In the Netherlands, Forensic Flexible Assertive Community Treatment is used as a specialized form of outpatient intensive treatment. This outreaching type of treatment is aimed at patients with severe and long lasting psychiatric problems that are at risk of engaging in criminal behavior. In addition, these patients often suffer from addiction and experience problems in different areas of their life. The aim of this exploratory study was to gain more insight into the characteristics of the ForFACT patient population. More (...) knowledge about these patients may enhance the effectiveness of ForFACT and therefore reduce the risk of recidivism. Data on 132 ForFACT patients were gathered by studying electronic patient records, criminal records, and by conducting semi-structured interviews with practitioners and patients. Additionally, as part of a cognitive screening, two screening instruments were conducted to gain insight into intelligence and possible mild cognitive impairments. This article gives a broad description of the ForFACT patient population, including demographic data and context variables, diagnostics, recidivism risk and offense history, and aspects related to care. Furthermore, several recommendations are given to further improve ForFACT. Based on the results it can be concluded that the ForFACT patient population shows a high degree of diversity in complex care needs and responsivity issues. Therefore, this article highlights the necessity for ForFACT to collaborate with other mental health institutions, as well as probation officers, and forensic or criminal justice institutions. Moreover, it is important to continually check the inclusion and exclusion criteria when admitting patients to ForFACT, and to examine whether ForFACT is still the most adequate care for patients or if they need to be referred. In addition, the results emphasize the importance of cognitive screening for forensic outpatients. Finally, this study zooms in on the interface between forensic psychiatric care and general mental health care. (shrink)

Our premise is that ethics is the essence of good forensic practice and that mental health professionals must adhere to the ethical principles, standards, and guidelines of their professional bodies when they communicate their findings and opinions. We demonstrate that adhering to ethical principles can improve the quality of forensic reports and communications. We demonstrate this by focusing on the most basic principles that underlie professional ethical standards and guidelines, namely, Fidelity and Responsibility, Integrity, Respecting Rights and Dignity (...) of Persons, and Justice and Fairness. For each principle we offer a brief definition and explain its demands. Then we identify ways in which the principle can guide the organization, content, or style of forensic mental health report writing, offering illustrative examples that demonstrate or abuse the principle. (shrink)

This study investigated the circumstances and problems that departments of forensic medicine encounter with bereaved families regarding samples obtained from medico-legal autopsies. A questionnaire was posted to all 76 departments of forensic medicine performing medico-legal autopsies in Japan, and responses were received from 48 . Of the respondents, 12.8% had approached and communicated with bereaved families about collecting samples from the deceased person during an autopsy and the storage of the samples. In addition, 23.4% of these had informed (...) families that samples might be used in research. Eighteen departments had received enquiries and requests from families about the samples, with most requests concerning their return. The response to such requests varied according to the department. Few departments interacted with the bereaved families regarding the procedure for obtaining autopsy samples, and their methods for handling family concerns differed depending on the person within the department authorised to contact the family. Moreover, the procedures for engaging in such communication have long been unclear, and no legal or ethical consensus or agreement with the general public has been established. It is important for researchers to further discuss the correct way for forensic medicine departments to communicate with bereaved families. (shrink)

Based on an ethnographic study of fingerprint and DNA evidence practices in the Swedish judicial system, this article analyses the materialization of forensic evidence. It argues that forensic evidence, while popularly understood as firmly rooted in materiality, is inseparably technoscientific and cultural. Its roots in the material world are entangled threads of matter, technoscience and culture that produce particular bodily constellations within and together with a particular sociocultural context. Forensic evidence, it argues further, is co-materialized with crimes (...) as well as with particular bodily and social constellations. Consequently, the article suggests that an analysis of how forensic evidence is produced can contribute to feminist understandings of the inseparability of sex and gender: understanding bodies as ongoing technoscientific-material-cultural practices of materialization may be a fruitful approach to analysing their complexity, and the relationships in which they are placed, without surrendering to either cultural or biological determinism. Taking a theoretical point of departure not only in an STS-informed approach, but also in material feminist theorizations, the article also underlines that the suggested theoretical conversations across borders of feminist theory and STS should be understood as a two-way-communication where the two fields contribute mutually to each other. (shrink)

Managing aggression in mental health hospitals is an important and challenging task for clinical nursing staff. A majority of studies focus on the perspective of clinicians, and research mainly depicts aggression by referring to patient-related factors. This qualitative study investigates how aggression is communicated in forensic mental health nursing records. The aim of the study was to gain insight into the discursive practices used by forensic mental health nursing staff when they record observed aggressive incidents. Textual accounts were (...) extracted from the Staff Observation Aggression Scale-Revised (SOAS-R), and Fairclough’s Critical Discourse Analysis was used to identify short narrative entries depicting patients and staffs in typical ways. The narratives contained descriptions of complex interactions between patient and staff that were linked to specific circumstances surrounding the patient. These antecedents, combined with the aggression incident itself, created stereotyping representations of forensic psychiatric patients as deviant, unpredictable and dangerous. Patient and staff identities were continually (re)produced by an automatic response from the staff that was solely focused on the patient’s behavior. Such response might impede implementation of new strategies for managing aggression. (shrink)

Two books by Eyal Weizman — written together one with Thomas Keenan and the other with Matthew Fuller – make it possible to take a retrospective look at what was initially presented as ‘forensic aesthetics’ and has now been brought back to the proceedings of an ‘investigative aesthetics’. Considered as a whole, forensic _and_ investigative aesthetics is one of the most interesting perspectives opened up in the field of aesthetics in this early part of the 21st century. It (...) is a synthesis that brings together a series of disparate demands that have emerged on the social, political and philosophical levels with the thought of difference and with the questioning of the centrality of Western culture, sometimes confronted with its claims to colonial domination, sometimes dragged into contradictions that verge on caricature. The challenge of forensic, investigative aesthetics consists in rediscovering precisely at the aesthetic level the opportunities for a common feeling (“aesthetic commons”) in order to create a shared space beyond the classic distinction between the private and public spheres. Investigative and forensic aesthetichs focuses on the constitution of material culture, in particular on the production of images and their processual, constructive nature. Therefore, a critical approach becomes also a political proposition relying on the legibility of creative processes and offering to multiple communities formed on a case-by-case basis not the already constituted truth of a final evidence, an image for example, but precisely the formation process of a common sense. The undertaking is ambitious. Reconstructing some of its steps can be useful to determine its aspirations and better understand its theoretical path. (shrink)

