point Likert scale. In June 2023, a group of 30 philosophers and social scientists invited 20,085 scientists across 30 institutions in 12 countries to participate, gathering 6,807 responses to the statement Science has put it beyond reasonable doubt that COVID-19 is caused by a virus. The study demonstrates that it is possible to establish a global network to quickly ascertain scientific opinion on a large international scale, with high response rate, low opt-out rate, and in a way that allows for significant (perhaps indefinite) repeatability. Measuring scientific opinion in this new way would be a valuable complement to currently available approaches, potentially informing policy decisions and public understanding across diverse fields. (shrink)

A large proportion of hospital inpatients are affected by cognitive impairment, posing challenges in the provision of their care in busy, fast-paced acute wards. Signs and symbols, known as visual identifiers, are employed in many U.K. hospitals with the intention of helping healthcare professionals identify and respond to the needs of these patients. Although widely considered useful, these tools are used inconsistently, have not been subject to full evaluation, and attract criticism for acting as a shorthand for a routinized response. (...) In order for visual identifiers to be used effectively in acute care settings, thorough consideration must be given to the ethical and legal issues that are engaged in this context, and their potential benefits and harms must be weighed and balanced. This paper proposes a set of legal and ethical principles that can be used to guide the implementation of visual identifiers. Together, these principles provide a framework applicable in the design and implementation phases to systematically identify relevant considerations arising from the use of these tools. We outline some tensions that arise between principles and conclude that selecting a preferred moral framework could help to guide decision-making, as does clarity around the purpose and objectives of the identifier. (shrink)

The massive expansion of US higher education after World War II is a sociological puzzle: a spectacular feat of state capacity-building in a highly federated polity. Prior scholarship names academic leaders as key drivers of this expansion, yet the conditions for the possibility and fate of their activity remain under-specified. We fill this gap by theorizing what Randall Collins first callededucational entrepreneurshipas a special kind of strategic action in the US polity. We argue that the cultural authority and organizational centrality (...) of universities in the US national context combine with historical contingency to episodically produce conditions under which academic credentials can be made viable solutions to social problems. We put our theorization to the test by revisiting and extending a paradigmatic case: the expansion of engineering education at Stanford University between 1945 and 1969. Invoking several contemporaneous and subsequent cases, we demonstrate the promise of theorizing educational expansion as an outcome of strategic action by specifically located actors over time. (shrink)

What precisely, W. J. T. Mitchell asks, are pictures (and theories of pictures) doing now, in the late twentieth century, when the power of the visual is said to be greater than ever before, and the "pictorial turn" supplants the "linguistic turn" in the study of culture? This book by one of America's leading theorists of visual representation offers a rich account of the interplay between the visible and the readable across culture, from literature to visual art to the (...) mass media. (shrink)

"[Mitchell] undertakes to explore the nature of images by comparing them with words, or, more precisely, by looking at them from the viewpoint of verbal language.... The most lucid exposition of the subject I have ever read."—Rudolf Arnheim, _Times Literary Supplement_.

Philosophers disagree about whether outcome luck can affect an agent's “moral responsibility.” Focusing on responsibility's “negative side,” some maintain, and others deny, that an action's results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor's blameworthiness and negative desert are equally affected—or unaffected—by an action's results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that (...) serve distinct normative functions: blameworthiness serves aliabilityfunction (removing a bar to otherwise impermissible treatments), whereas desert serves afavoringfunction (contributing new value to states of affairs, or providing new reasons for responsive treatments). Having distinguished (negative) desert from blameworthiness, the article proposes a novel resolution to the outcome‐luck debate: that results do not affect an agent's liability to blame, but do affect the amount and severity of blame to which the agent is justly liable, including by affecting the severity of blame that the agent deserves. (shrink)

