An earlier version of this paper was presented at the 2011 IEEE International Symposium on Technology and Society at Saint Xavier University in Chicago, Illinois. This paper describes a proposed mobile platform, Transafe, that captures and analyses public perceptions of safety to deliver 'crowdsourced' collective intelligence about places in the City of Melbourne, Australia, and their affective states at various times of the day. Public perceptions of crime on public transport in Melbourne are often mismatched with actual (...) class='Hi'>crime statistics and such perceptions thus can act as social barriers to visitors and locals traversing within and through the city. Using interactive mobile applications and social media, the visualization of this crowdsourced safety perception information will increase the commuter's awareness of various situations in the City of Melbourne. In addition, through social behavioral analysis and ethnographic research, the collective public intelligence will also help inform the stakeholders of the city for future policy-making and policing strategies for safety perception management. At the centre of the proposed platform is the design and development of a mobile phone application that can contribute to people feeling safer by supporting users to report crimes and misdemeanors that they witness, and provide information about transportation and emergency services around where the users are located. The proposed application can also act as a crime deterrent with one feature that enables user tracking by up to three nominated friends if the user opts to activate tracking when feeling unsafe while roaming the city. (shrink)

The way digital news platforms represent migration issues can significantly impact intergroup relations and policymaking. A recurring question in the debate on the role of news platforms is whether they merely transmit information on migration, or actively hype specific issues. Drawing on a comprehensive set of socioeconomic statistics on migrants in Denmark, and employing a longitudinal automated content analysis of migration news content, we utilize time-series analysis to understand how four distinct categories of threat (security, economic, cultural, and generalized) relate (...) to socioeconomic data on terror attacks, migrant crime levels, economic performance, and demographic trends. The results reveal a direct effect of terror attacks, economic performance, and demographic trends on migration news. We discuss the implications of socioeconomic and demographic developments as factors in digital media content to understand the role of media and substantiate contemporary debates. (shrink)

The article reviews the peculiarities of distance learning platforms usage in law enforcement educational institutions during the Covid-19 pandemic. Distance learning at U.S. Federal Law Enforcement Training Center, which is based on the Online Campus have been substantiated. Particular attention is paid to topical issues of training on such online training mod-ules of the Campus: crime scene, driving training, drugs, firearms, health, interviews, investigation, law, topography, maritime training, personal security, technical means, terrorism, stopping vehicles, etc. There are also programs (...) to study the courses "Small Arms" and "Use of Force" in the online training modules of the Campus. The specifics of professional training of border guards in Asian countries have been revealed: the use of platforms of law enforcement agencies; focus of training on the devel-opment of basic competencies and the ability to solve problem situations; the opportunity to take online courses for all categories of staff at a con-venient time; creation of a three-level round-the-clock system of functioning of training of specialists. Peculiarities of professional training of border guards of European countries have been outlined considering the usage of both the platforms of institutions and joint platforms of international organizations, namely: web platform Virtual Aula of Agency FRONTEX; CEPOL DL web platform; European Coast Guard Training platforms; ILIAS EU Mission EUBAM; Connect & Learn UNHCR; UNODC and others. Special attention is paid to the capabilities of the Virtual Aula web platform for training teachers, instructors, external experts, etc. Web platform Virtual Aula of Agency FRONTEX presents up-to-date information on educational programs conducted in Europe. Characteristics of distance learning platforms usage in higher law enforcement educational institutions in Ukraine have been presented. Distance learning course of the English language for border guards have been developed and implemented. Considerable attention is also paid to the disclosure of online assessment of knowledge: the test of self-control on the topics, modules, and procedure of final assessment. (shrink)

IntroductionWith a definition that is evolving, a serious component of the contract cheating issue involves individuals paying a third-party to complete assessment items for them and then submitting this work as if it were their own. The issue of contract cheating poses a significant problem for tertiary institutions. The research literature conducted to date has addressed contract cheating, yet few papers discuss theory-based prevention strategies, and even fewer still evaluate the impact of theory-based prevention strategies.Case descriptionThis paper discusses a case (...) study of contract cheating that was identified in a business simulation operating in a capstone unit at a large Australian university. The problem is outlined, the theory-based intervention is explained, and the impact on the contract cheating problem is quantified.Discussion and evaluationBuilding on a platform provided by criminological theory and crime prevention practice, the Unit Coordinator systematically adjusted a large number of assessment elements to ensure contract cheating was less likely. Importantly, this intervention was effective but also did not disadvantage students who were not engaging in contract cheating.ConclusionsOverall, this paper connects criminological theory and crime/problem prevention practice with academic misconduct issues with the intent of demonstrating there is potential to minimise the opportunity for contract cheating by altering the opportunity structures for assessment items. Crucially, this can be done without impeding genuine student efforts and does not depend on apprehension and conviction. (shrink)

This study examines the visual [monomodal] and multimodal metaphorical representations of Jordanians’ perceptions and attitudes toward the amended Cyber Crime Law in Jordan as depicted by Jordanian activists and image creators online. It adopts Forceville’s theory of Multimodal Metaphor [ 1, 2 ] as its theoretical framework. Twenty visual and multimodal depictions were collected from online platforms and were analysed to identify metaphorical representations. The results reveal a higher frequency of use of multimodal metaphors over monomodal ones, which can (...) potentially be attributed to the former employing both visual and verbal cues; thus, improving message clarity and comprehensibility. The analysis depicts a predominantly negative image of Jordanian perceptions and attitudes, portraying the law as a silencer, barbed wires, and handcuffs which demonstrates its perceived restriction of Jordanians’ freedom of speech in digital space and their online activities. Jordanians were also visually depicted as potential criminals, suggesting that ordinary citizens are potentially viewed as suspects or criminals under the new Cyber Crime Law. The study highlights the influential role of visual representations in shaping public opinions and perceptions of laws. (shrink)