In an Internet of Things (IoT) environment, IoT devices are typically connected through different network media types such as mobile, wireless and wired networks. Due to the pervasive nature of such devices, they are a potential evidence source in both civil litigation and criminal investigations. It is, however, challenging to identify and acquire forensic artefacts from a broad range of devices, which have varying storage and communication capabilities. Hence, in this paper, we first propose an IoT network architecture (...) for the forensic purpose that uses machine learning algorithms to autonomously detect IoT devices. Then we posit the importance of focusing on the links between different IoT devices (e.g. whether one device is controlled or can be accessed from another device in the system), and design an approach to do so. Specifically, our approach adopts a graph for modelling IoT communications’ message flows to facilitate the identification of correlated network traffic based on the direction of the network and the associated attributes. To demonstrate how such an approach can be deployed in practice, we provide a proof of concept using two IoT controllers to generate 480 commands for controlling two IoT devices in a smart home environment and achieve an accuracy rate of 98.3% for detecting the links between devices. We also evaluate the proposed autonomous discovering of IoT devices and their activities in a TCP network by using real-world measurements from a public dataset of a popular off-the-shelf smart home deployed in two different locations. We selected 39 out of 81 different IoT devices for this evaluation. (shrink)

BackgroundMental health professionals (MHP) working in court-mandated treatment settings face ethical dilemmas due to their dual role in assuring their patient’s well-being while guaranteeing the security of the population. Clear practical guidelines to support these MHPs’ decision-making are lacking, amongst others, due to the ethical conflicts within this field. This qualitative interview study contributes to the much-needed empirical research on how MHPs resolve these ethical conflicts in daily clinical practice. Methods31 MHPs working in court-mandated treatment settings were interviewed. The interviews (...) were semi-structured and our in-depth analysis followed the thematic analysis approach.ResultsWe first outline how mental health professionals perceive their dual loyalty conflict and how they describe their affiliations with the medical and the justice system. Our findings indicate that this positioning was influenced by situational factors, drawing the MHPs at times closer to the caring or controlling poles. Second, our results illustrate how participating MHPs solve their dual loyalty conflict. Participants considered central to motivate the patient, to see the benefits of treatment and its goals. Further, transparent communication with patients and representatives of the justice system was highlighted as key to develop a trustful relationship with the patient and to manage the influences from the different players involved. ConclusionsEven though individual positioning and opinions towards dealing with the influences of the justice system varied, the results of our research show that, in spite of varying positions, the underlying practice is not very different across participating MHPs. Several techniques that allow developing a high-quality therapeutic alliance with the patient are key elements of general psychotherapy. Transparency appears as the crucial factor when communicating with the patient and with representatives of the justice system. More specifically, patients need to be informed since the beginning of therapy about the limits of medical confidentiality. It is also recommended to develop guidelines that define the level of detailed information that should be disclosed when communicating with the authorities of the justice system. (shrink)

Cybercrime has increased significantly, recently, as a result of both individual and group criminal practice, and is now a threat to individuals, organisations, and democratic systems worldwide. However, cybercrime raises two main challenges for legal systems: firstly, because cybercriminals operate online, cybercrime spans beyond the boundaries of specific jurisdictions, which constrains the operation of the police and, subsequently, the conviction of the perpetrators; secondly, since cybercriminals can operate from anywhere in the world, law enforcement agencies struggle to identify the origin (...) of the communications, especially when obfuscation strategies are used, e.g. dark web fora. Nevertheless, cybercriminals inherently use language to communicate, so the linguistic analysis of suspect communications is particularly helpful in deterring cybercriminal practice. This article reports the potential of forensic translation in the fight against cybercrime. Although the term ‘forensic translation’ is typically understood as a synonym of ‘legal translation’, it is argued that the implications of forensic translation span beyond those of legal translation, to include analyses of language rights, of the right to interpretation and translation in legal procedures (in the EU), or even investigative and intelligence practices. Translation is a pervasive activity that is conducted, not only by professional translators, but also by lay speakers of language, often using machine translation systems. The ease of use of the latter makes it particularly suitable for cross-border criminal (e.g. extortion or fraud) and cybercriminal communications (e.g. cybertrespass, cyberfraud, cyberpiracy, cyberporn or child online porn, cyberviolence or cyberstalking). This article presents the results of the analysis of cybercriminal communications from a forensic translation perspective. It demonstrates that translation is frequently used to spread cybercriminal communications, and that reverse-engineering the translational procedure will assist law enforcement agencies in narrowing down their pool of suspects and, consequently, deter cybercriminal threats. (shrink)

A moral dilemma exists in biomedical research relating to the use of animal or human tissue when conducting scientific research. In human ethics, researchers need to justify why the use of humans is necessary should suitable models exist. Conversely, in animal ethics, a researcher must justify why research cannot be carried out on suitable alternatives. In the case of medical procedures or therapeutics testing, the use of animal models is often justified. However, in forensic research, the justification may be (...) less evident, particularly when research involves the infliction of trauma on living animals. To determine how the forensic science community is dealing with this dilemma, a review of literature within major forensic science journals was conducted. The frequency and trends of the use of animals in forensic science research was investigated for the period 1 January 2012–31 December 2016. The review revealed 204 original articles utilizing 5050 animals in various forms as analogues for human tissue. The most common specimens utilized were various species of rats, pigs, mice, and rabbits although different specimens were favored in different study themes. The majority of studies were conducted on post-mortem specimens. It is, however, evident that more needs to be done to uphold the basic ethical principles of reduction, refinement and replacement in the use of animals for research purposes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.1 (2005) 27-29 [Access article in PDF] Community, Consciousness, and Dynamic Self-Understanding Marya Schechtman Keywords consciousness, unconscious, self-understanding, embedded consciousness, personal identity I would like to thank both of my commentators for their generous and insightful comments. After an extremely clear and accurate summary of my position, Grant Gillett suggests that it should be supplemented with a recognition that the self-understanding I describe is rooted (...) in culture and social practice. I agree wholeheartedly with the need for such a supplement. In this paper, I try to switch from the emphasis on contents of consciousness found in traditional developments of the Lockean insight to an emphasis on the fact of reflective self-consciousness, which I think better captures what seems right in Locke's view. My suggestion is that we take up Locke's claim that the essential feature of personhood is awareness of oneself as a self, and understand this self-awareness in terms of an implicit demand for intelligibility in one's conscious experience. Considering oneself as a self requires that one view one's current state not as a free-standing moment that might or might not be related in appropriate ways to the states of a freestanding past or future self, but rather as part of an unfolding life story. This involves, among other things, an acknowledgment of our obligation to questions such as: "Why do I feel this way?" or "Why am I doing this?" Being a self involves holding oneself accountable for what one is doing and feeling. In this case the accountability is to oneself.The possibility of being accountable to oneself obviously depends, however, on a cultural context in which there is such a thing as accountability to others. It is only against a backdrop where others may call for an explanation of one's behavior or speech—and where not all explanations count as legitimate—that one can demand intelligibility from oneself. Children must be socialized into personhood by learning the right questions to ask about how their lives hang together, and what kinds of answers count as answers to those questions. Person, in Locke's sense, is a normative and forensic term, and is therefore inherently bound up with public standards. My point here is the somewhat limited claim that the attitude toward our own lives and experience, which is self-constituting, giving us a sense of ourselves as persisting beings, will involve this kind of accountability to oneself. I agree, however, that the tools for achieving this sort of attitude come in with mother's milk and early socialization. A fuller development of my claim thus [End Page 27] requires much more discussion of the role of culture and society in self-constitution. I begin such a discussion in my Constitution of Selves (1996), and hope to take it up in more detail in future work.Markus Heinimaa (2005) wonders if I have gone far enough in rejecting traditional approaches to the problem of personal identity. Although I say that the perceiver-self is not a homunculus, I do talk about it as if it is an entity, and about the unconscious as if it is a place inside this entity where psychological states can hide. Heinimaa's suggestion is that both the perceiver self and the unconscious are unnecessary complications, and that I can achieve my goal without them. Locke's insight can be better (or at least as well) captured, he suggests, with a kinetic view of the person as a process of self-understanding. These challenges are well taken. Although I cannot fully answer them here, perhaps I can clarify my position somewhat, and in so doing motivate some of my assumptions.I begin with my assumption of unconscious mental states and processes. My discussion starts from the idea that there are considerations pulling us toward the claim that the person must be identified with consciousness, and also considerations pulling us toward the view that the person must be more than conscious experience. The first set of considerations is laid out in some detail in... (shrink)