This review essay of Victor Tadros’s new book, “The Ends of Harm: The Moral Foundations of Criminal Law,” responds to Tadros’s energetic and sophisticated attacks on retributivist justifications for criminal punishment. I argue, in a nutshell, that those attacks fail. In defending retributivism, however, I also sketch original views on two questions that retributivism must address but that many or most retributivists have skated past. First, what do wrongdoers deserve – to suffer? to be punished? something else? Second, what does (...) it mean for them to deserve it? That is, what is the normative force or significance of valid desert claims, either with respect to retributivist desert in particular or with respect to all forms of desert? Because the answers that this essay offers are preliminary, the essay also serves as a partial blueprint for further work by criminal law theorists with retributivist sympathies. (shrink)

Although the notion of spatiality has always lurked in the background of discussions of literary form, the self-conscious use of the term as a critical concept is generally traced to Joseph Frank's seminal essay of 1945, "Spatial Form in Modern Literature."1 Frank's basic argument is that modernist literary works are "spatial" insofar as they replace history and narrative sequence with a sense of mythic simultaneity and disrupt the normal continuities of English prose with disjunctive syntactic arrangements. This argument has been (...) attacked on several fronts. An almost universal objection is that spatial form is a "mere metaphor" which has been given misplaced concreteness and that it denies the essentially temporal nature of literature. Some critics will concede that the metaphor contains a half-truth, but one which is likely to distract attention from more important features of the reading experience. The most polemical attacks have come from those who regard spatial form as an actual, but highly regrettable, characteristic of modern literature and who have linked it with antihistorical and even fascist ideologies.2 Advocates of Frank's position, on the other hand, have generally been content to extrapolate his premises rather than criticize them, and have compiled an ever-mounting list of modernist texts which can be seen, in some sense, as "antitemporal." The whole debate can best be advanced, in my view, not by some patchwork compromise among the conflicting claims but by a radical, even outrageous statement of the basic hypothesis in its most general form. I propose, therefore, that far from being a unique phenomenon of some modern literature, and far from being restricted to the features which Frank identifies in those works , spatial form is a crucial aspect of the experience and interpretation of literature in all ages and cultures. The burden of proof, in other words, is not on Frank to show that some works have spatial form but on his critics to provide an example of any work that does not. · 1. Frank's essay first appeared in Sewanee Review 53 and was revised in his The Widening Gyre . Frank's basic argument has not changed essentially even in his most avante-garde statements; he still regards spatial form "as a particular phenomenon of modern avante-garde writing." See "Spatial Form: An Answer to Critics," Critical Inquiry 4 : 231-52. A useful bibliography, "Space and Spatial Form in Narrative," is being complied by Jeffrey Smitten .· 2. This charge generally links the notion of spatial form with Wyndham Lewis and Ezra Pound, the imagist movement, the "irrationality" and pessimistic antihistoricism of modernism, and the conservative Romantic tradition. Frank discusses the complex motives behind these associations in the work of Robert Weimann and Frank Kermode in his "Answer to Critics," pp. 238-48. W. J. T. Mitchell, editor of Critical Inquiry, is the author of Blake's Composite Art, and The Last Dinosaur Book: The Life and Times of a Cultural Icon. The present essay is part of Iconology: The Image in Literature and the Visual Arts. "Diagrammatology" appeared in the Spring 1981 issue of Critical Inquiry. Leon Surette responds to the current essay in "‘Rational Form in Literature’". (shrink)

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and regarding whether the principle can deliver absolute judgments, or only (...) comparative ones. This essay proposes that these differences cannot be successfully adjudicated, and one candidate proportionality principle preferred over its rivals, in the abstract; a proportionality principle only makes sense as an integrated part of a more complete justificatory theory of criminal punishment. It then sketches a proportionality principle that best fits the responsibility-constrained pluralist theories of criminal punishment that currently predominate. The proportionality principle it favors provides that punishments should not be disproportionately severe, in noncomparative terms, relative to an agent’s culpability in relation to their wrongdoing. (shrink)

Philosophy of sport orthodoxy maintains the following three theses: (1) all sports (or all refereed sports) are games; (2) games are as Suits defined them; and (3) sprints are sports. This article argues that these three theses cannot be jointly maintained and offers exploratory thoughts regarding what might follow.