A bewildering range of games are emerging every other day with newer elements of fun and entertainment to woo youngsters. Games are meant to reduce stress and enhance the cognitive development of children as well as adults. Teenagers are always curious to indulge in newer games; and e-gaming is one such platform providing an easy access and quicker means of entertainment. The particular game challenge which has taken the world by storm is the dangerous “Blue Whale Challenge” often involving (...) vulnerable teenagers. The Blue Whale Challenge is neither an application nor internet based game but the users get a link through social media chat groups to enter this “deadly” challenge game. This probably is the only game where the participant has to end his/her life to complete the game. The innocent teenagers are being targeted based on their depressed psychology and are coercively isolated from their social milieux on the pretext of keeping the challenges confidential. To add to the woes, no option is offered to quit the challenge even if the contender is unable to complete the challenge. Blue Whale Challenge in its sheer form could be seen as an illegal, unethical and inhumane endeavor in our present society. The present communication discusses the severe effects of the game on teenagers, the ethical concerns involved and the preventive measures necessary to curb it. (shrink)

New media and technologies such as social media and online platforms are disrupting the way businesses are run and how society functions. This article advises that scholars consider the morality of new media as an area of investigation. While prior literature has given much attention to how social media provides benefits, how it affects society generally, and how it can be used efficiently, research on the ethical aspects of new media has received relatively less attention. In an age where matters (...) such as violence, hate crimes, fake news, etc. are increasingly pervasive, we need to address the role of online technology in aiding or limiting such negative acts. In this regard, this article uses the canvas of a terror attack that was facilitated by online technology to bring to light pressing social and ethical issues in the use of new media. I draw upon 264 news articles focusing on the 2019 Christchurch terrorist attacks to piece together how the attack was orchestrated and focus on technology-enabled facets of the event. I stir discussion on the ethical aspects of technology with regard to online discrimination and highlight business and other stakeholder responsibilities and challenges as technology continues to evolve and pervade our social lives. (shrink)

Pessimistic empirical evidence about the reformatory and deterrent effects of punitive treatment poses a challenge for all justificatory theories of punishment. Yet, the dominant progressive view remains that punishment is required for the most serious crimes. This paper outlines an empirically sensitive prospectus for justifying punitive treatment through understanding the importance of reintegration. On this view, punishment can be viewed as a preferred alternative to the rigours of social ostracism, a common way of dealing with offenders in lieu of formal (...) criminal justice. Adopting reintegration as a primary aim encourages taking a longer view which focuses on desistance from criminality rather than only on reform at the point of release from formal punishment. The view outlined in this paper enables a vindication of reintegrative punishment even when it is not the most immediately efficient means of reforming offenders. In making this argument, I develop the modern retributive platform in criminal justice theory, identify various overlooked yet key nuances in the relationship between reintegration and reform, and argue for greater theoretical and practical attention to how the state can make the communities they serve more receptive to reintegrating offenders. (shrink)

Recently, the pandemic caused by COVID-19 is severe in the entire world. The prevention and control of crimes associated with COVID-19 are critical for controlling the pandemic. Therefore, to provide efficient and convenient intelligent legal knowledge services during the pandemic, we develop an intelligent system for legal information retrieval on the WeChat platform in this paper. The data source we used for training our system is “The typical cases of national procuratorial authorities handling crimes against the prevention and control (...) of the new coronary pneumonia pandemic following the law”, which is published online by the Supreme People’s Procuratorate of the People’s Republic of China. We base our system on convolutional neural network and use the semantic matching mechanism to capture inter-sentence relationship information and make a prediction. Moreover, we introduce an auxiliary learning process to help the network better distinguish the relation between two sentences. Finally, the system uses the trained model to identify the information entered by a user and responds to the user with a reference case similar to the query case and gives the reference legal gist applicable to the query case. (shrink)

In this article, I interrogate how the UK government constructs and manipulates the idiom of the vulnerable female, trafficked migrant. Specifically, I analyse how the government aligns aspects of its anti-trafficking plans with plans to enhance extraterritorial immigration and border control. In order to do this, I focus on the discursive strategies that revolve around the UK’s anti-trafficking initiatives. I argue that discourses of human trafficking as prostitution, modern-day slavery and organised crime do important work. Primarily, they provide the (...) government with a moral platform from which it can develop its regulatory capacity overseas. It is not my intention to suggest that the government’s anti-trafficking plans are superficial, and that extraterritoriality is the sole driver. On the contrary, I argue that complex interrelationships exist and while the government’s interest in protecting vulnerable women from sexual exploitation may seem to be paramount, I assert that in fact it intersects with other agendas at key points. I consider how government action to protect vulnerable women in trafficking ‘source’ and ‘transit’ countries such as development aid and repatriation schemes relate to broader legal and political concerns about protecting the UK from unwanted ‘Others’. (shrink)

In this paper, we study the effects of using an algorithm-based risk assessment instrument (RAI) to support the prediction of risk of violent recidivism upon release. The instrument we used is a machine learning version of RiskCanvi used by the Justice Department of Catalonia, Spain. It was hypothesized that people can improve their performance on defining the risk of recidivism when assisted with a RAI. Also, that professionals can perform better than non-experts on the domain. Participants had to predict whether (...) a person who has been released from prison will commit a new crime leading to re-incarceration, within the next two years. This user study is done with (1) general participants from diverse backgrounds recruited through a crowdsourcing platform, (2) targeted participants who are students and practitioners of data science, criminology, or social work and professionals who work with RisCanvi. We also run focus groups with participants of the targeted study, including people who use RisCanvi in a professional capacity, to interpret the quantitative results. Among other findings, we observe that algorithmic support systematically leads to more accurate predictions from all participants, but that statistically significant gains are only seen in the performance of targeted participants with respect to that of crowdsourced participants. Among other comments, professional participants indicate that they would not foresee using a fully-automated system in criminal risk assessment, but do consider it valuable for training, standardization, and to fine-tune or double-check their predictions on particularly difficult cases. We found that the revised prediction by using a RAI increases the performance of all groups, while professionals show a better performance in general. And, a RAI can be considered for extending professional capacities and skills along their careers. (shrink)

This article examines fifty case files of cybercriminals that the Economic and Financial Crimes Commission (EFCC) convicted for online romance fraud. It profiles offenders and explores the value of the Space Transition Theory in understanding digital crimes. Through documentary analysis, the study identifies key patterns in victim demographics, fraudsters’ operational strategies, and offenders’ socioeconomic backgrounds. Findings reveal a high concentration of U.S. victims (56%) and a preference among offenders for Apple’s iPhone (58%). Most offenders presented themselves as Caucasian American males (...) (46%) or military personnel (12%), with some adopting Caucasian European male identities (10%). Victim demographics show a pronounced gender disparity: 70% of offenders primarily targeted female victims, 14% targeted male victims, 10% reached both genders, and 6% did not specify the victims’ gender. The analysis also indicates that most offenders were university students (74%), with Facebook (46%) identified as the primary platform for these fraudulent activities. The study emphasizes the need for prevention strategies that genuinely consider the socioeconomic and political conditions that may make online fraud an appealing career option. (shrink)