The currently evolving debate over ethical and legal approaches to DNA data banks reflects, in part, shifting societal perceptions of dividing lines between humanity and commodity, definitions of genetic inheritance between individuals and families, and the rights of the individual versus the rights of the community. Tensions arise whether the data bank has been created for medical or for forensic purposes. The authors, through their work as community activists described more fully below, have come to realize that the key (...) to resolving these tensions and developing ethically acceptable DNA data bank practices is meaningful community engagement. Not unlike medical DNA data banks, personally identifiable DNA samples are routinely retained by states long after a convict's or arrestee's DNA profile has been derived from it and entered into the state database. The question arises, then, as to what, if any, non-forensic uses can these samples – ethically – be put. (shrink)

Over the past thirty years or so, theoretical work in such fields as legal semiotics and law and literature has argued that the legal process is profoundly rhetorical. At the same time, a number of communication-based disciplines such as semiotics, sociolinguistics and linguistic anthropology have provided, particularly in interdisciplinary combination with law, a wealth of empirical evidence on, and insight into, the micro-contexts of language and communication in the legal process. However, while these invaluable nitty-gritty analyses provide empirical (...) support for a rhetorical thesis, work in these areas has tended to ignore rhetoric as an explanatory principle. This article introduces an overarching rhetorical framework for the discursive construction and management of cases in contemporary Anglo-American legal processes. Taking ‘forensic’ as relating to the conduct of cases and ‘discourse’ as semiosis-in-practice, I argue that the practices within which forensic discourse is embedded are not, as the received legal view would have it, aimed at revealing an impartial truth but are deeply rhetorical practices aimed at persuading decision-makers to provide a remedy for a claimed wrong. By looking across forensic texts and contexts, I identify common elements of forensic discourse that can be found both in classical forensic orations and throughout the modern legal process and consider how these intersect with critical forces of agency and structure and the particularities of semiosis in situated context. An awareness of commonalities across forensic discourse can help sharpen our focus on the critical causes and consequences of individual and structural difference and point to consequential suggestions for reform. (shrink)

This article is about the governance of expectations of forensic DNA phenotyping (FDP) innovations in Germany used for the prediction of human externally visible traits such as eye, hair, and skin color, as well as biological age and biogeographic ancestry. In 2019, FDP technologies were regulated under the label “extended DNA analysis”. We focus on the expectations of members of the forensic genetics’ community in Germany, in anticipation and response to those of regulators who advocated for such technologies. (...) Confronted with regulators’ expectations of omnipotent technologies and the optimistic promise that they will enhance public security, forensic geneticists responded with attempts to adjust such expectations, specifying limits and risks, along with a particular logic sorting matters of concern. We reflect on how forensic geneticists’ govern expectations through forms of distributed anticipatory governance, delimiting their obligations, and distributing accountability across the criminal justice system. (shrink)

Drawing on Brown and Fraser’s (in: Giles, Scherer (eds) Social markers in speech, Cambridge University Press, Cambridge, pp 33–62, 1979) framework for the analysis of communicative situations and Fuentes Rodríguez’s (Lingüística pragmática y Análisis del discurso, Arco Libros, Madrid, 2000; in Estudios de Lingüística: Investigaciones lingüísticas en el siglo XXI, 2009. https://doi.org/10.14198/ELUA2009.Anexo3.04 ) model of pragmatic analysis, this paper examines three home-made recordings featuring some of the members of the terrorist cell responsible for the 2017 vehicle-ramming attacks in Barcelona and (...) Cambrils weighted as evidence during the trial held between November 2020 and May 2021 in the Spanish National High Court. The aim of this qualitative analysis is to test whether the linguistic evidence available supports the allegation that the participation in these recordings by one of the accused, Mohamed Houli Chemlal, had been planned by his interlocutors. Results show, first, that the exchanges analyzed present features indicative of both spontaneity and (limited) planification. Second, that Houli makes key contributions to the unfolding of the interactions shown in the recordings and that he does so in a cooperative and apparently relaxed manner, which could at best provide only partial support to his allegations. It is claimed that forensic linguistic analysis can generate valuable insights within terrorism-related legal proceedings. (shrink)

IntroductionNowadays, biotechnology has a significant influence on different aspects of human life. The applications of biotechnology are so broad, and the advantages so compelling, that virtually every industry is using this technology. Developments are under way in areas as diverse as pharmaceuticals, diagnostics, textiles, aquaculture, forestry, chemicals, household products, environmental cleanup, food processing, and forensics, to name a few. Biotechnology is enabling these industries to make new or better products, often with greater speed, efficiency, and flexibility. Biotechnology is any technological (...) application that uses biological systems, living organisms, or derivatives thereof to make or modify products or processes for specific use. It applies the knowledge of biology to enhance and improve the environment, health, and food supply. Using biotechnology, scientists work to develop environment-friendly alternatives to fossil fuels and plastics; new medicines, vaccines, and. (shrink)

Emojis have been appearing more and more frequently in court cases since at least 2015, used as evidence for or against intent to commit a crime or as signs of a defendant’s consciousness of guilt. They have also become part of an ever-expanding visual lexicon of aggression used by individuals and gangs for making threats or planning criminal activities. This essay surveys relevant cases and studies since 2015 that concern this aspect of emoji communication—an aspect that was hardly anticipated (...) by the congeners of these picture words, who introduced them as communicative tools to foster benign interactions in the global village, not as weapons of violence and criminality. The main conclusions that can be extrapolated from the present review are as follows: emojis can, in fact, no longer be viewed merely as signs designed to engender congenial communication, as was intended by their inventors; they can no longer be excluded as evidence in courtrooms, given their penetration into everyday digital communications; and they require special attention by both legal and criminal investigative practices and institutions. The last point implies the need for a field that can be called simply “emoji forensics.”. (shrink)