In video games, identification with avatars—virtual entities or characters driven by human behavior—has been shown to serve many interpersonal and intraindividual functions but our understanding of the psychological variables that influence players' avatar choices remains incomplete. The study presented in this paper tested whether players' preferred style of avatar creation is linked to the magnitude of self-perceived discrepancies between who they are, who they aspire to be, and who they think they should be. One-hundred-and-twenty-five undergraduate gamers indicated their preferred avatar (...) creation style and completed a values measure from three different perspectives: their actual, ideal, and ought selves. The average actual/ideal values discrepancy was greater among those who preferred idealized avatars vs. those who preferred realistic avatars. The average actual/ought values discrepancy was greater among those who preferred completely different avatars vs. those who preferred realistic avatars. These results, therefore, offer additional evidence that self-discrepancy theory is a useful framework for understanding avatar preferences. (shrink)

Paul Lewis and Walter Gulick summarize and evaluate Mark Micthell’s new book, Michael Polanyi: The Art of Knowing, and Mitchell responds to their comments in this symposium article.

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

BackgroundThere is increasing need for peer reviewers as the scientific literature grows. Formal education in biostatistics and research methodology during residency training is lacking. In this pilot study, we addressed these issues by evaluating a novel method of teaching residents about biostatistics and research methodology using peer review of standardized manuscripts. We hypothesized that mentored peer review would improve resident knowledge and perception of these concepts more than non-mentored peer review, while improving review quality.MethodsA partially blinded, randomized, controlled multi-center study (...) was performed. Seventy-eight neurology residents from nine US neurology programs were randomized to receive mentoring from a local faculty member or not. Within a year, residents reviewed a baseline manuscript and four subsequent manuscripts, all with introduced errors designed to teach fundamental review concepts. In the mentored group, mentors discussed completed reviews with residents. Primary outcome measure was change in knowledge score between pre- and post-tests, measuring epidemiology and biostatistics knowledge. Secondary outcome measures included level of confidence in the use and interpretation of statistical concepts before and after intervention, and RQI score for baseline and final manuscripts.ResultsSixty-four residents (82%) completed initial review with gradual decline in completion on subsequent reviews. Change in primary outcome, the difference between pre- and post-test knowledge scores, did not differ between mentored (−8.5%) and non-mentored (−13.9%) residents (p = 0.48). Significant differences in secondary outcomes (using 5-point Likert scale, 5 = strongly agree) included mentored residents reporting enhanced understanding of research methodology (3.69 vs 2.61; p = 0.001), understanding of manuscripts (3.73 vs 2.87; p = 0.006), and application of study results to clinical practice (3.65 vs 2.78; p = 0.005) compared to non-mentored residents. There was no difference between groups in level of interest in peer review (3.00 vs 3.09; p = 0.72) or the quality of manuscript review assessed by the Review Quality Instrument (RQI) (3.25 vs 3.06; p = 0.50).ConclusionsWe used mentored peer review of standardized manuscripts to teach biostatistics and research methodology and introduce the peer review process to residents. Though knowledge level did not change, mentored residents had enhanced perception in their abilities to understand research methodology and manuscripts and apply study results to clinical practice. (shrink)

The meaning of pain is the subject of this text, providing a philosophical perspective on coping with this debilitating condition. The book presents a discussion and review of world philosophy and literature relevant to the problem of human suffering.