The criminalization of femicide in Mexico has been introduced as a tool to address the violence, discrimination, and oppression against women. The criminalization strategy has a symbolic function: going beyond deterring the crime to be used as tool for education. In that sense, the criminalization of femicide emerges as an educational tool used to introduce new principles and societal values, highlighting the reality of discrimination and subordination against women, thereby transforming an individual conduct into a watershed issue worthy of (...) collective condemnation. At the same time, official data reveals that over the past two decades, the rate of murders of women involving firearms has increased by 375%. This highlights the necessity for a comprehensive criminalization strategy that acknowledges the widespread criminal use of firearms as a significant factor in gender-related killings of women. Therefore, to raise awareness (as the femicide laws intend), every policy emanating from the State, or its affiliate institutions must incorporate a gender perspective. This includes specific programs targeting armed gender-based violence, considering the entire weapons cycle, including gun production, their use, and transfer processes. Moreover, this gender-sensitive approach must also acknowledge that the possession of small arms is linked to violent masculinities and that women, beyond being victims, might also play roles as perpetrators of armed violence. The symbolic purpose of femicide laws should then become a platform for developing further appropriate effective policies and strategies to reduce gender-based violence, with special consideration of gendered armed violence. This article will analyze the possibility for extending the symbolic purpose of femicide law to produce a gendered small arms control strategy in Mexico. Considering the educational alternative that the femicide law provides, the following paper will evaluate the criteria needed to develop a comprehensive and intersectional program for gun control in Mexico. (shrink)

Class, race, and tough-on-crime political platforms are three of the most discussed, and thus most visible, forces that contribute to mass incarceration. The analysis of each of these forces has been illuminating, yet these broad narratives tend to obscure the burden of prison for those locked up within them. The social narratives that have developed to help understand the prison industrial system often inadvertently obscure the complex experiences and losses endured by prisoners. The psychic and physical toll that accrues (...) from decades of social exile, the affronts to dignity that “corrections” regularly impose, and the injuries to one’s sense of themselves and their relationships that prison foments haven’t received the attention they deserve. This essay explores the question of the permissibility of causing harm through imprisonment and social abandonment, arguing that any adequate answer must make the particular experiences and actual concerns of incarcerated people socially visible. (shrink)

How Tort Can Address Historical Injustice Recent years have seen an increase in civil litigation of cases of systemic and historical injustice in the Netherlands. Cases regarding war crimes, genocide and other human rights violations in the past and present have reached the Dutch civil courts through tort law. Meanwhile, scholarly disciplines have difficulty understanding the match between tort law and historical injustice cases, distracted by tort’s technicalities and alleged formality. This article provides an interdisciplinary analysis aiming to theoretically clarify (...) the urgency and aspiration put on tort by the slavery justice movement: what potential does tort hold for addressing historical injustice, such as slavery? The article identifies ‘talking points’ between two compatible theories from the sociological and legal disciplines, transformative justice and civil recourse theory, illustrated with cases of systemic and historical injustice. It argues that despite difficulties, tort litigation can be a viable platform to address historical injustices such as colonial slavery. This impact is not dependent on a successful legal outcome: the process can foster agency through process, and participation through inclusion, as core characteristics of remedying historical injustice. (shrink)

No serious attempt to answer the question ‘What is hate speech?’ would be complete without an exploration of the outer limits of the concept(s). This book critically examines both the ordinary and legal concepts of hate speech, contrasting social media platform content policies with national and international laws. It also explores a range of controversial grey area examples of hate speech. Part I focuses on the ordinary concept and looks at hybrid attacks, selective attacks, reverse attacks, righteous attacks, indirect (...) attacks, identity attacks, existential denials, identity denials, identity miscategorisations, and identity appropriations. Part II concentrates on the legal concept. It considers how to distinguish between hate speech and hate crime and examines the precarious position of denialism laws in national and international law. Together the authors draw on conceptual analysis, doctrinal analysis, linguistic analysis, critical analysis, and diachronic analysis to map the new frontiers of the concepts of hate speech. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Stumbling Block its IndexBrian Catling (bio)The Stumbling Block is a graphic font. This black plinth was once a brush or similar terminal that was the lips of an intense electrical arc. Industries proud and violent need spoke through it to turn the wheel or smelt and cast the constructed challenge. Now abandoned it finds benediction in seclusion. It has softened its mouth to hold water, so that small (...) animals and disjointed humans may drink or sign themselves in their passage. [End Page 218]The Stumbling Block has been used like an entrance step to sharpen knives on. Its fossil bristle of bright stone forcing the heavy blades down to a hiss along one edge. These are knives of gleaming hubris, long intentions honed for malice. They are magnetized and have been placed to construct a lectern. Each blade holding the next to form the platform. It may hold this index at its centre, hovering, placed outside in the aorta of streets. The removal of any of the blades from the assembled cluster will spill their fish bodies to the ground. The paper will drink any of the stains of their usage. [End Page 219]The Stumbling Block is an ark of extinction. A bouillon hive of the murdered past, frozen dry to a mass. Something has warmed its corner, the oxoed grit bleeds a vein of contagion, virulent in its passion to embrace and swim in human tides. [End Page 220]The Stumbling Block is unfound to the stained and unclear eye. But its nest, its negative hollow can be discovered in the mounds of waste and detritus that choke the streets. Its possible wedge, sphere or beam form is there; a vacant socket, easily trampled, destroyed or cleared away. It is watching. Its obstinate grace squinting across the demonstrations of power. It is the light in the eye of the needle grown solid with anger, a fat sugar that clogs the passage to any kind of paradise. [End Page 221]The Stumbling Block is a bell that sounds a deeper voice than the throats of men. Their image and cry shrinks the world.The communication of global gossip becomes a barbed wind of trivial penning; television enclosures of wired indifference, the reduction of memory removes the open field and causes blurred shivers to be understood as the same thing. The bell hums as acceleration eradicates silence, the foundation for stillness is removed. The speed of language clones its own restless manic hunger. The portable telephone, miniature televisions, satellites and their collection dishes are the cutlery for this gluttony.The inedible thinness they devour is obvious. To feed this addiction soapy fictions are boiled from the skin and bone of poverty. Tribes, villages, jungles and the very air itself can be wasted or burnt to secure a dry armpit in puppeted dramas of nightmare lives. Condensation is sweating inside the bell; a human modes sound that is unwelcome. It drips from the rim in whispers and pools beneath its limited protection. [End Page 222]The Stumbling Block is a shape shifter, a spirit bench that dwells in the cuffs of the expanding city. Over its warn layers of woven scars many forms have been stretched, clamped and tasted, licked and cut; reshaped. Anointed by abstraction, they are put back on the blinking streets, patted and set loose. In the deep pocketed burrows of the bench, termite-size clones dream white directions to colour the tiredness of their somnambulistic donors. [End Page 223]The Stumbling Block is a barrel organ dragged to the site of a crime. Its tin cup catching rain as it judders on the pounding box. The moon is caught between its throat and the water, and in the black gleam of its varnished vibration. It spills dance into the causeways, sucking revelers along the spindle of its cranked tune. They will spin and curl their lumpen massed centrifuge around the bellowing thing. The laughter is momentary but has soaked away the blood, only the scuffs of shoes and the scratched cobbles sing on. [End Page 224]The Stumbling Block is not a coffer, disguised by a wig of artifice. It cannot offer erudition or... (shrink)