Linguistic choices have different attributions beyond their literal meaning according to their contexts. This paper looks at the variations in the discourses seen in the written colonial agreements and treaties during the Malabar conquest. The study employs the archived documents of various discourses during this period as a part of power shifting from the local elites to the colonial power. It explores how power is intertwined in the linguistic choices of different communication files. The study employs a hybrid methodology (...) of forensic linguistics and legal history. The analysis progresses in two phases: i) the linguistic attributions of power in the communications between the local elites and the colonial authorities and ii) the comparative analysis of variations in the linguistic choices by the colonial authorities correlating their varying power positions over the given period. It explores the dynamics of the linguistic choices of the local elites initially as a powerful entity in communication with the colonial authorities. The analysis shows a variation in the linguistic choices of the colonial authorities that suggests how they are used to reflect the power positions on a scale from weaker to powerful along the timeline. The paper argues that the linguistic choices of the colonial communication files aided them in projecting their power to society and assisted as one of the tools for reiterating their power position in various contexts. (shrink)

Se presentan los resultados de una investigación cualitativa hermenéutica sobre la lingüística cognitiva y la lingüística aplicada, relacionadas con otras ciencias en un contexto específico de la comunidad científica especializada. Desde una visión integral y holística de las ciencias biomédicas y humanas, asimismo, se estudian los lenguajes técnico-científicos de la ciencia y de la tecnología para facilitar la interrelación cognitiva entre las diferentes disciplinas. Este estudio permite crear capacidades para evaluar el acervo léxico en contexto, útil para la transmisión y (...) la transformación del conocimiento en un lenguaje propio acorde a la exigencia del método científico. El objetivo consistió en indagar sobre la relación de la unidad léxica con su nexo cognitivo a una unidad terminológica de uso cotidiano en la información y en la comunicación académica de la práctica médico-legal forense. Los resultados establecen diferencia y precisan cierta comprensión de la significación de unidades léxicas ambiguas de mayor relevancia y frecuencia, utilizadas en este ámbito del conocimiento, en cuatro categorías de análisis; según las características propias de la disciplina en dialogo con otras ciencias en contexto. Se evidencia la importancia de educar durante el proceso enseñanza-aprendizaje significativo de la disciplina en contexto, desde la metalingüística del objeto de estudio dimensionado y relacionado con otros objetos de estudio, que permita el proceso cognitivo del lenguaje técnico-científico transdisciplinar, la apropiación social y la circulación del conocimiento aplicado a las prácticas médico legales integrales en relación entre la Psicofarmacología, la Psiquiatría, la Antropología y la Psicología, con las ciencias biomédicas y humanas. In this work results of a qualitive hermeneutic research about a cognitive and applied linguistic related to other sciences in an specific context of a given scientific community were presented, a technical and scientific language regarding science and technology was pointed out from an integral vision in order to facilitate cognitive relationship among different disciplines. This study also allows to create capacities in order to assess vocabulary in context, useful for the transmission and transformation of knowledge according to a scientific method. The objective was directed to know about the relationship between the lexical unit and its meaning in a given communicative context and in the academic communication of a medical - legal forensic practice. The importance of educate during the teaching learning process is also mentioned in this research and the main objective is to develop an assertive medical practice among Psychopharmacology, psychiatric, anthropology and psychology with biomedical and human sciences. (shrink)

Establishing common ground in police investigative interviews is essential in preventing misperceptions and miscommunications, to enable a witness’s best evidence to be collected. However eliciting a consistent account of an allegation from individuals with an Intellectual Disability (ID) is dependent on the skill of the interviewing police officer and the communicative competence of a witness with ID. Acknowledging the specialist nature of this process, the Youth Justice and Criminal Evidence Act in England and Wales allows trained intermediaries to facilitate (...) class='Hi'>communication between vulnerable individuals in legal settings such as forensic interviews. Intermediaries i.e., communication specialists, often recruit legally permitted low technology communication aids such as line drawings to facilitate interviews. Typically, common ground is established through shared attention and talk but this article uses multimodality Conversation Analysis to analyse the manner in which common ground in intermediary-mediated police interviews is established in other ways, i.e., firstly, through recruiting and using low technology communication aids in real interviews, and secondly through the embodied physical actions associated with manipulating those aids. Line drawings are examined here, enabling the answers given by witnesses with an ID to be semantically aligned with the questions being asked by the interviewing officers, by establishing common ground. Aids are shown to bypass documented difficulties with attention and staying on topic that individuals with ID typically experience, thus enabling them to verbally provide investigation-relevant evidence. (shrink)

The harm usually associated with psychopathy requires therapeutically, legally, and ethically satisfactory solutions. Scholars from different fields have, thus, examined whether empirical evidence shows that individuals with psychopathic traits satisfy concepts, such as responsibility, mental disorder, or disability, that have specific legal or ethical implications. The present paper considers the less discussed issue of whether psychopathy is a disability. As it has been shown for the cases of the responsibility and mental disorder status of psychopathic individuals, we argue that it (...) is undecided whether psychopathy is a disability. Nonetheless, based on insights from disability studies and legislations, we propose that interventions to directly modify the propensities of individuals with psychopathic tendencies should be balanced with modifications of the social and physical environments to accommodate their peculiarities. We also suggest how this social approach in some practical contexts that involve non-offender populations might be effective in addressing some of the negative effects of psychopathy. (shrink)

Ethical Considerations at the Intersection of Psychiatry and Religion aims to give mental health professionals a conceptual framework for understanding the role of R/S in ethical decision-making and serve as practical guidance for approaching challenging cases. Part I addresses general considerations, including the basis of therapeutic values in a pluralistic context, the nature of theological and psychiatric ethics, spiritual issues arising in diagnosis and treatment, unhealthy and harmful uses of religion, and practical implications of personal spirituality. Part II examines how (...) these considerations apply in specific contexts: inpatient and outpatient, consultation-liaison, child and adolescent, geriatric, disability, forensic, community, international, addiction and disaster and emergency psychiatry, as well as in the work of religious professionals, ethics committees, psychiatric education, and research. Thick descriptions of case examples analyzed using the framework of Jonson and Winslow show the clinical relevance of understanding the contributions of religion and spirituality to patient preferences, quality of life, decision making, and effective treatment. (shrink)

This book critically analyzes emerging issues and challenges in delivering timely justice to common people. It brings a wide range of contemporary and relevant issues relating to the gross violation of human rights and presents situation-based evidence from, and first-hand experiences of behavioral, social and legal professionals. It deals with themes such as holding administrations accountable and securing justice, challenges for the judiciary in the early disposal of cases, challenges to the forensic community, green federalism and environmental justice, current (...) threats to human rights, ethics in the criminal justice system and honor killing from socio-cultural perspectives. Topical and comprehensive, this book will be an excellent read for scholars and researchers of political studies, legal studies, human rights, psychology, behavioural studies, political sociology, sociology, development studies, governance and public policy, environmental studies and South Asian studies. It will also interest policymakers, nongovernmental organizations, activists and professionals in the field. (shrink)