Why do we persist in the relentless pursuit of artificial nourishment and other treatments to maintain a permanently unconscious existence? In facing the future, if not the present world-wide reality of a huge number of persistent vegetative state (PVS) patients, will they be treated because of our ethical commitment to their humanity, or because of an ethical paralysis in the face of biotechnical progress? The PVS patient is cut off from the normal patterns of human connection and communication, with a (...) life unlike other forms of human existence. Why the struggle to justify ending a life which, it is said, has suffered an irreversible loss of the content of consciousness? Elsewhere, the authors have addressed the ethical controversies and confusion engendered by ambiguous terminology, misuse of medical facts and the differing interpretations of what constitutes 'effective' treatment: in particular, the issue of whether in fact artificial nutrition and hydration is a medical treatment, or simply part of the obligatory care owed to all patients, permanently unconscious or not. In this paper, we intend to argue that recent analyses of medical futility, its meaning and ethical implications, despite an absence of public consensus, permit some tentative re-evaluation of our ethical obligations to the PVS patient. (shrink)

This may be an especially favorable moment in intellectual history to come to some understanding of notions like “abstraction” and “the abstract,” if only because these terms seem so clearly obsolete, even antiquated, at the present time. The obsolescence of abstraction is exemplified most vividly by its centrality in a period of cultural history that is widely perceived as being just behind us, the period of modernism, ranging roughly from the beginning of the twentieth century to the aftermath of the (...) Second World War.1art is now a familiar feature of our cultural landscape; it has become a monument to an era that is passing from living memory into history. The experiments of cubism and abstract expressionism are no longer “experimental” or shocking: abstraction has not been associated with the artistic avant-garde for at least a quarter of a century, and its central masterpieces are now firmly entrenched in the tradition of Western painting and safely canonized in our greatest museums. That does not mean that there will be no more abstract paintings, or that the tradition is dead; on the contrary, the obsolescence we are contemplating is in a very precise sense the precondition for abstraction’s survival as a tradition that resists any possible assault from an avant-garde. Indeed, the abstract probably has more institutional and cultural power as a rearguard tradition than it ever did as an avant-garde overturning of tradition. For that very reason its self-representations need to be questioned more closely than ever, especially its account of its own nature and history. This seems important, not just to set the record straight about what abstract art was, but to enable critical and artistic experimentation in the present, and a more nuanced account of both pre-and postmodern at, both of which are in danger of being swallowed up by the formulas of abstract formalism. If art and criticism are to continue to play an oppositional and interventionist role in our time, passive acceptance and reproduction of a powerful cultural tradition like abstract art will simply not do. 1. I define modernism and “the age of abstraction” here in familiar art historical terms, as a period extending from Kandinsky and Malevich to Jasper Johns and Morris Louis. There are other views of this matter which would trace modernism back to the emergence of an avant-garde in the 1840s , or to romanticism , or to the eighteenth century . My claim would be that “the abstract” as such only becomes a definitive slogan for modernism with the emergence of abstract painting around 1900. W. J. T. Mitchell, editor of Critical Inquiry, is professor of English and a member of the Committee on Art and Design at the University of Chicago. His most recent book is Iconology: Image, Text, Ideology. (shrink)

Background:Reducing the incidence and negative consequences of concussion among youth athletes is a public health priority. In 2010, Massachusetts passed legislation aimed at addressing the issue of concussions in school athletics. We sought to understand local-level implementation decisions of the Massachusetts concussion law.Methods:A qualitative multiple-case study approach was utilized. Semi-structured interviews with school-employed actors associated with the law's implementation were used for analysis. Interview data were subjected to a conventional content analysis.Results:A total of 19 participants from 5 schools were interviewed. (...) Schools were purposefully selected from communities varying in socioeconomic status and population. Participants included 5 athletic directors, 5 coaches, 4 athletic trainers, 4 school nurses, and 1 health and wellness coordinator. Eight themes emerged regarding specific ways schools have implemented the law. Six themes emerged regarding factors influencing implementation.Conclusions:All cases employ neurocognitive testing as a means to assess concussions, place decision-making authority in athletic trainers' hands, and use a 30-minute online video to disseminate concussion education. Employing athletic trainers could pose challenges to school districts with limited financial capacity, as financial assistance from the state is not provided under the law. The validity of neurocognitive testing and the effectiveness of online concussion training need further study. Cooperation from student athletes, their parents, and physicians is necessary for full implementation of the law. (shrink)