With rising numbers of Facebook, Twitter and MXit users, Africa is increasingly gaining prominence in the sphere of social networking. Social media is increasingly becoming main stream; serving as important tools for facilitating interpersonal communication, business and educational activities. Qualitative analyses of relevant secondary data show that children and youths aged between 13 and 30 constitute Africa’s heaviest users of social media. Media reports have revealed cases of abuse on social media by youths. Social networks have severally been used as (...) tools for perpetuating crimes such as; cyberbullying and violence against girls and women. This study proposes a ‘Culture-centered Approach’ to the use of social media in a bid to minimize these cybercrimes and encourage the responsible use of social media amongst African youths. The Culture-centered Approach, which incorporates the tenets of Information Ethics, stresses the need for the respect of the dignity and rights of other online users as well the application of good cultural values and ethical behavior while on social media platforms. (shrink)

In the last decade, the financial underground markets evolved in a surprisingly way, around the world. Eastern Europe is a significant region, where illegal activities associated with the shadow economy became a real problem that affects the governments stability, the economical, political and social status. Due to the influence of old regimes and the current tolerance of the Eastern European nations, this underground corridors emphasize the risk of interfering with the financing platforms of international terrorism or organized crime.

continent. 2.2 (2012): 76–81 Comments on Eugene Thacker’s “Cosmic Pessimism” Nicola Masciandaro Anything you look forward to will destroy you, as it already has. —Vernon Howard In pessimism, the first axiom is a long, low, funereal sigh. The cosmicity of the sigh resides in its profound negative singularity. Moving via endless auto-releasement, it achieves the remote. “ Oltre la spera che piú larga gira / passa ’l sospiro ch’esce del mio core ” [Beyond the sphere that circles widest / penetrates (...) the sigh that issues from my heart]. 1 The axiomatic sigh of the pessimist is in a way the pure word of philosophy, a thought that thinks without you, speaks where you are not. The live pneumatic form of the soul’s eventual exit from the dead body’s mouth, the sigh restores consciousness to the funeral of being, to the passing away that is existence. Pessimism speaks in piercing aphorisms because first it sighs. “Beyond the sphere passeth the arrow of our sigh. Hafiz! Silence.” 2 … pessimism is guilty of that most inexcusable of Occidental crimes—the crime of not pretending it’s for real. To the pessimist, the ‘real’ world—the world on whose behalf we are expected to wake up in the morning—is a ceaseless index of its own unreality. The pessimist’s day is not an illumined space for the advancement of experience and action, but a permanently and inescapably reflective zone, the vast interior of a mirror where each thing is only insofar as it is, at best, a false image of itself. Within this speculative situation, inside the doubleness of the mirror, pessimism splits into two paths, false and true, one that tries to fix pessimism (establish a relation with the mirror) and decides in favor of the apparent real, and another that totally falls for pessimism (enters the mirror) and communes with the greater reality of the unreal. These two paths are distinguished by their relation to pessimism’s guilt vis-à-vis the world’s reality-project. The first form, that which remains pessimism for the world and puts on a smiling face, stays guilty to itself (i.e. unconscious) and thus turns hypocritical, becoming at once the pessimism of the commoner who really just wants things to be better for himself and the pessimism of the elite who wants to critically refashion reality in his own image. The general form of this worldly, hypocritical pessimism is the impulse to ‘make the world a better place’, which is the global mask under which the world is diurnally made worse. The second form, that which follows pessimism away from the world and ceases to put on a smiling face, refuses guiltiness as itself theessential Occidental mode of pretense and turns honest, becoming at once the intelligent pessimism required of all ordinary action and the radical pessimism necessary for self-knowledge: seeing that no one is capable of doing good. The general form of this universal, honest pessimism is the impulse not to worry, to give up and embrace dereliction, which is the only real way the world is actually improved. Where worldly pessimism is the engine productive of interminably warring secular and sacred religions (good-projects), universal pessimism strives hopelessly for the paradise of a supremely instantiated pessimus: things are getting so bad that there is no longer any time for them to get worse; things are so constantly-instantly worst that this is BEST. Cosmic pessimism is the mode of universal pessimism which can yet discourse with the world, which has not chosen silence and can spread the inconceivably BAD NEWS in an orderly form ( kosmos ) that the world can understand (if it wanted to). … the result of a confusion between the world and a statement about the world. That is what the world is (the result of a confusion between the world and a statement about the world). … a generalized misanthropy without the anthropos. Pessimism crystallizes around this futility—it is its amor fati , rendered as musical form. Pessimism’s love of fate is a blind love, a love of the blindness of being human in a cosmos conceived around the human’s eclipse, a heavy levitation in the contradictory space between the inescapability of its having been and the impossibility of its will-be. Pessimism’s song of futility is a sensible way of loving fate, with a minimum of eros, by means of a kind of matrimonial love of the fatal. As music, pessimism stays open to the irreparable and the inexorable without the binding of affirmation, in the apparent absence of the radical, infinitely surplus will that absolute amor fati seems to require. Crying, laughing, sleeping—what other responses are adequate to a life that is so indifferent? “Unless a man aspires to the impossible, the possible that he achieves will scarcely be worth the trouble of his achieving it. We should aspire to the impossible, to absolute and infinite perfection [….] The apocatastasis is more than a mystical dream: it is a norm of action, it is a beacon for high deeds [….] For true charity is a species of invasion [….] It is not charity to rock and lull our fellow men to sleep in the inertia and heaviness of matter, but rather to arouse them to anguish and torment of spirit.” 