This review discusses Harold Berman’s, Law and Language, published by Cambridge University Press in 2013. It locates this short book in relation to Berman’s extensive body of publications in international and comparative law, and asks what contribution the book’s recent, posthumous publication can make to current debates over approaches to forensic linguistics. Particular attention is given to Berman’s conceptualisation of law as a ‘living language’, as well as to his coining of the term ‘communification’ to describe the value of (...) legal-lay dialogue in building a public sense of community and in sustaining the legitimacy of legal systems. (shrink)

In this first of two articles on chanting and enchantment we introduce the problem of mass synchronisation via collective communicative action that works to eliminate or lessen independent and critical assessment. Chanting forges a singular ‘collective’ identity with little to no structure that would allow for logical tests such as falsifiability. We argue that this problem can be a fundamental threat to democratic polity, and we offer the Neo-Kantian theory of dimensional accrual and dissociation as an explanation. In Part 2, (...) we will continue with examples and a discussion of the confluence of philosophical examination and social scientific explanations. (shrink)

ZusammenfassungDurch eine Gesetzesänderung im Dezember 2019 ist im Rahmen von Strafermittlungsverfahren nunmehr der Einsatz des „Forensic DNA Phenotyping“, d. h. von Technologien zur Vorhersage von Haut-, Haar- und Augenfarbe sowie biologischem Alter, erlaubt. Dieser Beitrag diskutiert die Verlässlichkeit, Nützlichkeit und Legitimität von solchen Erweiterten DNATechnologien und damit die Rahmenbedingungen ihres Einsatzes in Deutschland. Dabei wird aufgezeigt wie kompliziert, fehleranfällig, voraussetzungsreich, anspruchsvoll und heikel der Einsatz dieser Technologien in Ermittlungen sein kann, wenn nicht entsprechende Vorkehrungen getroffen werden, und wenn sie (...) nicht auf umsichtig begleitete Einzelfälle beschränkt bleiben. Aufbauend auf dieser Analyse werden schließlich Maßnahmen für die Anwendung und Regulierung Erweiterter DNA-Technologien in Deutschland vorgeschlagen. (shrink)

It is well known that Bayes’ theorem (with likelihood ratios) can be used to calculate the impact of evidence, such as a ‘match’ of some feature of a person. Typically the feature of interest is the DNA profile, but the method applies in principle to any feature of a person or object, including not just DNA, fingerprints, or footprints, but also more basic features such as skin colour, height, hair colour or even name. Notwithstanding concerns about the extensiveness of databases (...) of such features, a serious challenge to the use of Bayes in such legal contexts is that its standard formulaic representations are not readily understandable to non-statisticians. Attempts to get round this problem usually involve representations based around some variation of an event tree. While this approach works well in explaining the most trivial instance of Bayes’ theorem (involving a single hypothesis and a single piece of evidence) it does not scale up to realistic situations. In particular, even with a single piece of match evidence, if we wish to incorporate the possibility that there are potential errors (both false positives and false negatives) introduced at any stage in the investigative process, matters become very complex. As a result we have observed expert witnesses (in different areas of speciality) routinely ignore the possibility of errors when presenting their evidence. To counter this, we produce what we believe is the first full probabilistic solution of the simple case of generic match evidence incorporating both classes of testing errors. Unfortunately, the resultant event tree solution is too complex for intuitive comprehension. And, crucially, the event tree also fails to represent the causal information that underpins the argument. In contrast, we also present a simple-to-construct graphical Bayesian Network (BN) solution that automatically performs the calculations and may also be intuitively simpler to understand. Although there have been multiple previous applications of BNs for analysing forensic evidence—including very detailed models for the DNA matching problem, these models have not widely penetrated the expert witness community. Nor have they addressed the basic generic match problem incorporating the two types of testing error. Hence we believe our basic BN solution provides an important mechanism for convincing experts—and eventually the legal community—that it is possible to rigorously analyse and communicate the full impact of match evidence on a case, in the presence of possible errors. (shrink)

Forensic authorship analysis is based on two assumptions: that every individual has a unique idiolect, and that features characteristic of that idiolect will recur with a relatively stable frequency. Yet, a speaker’s language can change with age, affective states, according to audience, or genre. Thus, studies on authorship analysis should adopt the theory that while some linguistic parameters of an idiolect can remain stable, others can change depending on various circumstances. This investigation, which takes a constructional and functional-based approach (...) to discourse-level phenomena in idiolectal stability, analyzes cross-genre data produced by nine Mexican participants throughout a twelve-year time span. This study contributes to a greater understanding of the linguistic elements that survive genre effects and are potentially useful in both investigative and evidential forensic linguistic work. We provide a detailed description of linguistic features, their specific values, and context-dependent interpretation, keeping in mind the context of expert linguistic testimony, with its preference for methods which “employ linguistically motivated analyses in combination with quantitative tools” (Solan & Tiersma, 2004, p.463). Our findings show that idiolectal style tends to remain stable across genres and communication modes in epistemic modality constructions. Epistemic markers —specifically, markers indicating low commitment by the speaker (e.g., _no sé_ ‘I don’t know’) or expressing indirectness when introducing the illocutionary force (e.g., _la verdad [es que]_ ‘the truth [is that]’)— display idiolectal stability, as these markers seem to be the most effective in terms of allowing speakers to strategically manifest the extent of their knowledge regarding what is said. (shrink)

This paper examines the representation of mental illness and mental disorder in the Washington Community Protection Act of 1990 (WCPA), the first package of sexual predator legislation passed in the United States. I focus on the public outcry over a violent crime committed by a repeat sexual offender, Earl Shriner, and show how the act was drafted in direct response to this outcry. Following his arrest, there was a public discussion of a) whether the state had a responsibility to cure (...) individuals like Shriner before releasing them, and b) whether sex offenders could be cured at all. The WCPA was a landmark law because it shifted forensic psychology in the use of sexual criminals from an intervention model to a containment model, from a model that sought to separate out those sexual criminals who could be treated to a model that separated out sexual criminals because they could not be treated. I demonstrate here that this shift was made in response to the representation of Earl Shriner as a member of a group classified by legislators as having a coherent, recognizable and untreatable mental disorder that caused them to commit acts of sexual violence. (shrink)

The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the (...) many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a 'must read' that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture and Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law's representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities and the Arts, Australian National University, Australia. (shrink)

The "Notes of Dr. Smith's Rhetorick Lectures," discovered in 1958 by a University of Aberdeen professor, consists of lecture notes taken by two of Smith's students at the University of Glasgow in 1762-1763. There are thirty lectures in the collection, all on rhetoric and the different kinds or characteristics of style. The book is divided into "an examination of the several ways of communicating our thoughts by speech" and "an attention to the principles of those literary compositions which contribute to (...) persuasion or entertainment." The species of communication discussed include descriptive and narrative (or historical) composition, poetry, demonstrative oratory, panegyric, didactic or scientific language, deliberative oratory, and judicial or forensic oratory. The subjects addressed in his teachings include the style and genius of some of the best of the ancient writers and poets, especially the historians and the English classics. (shrink)