Debates over the proper theory of, or approach to, constitutional interpretation rage through many Western constitutional democracies. Although the number of distinct theories, if finely individuated, might match the number of theorists who have entered the fray, it has become customary to group the competing accounts into two broad camps, commonly labeled ‘originalism’ and ‘non‐originalism’. This article presents an overview of non‐originalist approaches to constitutional interpretation. However, because non‐originalism is defined as the negation of originalism – that is, diverse theories (...) are grouped together as ‘non‐originalist,’ not so much by what they commonly affirm, as by what they commonly deny – the project naturally focuses as well on originalist theories of interpretation. After specifying what originalism maintains, and what objections it encounters, the essay sketches some of the more prominent non‐originalist approaches to constitutional interpretation and identifies some of the criticisms they face and worries they provoke. Preliminarily, it explains why ‘theories of constitutional interpretation’ constitute only a subset of ‘theories of judicial review.’. (shrink)

Philosophers of criminal punishment disagree about whether infliction of punishment for negligence can be morally justified. One contending view holds that it cannot be because punishment requires culpability and culpability requires, at a minimum, advertence to the facts that make one’s conduct wrongful. Larry Alexander and Kim Ferzan are prominent champions of this position. This essay challenges that view and their arguments for it. Invoking a conceptual distinction between an agent’s being _blameworthy_ for an act and their _deserving punishment_ (or (...) suffering) for that act, it explains that an agent can be blameworthy for negligent conduct, and thus liable to reasonable blaming practices, even if negligence is not culpable, hence not sufficient to ground negative desert. Turning from conceptual inquiry to substantive questions of political morality, it then argues that a faulty actor’s lack of culpability does not render them immune from just punishment, but does significantly limit the severity of punishment that may be inflicted, for punishment should not be disproportionately severe relative to an agent’s culpability in relation to wrongdoing. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 784-791, May 2022.

Los teóricos estadounidenses conocidos como “los nuevos originalistas” han propuesto en los años recientes una visión de la adjudicación constitucional y de la implementación constitucional extra-judicial que concede un lugar central a la distinción entre “interpretación constitucional” y “construcción constitucional.” La primera es entendida como el proceso consistente en determinar el significado lingüístico del texto constitucional mientras que la construcción es el proceso consistente en traducir el significado lingüístico a tests o reglas jurídicas, paradigmáticamente, aunque de forma no exclusiva, para (...) hacer más preciso un texto vago. Este artículo, escrito en el contexto de un simposio sobre la distinción interpretación/construcción en la teoría constitucional, hace una evaluación crítica de la coherencia y utilidad de cincelar de este modo el espacio constitucional de implementación. Argumenta que suplementar la interpretación constitucional con la noción de construcción constitucional no salva al originalismo de los muchos cuestionamientos que enfrenta; que la distinción entre la determinación del significado lingüístico y la construcción de tests o reglas jurídicas no es particularmente útil; y que la distinción más clara en este ámbito es la que distingue entre la determinación del significado o contenido jurídico de un texto y la formulación de doctrina para implementar o administrar ese significado jurídico. Ésa es la distinción que fundamenta la distinción que yo y otros académicos hemos trazado con anterioridad entre “proposiciones constitucionales operativas” y “reglas constitucionales de decisión.”. (shrink)

Reality medical television, an increasingly popular genre, depicts private medical moments between patients and healthcare providers. Journalists aim to educate and inform the public, while the participants in their documentaries—providers and patients—seek to heal and be healed. When journalists and healthcare providers work together at the bedside, moral problems precipitate. During the summer of 2010, ABC aired a documentary, Boston Med, featuring several Boston hospitals. We examine the ethical issues that arise when journalism and medicine intersect. We provide a framework (...) for evaluating the potential benefits and harms of reality medical television, highlighting critical issues such as informed consent, confidentiality, and privacy. (shrink)