3 … the impossibility of ever adequately accounting for one’s relationship to thought. “The paroxysm of interior experience leads you to regions where danger is absolute, because life which self-consciously actualizes its roots in experience can only negate itself [….] There are no arguments [….] On the heights of despair, the passion for the absurd is the only thing that can still throw a demonic light on chaos [….] I live because the mountains do not laugh and the worms do not sing .” 4 It took three attempts before she was fully decapitated, all the while she continued, perhaps miraculously, to sing. According to the earliest account of Cecilia’s martyrdom, the beheading turns out worse. After not severing her head in three strokes, “the cruel executioner left her half dead” (seminecem eam cruentus carnifex dereliquit). 5 Cecilia’s effortlessly powerful endurance of the three strokes—a fitting icon for pessimism as an art of dereliction—demonstrates the “passivity and absence of effort [….] in which divine transcendence is dissolved.” 6 There’s a ghost that grows inside of me, damaged in the making, and there’s a hunt sprung from necessity, elliptical and drowned. Where the moving quiet of our insomnia offers up each thought, there’s a luminous field of grey inertia, and obsidian dreams burnt all the way down. Like words from a pre-waking dream. There is no reason to think that they are not. NOTES 1. Dante Alighieri. Vita Nuova . ed. and trans. Dino S. Cervigni and Edward Vasta. Notre Dame: University of Notre Dame Press. 1995. 41:10. 2. Hafiz of Shiraz. The Divan . trans. H. Wilberforce Clarke. London: Octagon Press. 1974. 10.9. 3. Miguel de Unamuno. The Tragic Sense of Life in Men and Nations . trans. Anthony Kerrigan. Princeton: Princeton University Press. 1972. 305-6. 4. E.M. Cioran. On the Heights of Despair . trans. Ilinca Zarifopol-Johnston. Chicago: University of Chicago Press. 1992. 9-10. 5. Giacomo Laderchi. S. Caeciliae Virg[inis] et Mart[yris] Acta. . . Rome. 1723. 38. 6. Georges Bataille. On Nietzsche . trans. Bruce Boone. London: Continuum. 2004. 135. See Nicola Masciandaro. “ Half Dead: Parsing Cecilia .” A Commentary on Eugene Thacker’s "Cosmic Pessimism" Gary J. Shipley Pessimism is the refusal to seek distraction, the refusal to remodel failure into a platform for further (doomed) possibilities, the refusal of comfort, the acceptance of the sickness of healthy bodies, the cup of life overflowing with cold vomit. If, as Ligotti suggests when discussing Invasion of the Body Snatchers , 1 humans prefer the anxieties of their familiar human lives to the contentment of an alien one, then the pessimist, we could argue, represents some perverted combination of the two, preferring (presuming he has a choice) the defamiliarization of human life to the contentment of its unquestioned mundanity. The quasi-religious state of mind that Wittgenstein would mention on occasion, that of “feeling absolutely safe,” 2 is a state the pessimist could only imagine being approximated by death, or perhaps some annihilative opiate-induced stupor. This Wittgensteinian commingling of certainty and faith looks every bit the futile gesture, a mere rephrasing of collapse or partial collapse. The only certainty open to the pessimist is that of the toxic formula of life itself—a formula known and lacuna-free. Certainty, far from being the gateway to deliverance, becomes the definitive impediment; and the possibility of salvation, as long as it remains, becomes crucially reliant on postulations of ignorance, epistemic gaps, a perennial incompleteness: “the perfect safety of wooed death […] the warm bath of physical dissolution, the universal unknown engulfing the miniscule unknown.” 3 The height of Leibniz’s Panglossian insanity nurtured the idea that our knowing everything—via the universal calculus—could be accurately described a triumph, as opposed to a nightmare in which our every futility is laid bare. Stagnancy and boredom are perhaps two of the greatest ills of Western civilisation, and the most potent pessimism tells you that you’re stuck with both. The most we can hope for, by way of salvation, is to throw open our despair to the unknown. The fact that Schopenhauer’s pessimism stopped short of morality and allowed him to play the flute, as Nietzsche complained, highlights the predicament of a man who despite having adorned nothingness with a smiling face still found himself alive. The demand here is that it be felt: a cross-contamination of intellect and emotion. The safety net of numerous parentheses makes for a failed philosophy, rather than a philosophy of failure. Depressives make bad pessimists, because, unless they choose to die, living will always infect them with necessities of hope, forcing them to find something, anything (all the various “as ifs”) to make existence tolerable. For as Cioran observed, while “[d]epressions pay attention to life, they are the eyes of the devil, poisoned arrows which wound mortally any zest and love of life. Without them we know little, but with them, we cannot live.” 4 And even when cured of our depressions we’ll find ourselves consumed, eaten alive by the hyper-clinical (borderline autistic) mania that replaces them: a predicament captured all too clearly in the microscriptual fictions of Robert Walser, where spectral men and women stifle their depressive madness with protective comas of detail, their failed assimilations buried beneath thick crusts of remote data. Like Beckett’s Malone their stories may have ended, but cruelly their lives have not. Pessimism is an extraneous burden (a purposeless weight) that makes everything else harder to carry, while at the same time scooping it out and making it lighter. If pessimism had a sound it would be the harsh non-noise of tinnitus—the way that every person would hear themselves if they refused their distractions long enough to listen: a lungless scream from the extrasolar nothing of the self. The music of pessimism—if indeed we can imagine such a