The purpose of the present study is the understanding of Gentili's position on the law of the sea as expressed in his classic De iure belli . The key constitutive elements turn out to be: 1) the idea of the sea as 'res communis' to all mankind, which amounts to the concept of 'freedom of the sea'; 2) 'jurisdiction' of the coastal state on the adjacent sea, even on the high seas, in order to police crime and prevent/punish piracy. As (...) such these two key elements, if taken in isolation, are rooted in the civil law tradition, but their true meaning can only be captured by placing them in the intellectual framework of which they constitute an integral part. Firstly, the epistemic structure of discourse hinges on the new science of natural jurisprudence, as applied to the subject of 'ius gentium bellicum'; secondly, the constituent theoretical languages emanate from a distinctive combination of civil law, scholastic-theological and humanist traditions. This procedure enables us to highlight the strikingly original and distinctly modern traits of Gentili's perspective on the law of the sea, which emerges as a corollary of his project of international/global order. A project that is based on the crucial notion of 'respublica magna' of mankind, a notion encompassing the two notions of 'freedom' and 'jurisdiction' that constitute and define the legal regime of the sea.The Stoic humanist notion of universal human society as 'corpus unum' implies, first of all, 'freedom of intercourse', or 'ius communicationis', to start from 'free passage' and 'freedom of commerce'. It is in the context of his argument about these basic freedoms that Gentili is finally led to discuss the subject of the 'law of the sea'. But, not only the concept of 'res communis', or 'freedom of use', but also the concept of 'jurisdiction', or 'protection', are strictly related to the same foundational concept of 'respublica magna'. This is a crucial characteristic of Gentili's approach to world order that is proved by reference to two cardinal points of his new 'cosmopolitan justice': 1) the 'international right to punish', as exemplified by the legitimacy of the wars of 'humanitarian intervention' and of the wars in support of the 'common law of mankind'; 2) the 'occupation of vacant land', which again underlines the relevance of the principle of 'jurisdiction' by striking a balance between the principle of 'free use' of nature and the 'jurisdiction' of the local ruler.Such a reconstruction definitely rejects the traditional image of Gentili as a supporter of 'maritime protectionism', on the ground of his Advocatio Hispanica published posthumously in 1613 and containing his pleadings as Spanish advocate before the Court of Admiralty. The guiding assumption here is that the book is strictly of a forensic character and as such devoid of any coherent theoretical substance. To the contrary, in his De iure belli, far from anticipating the English position in favour of 'mare clausum', Gentili tends to anticipate the essentials of Grotius' position, especially at the level of the ethic of the 'modern cosmopolis' and the related theme of colonial empire. On this very plane of discourse, Gentili's thinking transcends the so-called battle of the books and emerges as especially significant in illuminating the wider and deeper intellectual currents that contributed to the development of what were to become basic standard positions of modern international theory. (shrink)

This study investigated how Paul’s Jewish background, including some elements of pre-rabbinical Jewish literature, influenced the letter to the Galatians with regard to the concept of adoption (υἱοθεσία) (Gl 4:1–7). As Paul was writing to a Gentile audience, wanting to persuade them to return to the true gospel, metaphors of adoption, embedded in the understanding of the Graeco-Roman household, became effective communication bridges to reach his audience. Within this framework, Israel’s God was depicted as the caring father of the (...) household, who through his son Jesus Christ redeems all human beings from the status of slaves to that of children with full rights of inheritance. Contribution: God’s redemption is not merely a forensic sense of justification but also the imagery of relationship in the household by which God does not merely set one free from sin by securing us through Jesus Christ into the society of the righteous, but also adopts us into his family. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

Increasingly artists have become political activists. Their work has taken on the shape of a criminal investigator. Where does this turn toward forensics come from? How do we understand it as a aesthetic practice? The words investigative and aesthetics seem like an uneasy match. But this book claims that expanded aesthetic practices can powerfully reshape our approach to the question of truth. Shifts in technology and new ways of thinking together offer a means of searching for facts and understanding them (...) anew. This book proposes that the current period is defined by new forms of "aesthetic power" composed both by sensing, detection and prediction and the torrential proliferation of images and data. To evade and oppose this form of state-corporate domination we can learn to join the dots between traces within our interwoven digital, built and natural environments. Investigative aesthetics can also enable new collaborative forms of verification. Rather than rely on official expertise it calls for an open process that combines the perspectives of communities exposed to state or corporate violence with those of artists, activists and scientists. This new practice takes place equally in the field, the art studio as in the scientific laboratory, online and in the streets, as it strives towards the construction of a new "common sensing". (shrink)

The main purpose of this paper is to explore the reasons Aristotle gives for being able to use rhetorical argumentation, which is obviously not a scientific mode of expression. This faculty which was condemned by Plato as lacking morality, is paradoxically regarded by Aristotle as necessary on moral grounds. For, according to him, it would be blameworthy to keep silent when being verbally assailed. The necessity of rhetoric is, however, more deeply founded. First, because justice has to be saved from (...) its enemies in the City's courts of law. Secondly, because everyone has to be convicted to follow in practice the rules of the City's laws and such a conviction, in the case of the multitude, cannot be obtained by the means of scientific arguments. Thirdly and above all, because, in forensic disputes, characteristics of free political societies, the demagogic power, which regularly leads to tyrannical regimes, can only be avoided by the weapons of rhetoric. From these explanations, one does see that rhetoric, for Aristotle, seems to be the necessary substitute for ancient and traditional instruments securing obedience to legal justice, i.e. myths and pure constraint or coercion. In civilized and free political communities, rhetoric is required for civilization and freedom. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:What’s His Story?Gwen Adshead (bio)Keywordsnarrative, violence, identityIn this commentary, I discuss three issues raised by Cartwright: whether and to what extent explanations from the past can adequately explain or excuse present actions, the nature of moral identity, and the notion of the moral community.I have often thought that psychiatrists and psychotherapists working with offenders have to be like writers of detective fiction. To make the story convincing, the writer (...) of detective fiction has to convey to the reader an understanding of the killer's motives. The successful writer enables the reader to appreciate the killer's reasons for killing; and these reasons offer to readers a tantalizing glimpse of what it might actually be like to be a violent and dangerous person; or more particularly, one who acts on their cruel and violent thoughts.Psychiatrists want to understand the reasons for their patient's violence, for several reasons (which probably include the voyeuristic pleasure that all humans seem to have at other people's disasters). However, the main reason is to do with prevention of future harm; if we understand the reasons that this happened, then we can take steps to make sure that it does not happen again. This view has been called the just world theory (Janoff Bulman 1989), which implies a world of predictable causes and reasons, where disasters occur because of an identifiable fault or omission that can be rectified with good result. The payoff of this view is that it gives the believer a sense of control, which after a disaster is important for maintaining confidence and self-esteem.The problem with this theory is that it presupposes that the world of human actions is essentially rational, and that people do things for reasons that make sense to them. However, much human cruelty has an irrational and unreasonable aspect to it; one that literally makes no sense. Cartwright's paper begins with a narrative about real people doing really dreadful things for no reasons that would ever satisfy the average detective story reader. Forensic mental health work is full of histories that are actually much stranger than any detective fiction.But it seems that humans are not happy with stories that do not make sense, even if senselessness is part of the natural world around them. As Cartwright indicates (see p. 150), when we hear about people like Robert Harris, we immediately move the field of inquiry from "Why did he do that?" to "Why is he like that?" With the rise of developmental psychology over the last 150 years, it has become natural to look at people's histories to see if this explains the person's present identity. In this sense, therefore, we seem to be natural Aristotelians, assuming that a man's character is revealed by his current actions: we also seem to be assuming that a man's character is an expression of past actions and events. [End Page 157]His-Story: Explaining the PresentIs this in fact the case? To what extent is it true that our identities are shaped by our past experiences? Even if this were the case, shaping is not the same as determining. There has always been a risk that developmental psychology will take up a similar position to genetics, with regard to explaining behavior; namely, that there are those who will try to argue that the presence of this, that, or the other gene, or this, that, or the other experience, both determines and "explains" the behavior. The moral point here is that when it comes to violent and antisocial behaviors, a person's past history is said to simultaneously explain the behavior, determine the behavior, and excuse it, by implying that the actor had no choice about what he did, given his past. This has been taken to an extreme in the US criminal courts, with what Dershowitz (1994) has called "the abuse excuse" (used most notably in the trial of the Menendez brothers, who killed their parents and claimed at the trial that their parents had abused them).Trials are about evidence, and it is worth considering the evidence about the effect of early childhood adversity... (shrink)