thing—is the reverberating echo of the world’s last sound, conjectured but never heard, audible only in its being listened for. The one consolation of this hollow paradox of audibility being, that “he will be least afraid of becoming nothing in death who has recognized that he is already nothing now.” 5 The pessimist suffers a derangement of the real, a labyrinthitis at the nucleus of his being: he’s the stumbling ghost relentlessly surprised that others can see him. If Cioran’s refusal is manifested in sleep (when even saying ‘no’ is too much of a commitment), then Pessoa’s resides in the dreams inside that sleep. Pessoa chooses to exploit the fact that he’s being “lived by some murmuring non-entity both shadowy and muddied” 6 by growing more voids to live him. His is a Gnostic breed of sleep, “sleeping as if the universe were a mistake,” 7 a sleep that dreams through Thacker’s cosmic pessimism (“a pessimism of the world-without-us.”, “the unhuman orientation of deep space and deep time” 8 ), through the critical error of there being anything at all when there could be nothing. The metaphysical pessimist is someone who, however well life treats them, still desires to wake from it, as from the poisonous air of a bad dream. Pessimism is a paradox of age, being simultaneously young and old; its youth residing in a refusal to accept the authority of existence (its rich history, its inherent beneficence), a refusal to “get over” the horror of what it sees with its perpetually fresh eyes, and its maturity in the unceremonious disposal of the philosophical playthings (those futile architectures) of adolescence. As Thacker remarks: “Pessimism abjures all pretenses towards system—towards the purity of analysis and the dignity of critique.” 9 A sentiment shared with Pessoa, who duly categorizes those that choose to enact this futile struggle: “The creators of metaphysical systems and of psychological explanations are still in the primary stage of suffering.” 10 If the pessimist has shared a womb with anyone, it’s with the mystic and not the philosopher. As Schopenhauer tells us: “The mystic is opposed to the philosopher by the fact that he begins from within, whereas the philosopher begins from without. […] But nothing of this is communicable except the assertions that we have to accept on his word; consequently he is unable to convince.” 11 The crucial difference between the mystic and the pessimist is not the latter’s impassivity and defeatism, but his unwillingness/inability to contain in any way the spread of his voracious analyticity, his denial of incompleteness, his exhaustive devotion to failure. The truth of our predicament, though heard, is destined to remain unprocessed. Like the revelations of B.S. Johnson’s Haakon (“We rot and there’s nothing that can stop it / Can’t you feel the shaking horror of that?” 12 ) the pessimist’s truths are somehow too obvious to listen to, as if something inside us were saying, “Of course, but haven’t we gotten over that?” Pessimism is simple and ugly, and has no desire to make itself more complex or more attractive. The true moral pessimist knows that the Utilitarian’s accounts will always be in the red. He can see that for all his computational containments, his only honest path is a negative one, and that such a path has but one logical destination: that of wholesale human oblivion. Thacker notes how at the core of pessimism lies the notion of “the worst,” through which death is demoted by the all-pervasive suffering of a life that easily eclipses its threat. And so with doom made preferable to gloom, death begins to glint with promise, “like beauty passing through a nightmare.” 13 But even among pessimists suicide is, for the most part, thought to be an error. Schopenhauer, for instance, regarded suicide a mistake grounded in some fundamentally naïve disappointment or other. Pessoa too thought suicide an onerous escape tactic: “To die is to become completely other. That’s why suicide is a cowardice: it’s to surrender ourselves completely to life.” 14 There is a call here to be accepting of and creative with the puppetry of your being, an insistence that it’s somehow a blunder to attempt to hide in death from the horrors you find inlife. 15 Tied up with this perseverance is the slippery notion of the good death, for maybe, as Blanchot warns, suicide is rarely something we can hope to get right, for the simple reason that “you cannot make of death an object of the will.” 16 “Even in cases where the entire corpus of an author is pessimistic, the project always seems incomplete,” 17 and this is not simply because the project itself belies something yet to be disclosed, but because the project itself is a thing waiting. It waits on a cure it knows will not come, but for which it cannot do anything (as long as it continues to do anything) but wait. NOTES 1. See Thomas Ligotti. The Conspiracy Against the Human Race . New York: Hippocampus Press. 2010. 91. 2. Ludwig Wittgenstein. “A Lecture on Ethics.” Philosophical Review . (74) 1. 1965. 8. 3. Vladimir Nabokov. Pale Fire . New York: Vintage. 1989. 221. 4. E. M. Cioran. The Book of Delusions . trans. Camelia Elias. Hyperion. 5.1. (2010): 75. 5. Arthur Schopenhauer. The World as Will and Representation. vol. 2 . trans. E .F J. Payne. New York: Dover. 1966. 609. 6. Eugene Thacker. “Cosmic Pessimism.” continent. . 2.2 (2012): 67. 7. Fernando Pessoa. The Book of Disquiet . trans. Richard Zenith. London: Penguin. 2002. 35. 8. Eugene Thacker. “Cosmic Pessimism.” continent. . 2.2 (2012): 68. 9. Ibid. 73. 10. Fernando Pessoa. The Book of Disquiet . trans. Richard Zenith. London: Penguin. 2002. 341. 11. Arthur Schopenhauer. The World as Will and Representation. vol. 2 . trans. E .F J. Payne. New York: Dover. 1966. 610-11. 12. B.S Johnson. “You’re Human Like the Rest of Them.” in Jonathan Coe. Like a Fiery Elephant: The Story of B.S. Johnson . London: Picador. 2004. 177. 13. Fernando Pessoa. The Book of Disquiet . trans. Richard Zenith. London: Penguin. 2002. 415. 14. Ibid. 199. 15. “Suicide is, after all, the opposite of the poem.” Anne Sexton. No Evil Star: Selected Essays, Interviews and Prose . ed. Steven Gould Axelrod. Ann Arbor: University of Michigan Press. 1985. 92. 16. Maurice Blanchot. The Space of Literature . trans. Ann Smock. Lincoln: University of Nebraska Press. 1989. 105. 17. Eugene Thacker. “Cosmic Pessimism.” continent. . 2.2 (2012): 75. (shrink)

As the institutionalization of the avant-garde took place, postmodern theory both reacted to and helped create the forces that eroded reason and even taste, labelled them quaint in the name of a postmodern theory, at the same time that mass commodity form was inscribing exchange value on all work of the imagination. In fact, the reality is that the system, the society of domination has enclosed discourse in such a way that, coupled to new social media and electronic platforms, all (...) radical, all working class or under class voices are pre vetted or erased, and only the most craven corporate financialized kitsch is validated. The collusion of galleries, collectors and curators, following the model of studio film and network TV, has equated popularity with quality. The problem then is to recuperate something of the lost radical conscience of art and culture. There is now an amnesia about the prehistory of society, of our own psyches, and of the imagination. The colonizing of consciousness has rendered the imagination of the west atrophied and almost inert. All art is a recreation of our own psychic formation (mimesis) as well as being shaped by its 'otherness', by a purposelessness. All stories are crime stories, all stories are about exile, and all stories are about homesickness. And all art contains a narrative. For only by having no purpose can the artwork posit the direction to which society must look to create an 'other' or elsewhere. To retain something of that utopian promise that is foundational in culture. The world is being dis-enchanted. The Utopian promise is not kept. (shrink)

This debate took place over ten years ago. To say that it was a debate is, in fact, not really accurate, because not long after the discussions had begun, it turned into a criticism and massacre of the expression "two combine into one" and of those who used it. Later, it became the platform on which those so-called "authorities on theory," and those like Chen Boda who did the bidding of Lin Biao and the "gang of four" became the (...) "heroes" of this massacre. The expression "two combine into one" by that time was being used as a political indictment against those guilty of the enemy-versus-us contradiction. And in the Great Cultural Revolution it became an even more fearful crime. It was of course very difficult to carry out a scholarly discussion in that kind of atmosphere. The expression "two combine into one" and some of the arguments raised by those comrades who advocated the use of this expression were originally worthy of study, even though some of their positions were really untenable, such as the statement that all objective things are "two combined into one," and that we should use "one divides into two" in the process of understanding them. What really is the inherent meaning of the expression "one divides into two"? In what sense and in what contexts should it be used? This also needs to be examined carefully. But because philosophical research was turned into political criticism, these theoretical evaluations and their mutual discussion never progressed, and thus, aside from remembering that these philosophical propositions "one divides into two" and "two combine into one" were at the time laden with political meaning, there is little understanding of their philosophical content. And few even of those who work in philosophy have had the courage to study them philosophically. Thus this "debate" which confused scholarly differences for political struggle, and for even the enemy-versus-us struggle, may be said to have added nothing positive to our understanding and research on the law of the unity of opposites in Chinese philosophical circles. It provided us with only a profound lesson. (shrink)

Knowing who benefits financially from a securities trade is necessary for the detection, prosecution and deterrence of illegal securities trading. Foreign jurisdictions with banking or securities secrecy laws are frequently used as a platform for illegal activity to frustrate law enforcement. This paper considers the extent to which Canadian law gives effect to so-called foreign blocking legislation. We conclude that while Canadian law does not generally give effect to foreign blocking legislation, it imposes only limited requirements on market intermediaries (...) to collect beneficial ownership information. Regulators are therefore left with the option of obtaining assistance from their foreign counterparts. (shrink)

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can (...) now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account. (shrink)

We can gain fresh insights into aspects of criminal liability by focusing first on the prior topic of criminal responsibility, and on the relational dimensions of responsibility: responsibility is responsibility for something, to someone. We are criminally responsible as citizens, to our fellow citizens, for committing 'public' wrongs: I discuss the difficulty of giving determinate content to this idea of public wrongs, and the way in which, whereas moral responsibility is typically strict, criminal responsibility is not. Finally, I explore the (...) grounds on which defendants might deny that they are criminally responsible before the courts that seek to try them. (shrink)

In his book, philosopher and law professor Ken Levy explains why he agrees with most people, but not with most other philosophers, about free will and responsibility. Most people believe that we have both - that is, that our choices, decisions, and actions are neither determined nor undetermined but rather fully self-determined. By contrast, most philosophers understand just how difficult it is to defend this "metaphysical libertarian" position. So they tend to opt for two other theories: "responsibility skepticism" and "compatibilism". (...) In opposition to both of these theories, Levy explains how free will and responsibility are indeed metaphysically possible. But he also cautions against the dogma that metaphysical libertarianism is actually true, a widespread belief that continues to cause serious social, political, and legal harms. Levy's book presents a crisp, tight, historically informed discussion, with fresh clarity, insight, and originality. It will become one of the definitive resources for students, academics, and general readers in this critical intersection among metaphysics, ethics, and criminal law. Key features: Presents a unique, qualified defense of "metaphysical libertarianism," the idea that our choices, decisions, and actions can be fully self-determined. Written clearly, accessibly, and with minimal jargon - rare for a book on the very difficult issues of free will and responsibility. Seamlessly connects philosophical, legal, psychological, and political issues. Will be provocative and insightful for professional philosophers, students, and non-philosophers. (shrink)

In the Anthropocene, human beings are capable of bringing about globally catastrophic outcomes that could damage conditions for present and future human life on Earth in unprecedented ways. This paper argues that the scale and severity of these dangers justifies a new international criminal offence of ‘postericide’ that would protect present and future people against wrongfully created dangers of near extinction. Postericide is committed by intentional or reckless systematic conduct that is fit to bring about near human extinction. The paper (...) argues that a proper understanding of the moral imperatives embodied in international criminal law shows that it ought to be expanded to incorporate a new law of postericide. (shrink)

Emotional AI is an emerging technology used to make probabilistic predictions about the emotional states of people using data sources, such as facial (micro)-movements, body language, vocal tone or the choice of words. The performance of such systems is heavily debated and so are the underlying scientific methods that serve as the basis for many such technologies. In this article I will engage with this new technology, and with the debates and literature that surround it. Working at the intersection of (...) criminology, policing, surveillance and the study of emotional AI this paper explores and offers a framework of understanding the various issues that these technologies present particularly to liberal democracies. I argue that these technologies should not be deployed within public spaces because there is only a very weak evidence-base as to their effectiveness in a policing and security context, and even more importantly represent a major intrusion to people’s private lives and also represent a worrying extension of policing power because of the possibility that intentions and attitudes may be inferred. Further to this, the danger in the use of such invasive surveillance for the purpose of policing and crime prevention in urban spaces is that it potentially leads to a highly regulated and control-oriented society. I argue that emotion recognition has severe impacts on the right to the city by not only undertaking surveillance of existing situations but also making inferences and probabilistic predictions about future events as well as emotions and intentions. (shrink)