Context In response to outbreaks of vaccine‐preventable disease and increasing rates of vaccine refusal, some political communities have recently implemented coercive childhood immunization programs, or they have made existing childhood immunization programs more coercive. Many other political communities possess coercive vaccination policies, and others are considering developing them. Scholars and policymakers generally refer to coercive immunization policies as “vaccine mandates.” However, mandatory vaccination is not a unitary concept. Rather, coercive childhood immunization policies are complex, context‐specific instruments. Their legally and morally (...) significant features often differ, and they are imposed by political communities in varying circumstances and upon diverse populations. Methods In this paper, we introduce a taxonomy for classifying real‐world and theoretical mandatory childhood vaccination policies, according to their scope (which vaccines to require), sanctions and severity (which kind of penalty to impose on vaccine refusers, and how much of that penalty to impose), and selectivity (how to enforce or exempt people from vaccine mandates). Findings A full understanding of the operation of a vaccine mandate policy (real or potential) requires attention to the separate components of that policy. However, we can synthesize information about a policy's scope, sanctions, severity, and selectivity to identify a further attribute—salience —which identifies the magnitude of the burdens the state imposes on those who are not vaccinated. Conclusion Our taxonomy provides a framework for forensic examination of current and potential mandatory vaccination policies, by focusing attention on those features of vaccine mandates that are most relevant for comparative judgments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Prophecy without Contempt: Religious Discourse in the Public Square by Cathleen KavenyKyle LambeletProphecy without Contempt: Religious Discourse in the Public Square Cathleen Kaveny CAMBRIDGE, MA: HARVARD UNIVERSITY PRESS, 2016. 464 PP. $49.95"The American public square is not a seminar room" (419). This being the case, Cathleen Kaveny's Prophecy without Contempt challenges ethicists, among others, to reconsider the rhetoric of moral address. Rather than a narrow focus on deliberation, (...) Kaveny commends attention to the genre of indictment, and particularly the American jeremiad, as a significant mode of moral address that deserves normative analysis. Kaveny is no partisan of prophecy. But she offers moral and rhetorical criteria of prophetic speech that allow the genre to do its indispensable work.Kaveny's book proceeds in four parts. In the first part she sets the stage for her argument by surveying three prominent accounts of the status of public moral discourse, critiquing each yet drafting them all into a more global [End Page 195] critique of the failure to take into account the central significance of the rhetoric of prophetic indictment. Correcting this neglect in the second part, Kaveny executes a historical retrieval of the American jeremiad, beginning with early Puritan preachers of the Massachusetts Bay Colony. The point of her at times plodding historical reconstruction is that the jeremiad was not originally socially divisive but rather served to build up the community by calling listeners back to a commonly agreed-on covenant. This uniting function of the jeremiad fails in later generations. Some readers will worry that Kaveny's retrieval risks nostalgia insofar as it conforms to a MacIntyrian declension narrative in which golden origins were irreplaceably fractured.This risk, however, is mitigated by the third and fourth parts of the book, in which Kaveny turns to constructive ethics. She argues that the forensic rhetoric of prophetic indictment should be understood as a chemotherapy. It should not be confused with deliberation, the normal form of moral address. Yet, like chemotherapy, used in the right amount it can restore an ailing patient to health. As we have come to expect, Kaveny is especially adept at taking the moral frameworks developed in one sphere and applying them to another. Trading medical analogies for military, Kaveny argues that best practices of ius bellum verborum can be developed from just war criteria. She adds to these rhetorical constraints that prophetic critique be offered against one's own people with whom one identifies through lamentation and hope. Kaveny concludes with advocacy of prophetic humility and irony as necessary elements of prophetic speech in our pluralistic contemporary context.Although written in accessible prose, Kaveny's book deserves rigorous scholarly engagement. She constructs her argument with the gracious interdisciplinarity of a leading scholar of law and theology at the height of her powers. She is methodologically promiscuous but never shallow, drawing on scholarly fields of moral philosophy, biblical studies, American religious history, in-depth case analysis of contemporary arguments about abortion and torture, and historical paradigms of prophetic virtue (and vice). While scholars in each of these fields will find claims worth engaging in Kaveny's text, ethicists will be particularly interested in her argument for a constrained, continuing need for prophetic indictment.My one critique is that her account of prophetic rhetoric is too conservative. Based on her historical retrieval, Kaveny argues that indictment should serve only to call listeners back to an already agreed-on covenant. It is undoubtedly the case, however, that Kaveny's exemplars of indictment such as Jonah, Lincoln, and King innovated and developed the covenant, even as they invoked it. This complaint aside, Kaveny's book is a major contribution to contemporary conceptualizations of the public square, and stands poised to open new directions for moral analysis of religious actors in pluralistic publics. [End Page 196]Kyle LambeletNotre Dame UniversityCopyright © 2017 Society of Christian Ethics... (shrink)

No one has the right to say what should be done to their body after deathIn my opinion any concept of property in the human body either during life or after death is biologically inaccurate and morally wrong. The body should be regarded as on loan to the individual from the biomass, to which the cadaver will inevitably return. Development of immunosuppressive drugs has resulted in the cadaver becoming a unique and invaluable resource to those who will benefit from organ (...) donation. Faced with the biological reality, the moral error of any concept of property in the body, and the quantitative failure of voluntary organ donation, I believe that the right of control over the cadaver should be vested in the state as representative of those who may benefit from organ donation.How one regards the dead human body, the cadaver, is in part governed by one’s familiarity with it. At the present time, very few people ever see a cadaver which has not in some way been altered after death, and even fewer touch, handle, deal in any way with the dead human body. In developed countries, death itself most frequently occurs away from the home, in an institution, under the supervision of professional caregivers. For most people, ideas concerning the cadaver, its nature, the proper way to deal with it, are formed under these conditions.As a pathologist specialising in forensic pathology, for 50 years I have been at the other end of the spectrum of experience. In my daily work I have been privileged to examine the cadaver in all its stages after death from the immediate postmortem moments through all the stages of decomposition to bare bones. Working in a relatively small community, I have sometimes been charged with examining the body of someone I …. (shrink)

Psychopaths are often regarded as a scourge of contemporary society and, as such, are the focus of much public vilification and outrage. But, arguably, psychopaths are both sinned against as well as sinners. If that is true, then their status as the victims of abusive subcultures partially mitigates their moral responsibility for the harms they cause. We argue, from the neuroethics of psychopathy and antisocial personality disorder (ASPD), that communities have a moral obligation to psychopaths as well as a case (...) against them. A reflection on the genesis and developmental epidemiology of psychopathy reveals an individualist, attribution-type error evident in much Western psychological and legal thinking—an error that obscures important moral truths about psychopaths. The resulting analysis makes us reconsider the distinction between disorders and moral failings and the ethical significance of the biological or neurocognitive mechanisms underpinning psychopathy. We claim that casting aside the deficit model (based on the presupposition that psychopaths are intrinsically unlike the rest of us) in favor of a relational and holistic view of personality potentiates a more informed and inclusive set of ethical, forensic, and therapeutic attitudes. (shrink)

In contemporary sociology, there has been significant interest in the idea of mobility, the decline of the nation state, the rise of flexible citizenship, and the porous quality of political boundaries. There is much talk of medicine without borders and sociology without borders. These social developments are obviously linked to the processes of globalization, leading some to argue that we need a `sociology beyond society' in order to account for these flows and global networks. In this article, I propose an (...) alternative analysis. There are important developments involving the securitization of modern societies that create significant forms of immobility. One striking illustration is the increasing use of walls to quarantine or secure territories and communities against outsiders or to regulate the flow of migrants in Israel, in Europe and along the Mexican-US border. Modern societies are in particular characterized by a deep contradiction between the economic need for labour mobility and the state's political need to assert sovereignty. Gated societies, ghettoes, quarantine zones, prisons, camps and similar arrangements are in many respects pre-modern institutions of spatial regulation for political ends. Contemporary technical developments in biomedicine offer new opportunities for political control and spatial regulation in terms of forensic policing, bio-tattooing and bioprofiling. Globalization paradoxically produces significant forms of immobility for political regulation of persons alongside the mobility of goods and services. (shrink)

Argumentation theory is a distinctly multidisciplinary field of inquiry. It draws its data, assumptions, and methods from disciplines as disparate as formal logic and discourse analysis, linguistics and forensic science, philosophy and psychology, political science and education, sociology and law, and rhetoric and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since it is even for those active in the field not common to have acquired a familiarity with relevant aspects (...) of each discipline that enters into this multidisciplinary matrix. This book offers its readers a unique comprehensive survey of the various theoretical contributions which have been made to the study of argumentation. It discusses the historical works that provide the background to the field and all major approaches and trends in contemporary research. Argument has been the subject of systematic inquiry for twenty-five hundred years. It has been graced with theories, such as formal logic or the legal theory of evidence, that have acquired a more or less settled provenance with regard to specific issues. But there has been nothing to date that qualifies as a unified general theory of argumentation, in all its richness and complexity. This being so, the argumentation theorist must have access to materials and methods that lie beyond his or her "home" subject. It is precisely on this account that this volume is offered to all the constituent research communities and their students. Apart from the historical sections, each chapter provides an economical introduction to the problems and methods that characterize a given part of the contemporary research program. Because the chapters are self-contained, they can be consulted in the order of a reader's interests or research requirements. But there is value in reading the work in its entirety. Jointly authored by the very people whose research has done much to define the current state of argumentation theory and to point the way toward more general and unified future treatments, this book is an impressively authoritative contribution to the field. (shrink)

Purpose Privacy has been understood as about one’s own information, information that is not one’s own is not typically considered with regards to an individual’s privacy. This paper aims to draw attention to this issue for conceptualizing privacy when one’s privacy is breached by others’ information. Design/methodology/approach To illustrate the issue that others' information can breach one's own privacy, this paper uses real-world applications of forensic genealogy and recommender systems to motivate the discussion. Findings In both forensic genealogy (...) and recommender systems, the individual’s privacy is breached by information that is not one’s own. The information that breached one’s privacy, by its nature, is beyond the scope of an individual, which is a phenomenon that has already been captured by emerging discussions about group privacy. This paper further argues that the underlying issue reflected by the examples of forensic genealogy is an extreme case even under the consideration of group privacy. This is because, unlike recommender systems that rely on large amounts of data to make inferences about an individual, forensic genealogy exposes one’s identity by using only one other individual’s information. This paper echoes existing discussions that this peculiar situation where others’ information breaches one’s own privacy reveals the problematic nature of conceptualizing privacy relying only on individualistic assumptions. Moreover, this paper suggests a relational perspective as an alternative for theorizing privacy. Originality/value This situation that others’ information breached one’s own privacy calls for an updated understanding of not only privacy but also the relationship between the person and their information. Privacy scholars need to renew their ethical language and vocabularies to properly understand the issue, which recent privacy conceptualizations are already doing (e.g. group privacy). (shrink)

The qualities of Abraham's God, as tradition has them, are personal presence and guidance, a God who makes and keeps promises, who “covenants” with him and communicates with him directly; and who acts justly, not in a forensic sense but in a practical way.

Photography has become a pervasive component of contemporary communication. Recent technological advances in creating and manipulating images have provided renewed impetus to decades-long debates on use of photographs in science. With increase in the potential for inappropriate image manipulation, fears about misrepresentation have heightened concern among journal editors and scholars about the 'accuracy' of published images. We discuss how science has responded to growing concerns surrounding falsification and inaccuracy of photography. We document progress in implementing a variety of complementary (...) approaches to addressing the problem. These include digital forensics, photo member checking and the implementation of codes of ethics to enhance the veracity of published photographs in science research. We conclude by acknowledging the irreducible conflict likely to remain between use of the photograph as a creative work of art and employment of this medium as a source of information in the progress of science. (shrink)

social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. -/- To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the communities (...) that are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners. (shrink)