ObjectivesBuilding on what is known about the non-random nature of crime problems and the explanatory capacity of opportunity theories of crime, this study explores the utility of using existing university administrative data to detect unusual patterns of performance consistent with a student having engaged in contract cheating (paying a third-party to produce unsupervised work on their behalf).MethodsResults from an Australian university were analysed (N = 3798 results, N = 1459 students). Performances on unsupervised and supervised assessment items were (...) converted to percentages and percentage point differences analysed at the academic discipline-, unit-, and student-level, looking for non-random patterns of unusually large differences.ResultsNon-random, unusual patterns, consistent with contract cheating, were found at the academic discipline-, unit-, and student-level, with approximately 2.1% of students producing multiple unusual patterns.ConclusionsThese findings suggest it may be possible to use existing administrative data to identify assessment items that provide suitable opportunities for contract cheating. This approach could be used in conjunction with targeted problem-prevention strategies (based on situational crime prevention) to reduce the vulnerability of academic assessment items to contract cheating. This approach is worthy of additional research as it has the potential to help academic institutions around the world manage contract cheating; a problem that currently threatens the validity and integrity of tertiary qualifications. (shrink)

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the (...) government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal. (shrink)

In 2014, a large archive of hacked nude photos of female celebrities was released on 4chan and organized and discussed primarily on Reddit. This paper explores the ethical implications of this celebrity nude photo leak within a frame of gendered privacy violations. I analyze a selection of a mass capture of 5143 posts and 94,602 comments from /thefappening subreddit, as well as editorials written by female celebrities, feminists, and journalists. Redditors justify the photo leak by arguing the subjects are privileged (...) because they are celebrities; that the celebrities are at fault for failing to appropriately protect their information; and that the only person ethically responsible for the leak is the hacker. The popular press primarily took a feminist perspective, linking the photo leak to institutionalized sexism and misogyny. I argue that the Reddit participants frame the privacy violations within a context of geek masculinity, in which references to masturbation and pornography and casually misogynist language are used to signify a normative masculine self. Privacy violations are de-emphasized when the victims are women and gender or feminist concerns are rejected. Entitlement to viewing women’s bodies and male sexual desire are prioritized over ethical concerns over privacy violations. The paper contributes to understanding how privacy violations are normatively gendered and reinforced by gender inequality. (shrink)

In this paper, the author attempts to make explicit certain of the key variables that underlie the wide variety of positions which have been offered in answer to the question posed by the title of the paper. Several positions are reviewed briefly, ranging from Bertrand Russell’s to Jasper’s to Milton Meyer’s to Thoreau’s. These are then considered as a group in terms of possible systems of values which traditionally have formed the basis for condemnations or defenses of political and social (...) silence, of marginal commitment, or of individual nonparticipation or complicity. The author does not hope to settle the issue, but rather to increase our sensitivity to it, and to its complexity. (shrink)

In many cases of criminality within large corporations, senior management does not commit the operative offense—or conspire or assist in it—but nonetheless bears serious responsibility for the crime. That responsibility can derive from, among other things, management’s role in cultivating corporate culture, in failing to police effectively within the firm, and in accepting lavish compensation for taking the firm’s reins. Criminal law does not include any doctrinal means for transposing that form of responsibility into punishment. Arguments for expanding doctrine—including (...) broadening of the presently narrow “responsible corporate officer” doctrine—so as to authorize such punishment do not fare well under the justificatory demands of criminal law theory. The principal obstacle to such arguments is the large industrial corporation itself, which necessarily entails kinds and degrees of delegation and risk-taking that do not fit well with settled concepts about mens rea and omission liability. Even the most egregious and harmful management failures must be addressed through design and regulation of the corporation rather than imposition of individual criminal liability. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.1 (2002) 1-17 [Access article in PDF] What if the Father Commits a Crime? Rui Zhu Apparently, Socrates and Confucius respond similarly to the question if a son should turn in his father in the case of the father's misdemeanor. When Euthyphro, flaring his pride of his moral impartiality, tells Socrates that he is on his way to report his father because (...) he has thrown one of the household slaves into a ditch and left him bound there until he was dead, Socrates says, "Good Heaven! Certainly, Euthyphro, most men would not know how they could do this and be right. It is not the part of anyone to do this, but of one who is far advanced in wisdom." 1According to Socrates, only a man of high wisdom knows how to prosecute his father righteously, but Euthyphro does not appear to have this wisdom. When his interlocutor observes that an upright man in his state would bear witness against his father if he misappropriates a sheep, Confucius contradicts the interlocutor's understanding of uprightness by speaking in a matter-of-fact tone: "In my country the upright men are of quite another sort. A father will cover up for his son, and a son his father—which incidentally does involve a sort of up—rightness." 2Confucius stands on the same line with Socrates but seems the more radical of the two. Socrates does not directly refute Euthyphro and only suggests that he make sure he understands what he is doing before going any further. Socrates is not only typically Socratic—indirect and suggestive—but also sounds so reasonable that Euthyphro appears in contrast to be a reckless youth who harbors [End Page 1] only a faint understanding of morality. Confucius's response is more rigid, for he categorically dismisses an act of the Euthyphroian kind. He demands that father and son cover up for each other in the case of either one's guilt. Compared to Socrates, Confucius advocates the position that seems a little too strong and leaves no room for justice, while Socrates does not have that problem with justice. This is how we feel about Socrates and Confucius on our first impression. The prima facie observations that we make from the remarks of Socrates and Confucius seem both plain and unproblematic.By embedding these remarks into their respective social or philosophical cultures, this paper will show that our previous observations are not quite accurate. The apparent affinity of the Socratic and Confucian stances belies different underlying moral philosophies. We want to use their comments as bridges to explore the early Greek and Confucian ethics and show how different a picture we see after things are examined within their traditions.The issue of a possible father-son conflict may be treated as a case study of the early Greek (the Heroic era until the age of Socrates) and early Confucian (Confucius and Mencius) morals. There is a strong theme in the early Greek morals that allows, or sometimes demands, a son such as Euthyphro to prosecute his father for the sake of justice, because justice, instead of love (philein) or filial piety, is the governing principle in the early Greek ethics. Confucian ethics is founded on love (human-heartedness), which in turn is extended from the love between father and son. All moral principles including justice are derived from this extension of love. The mutual love of father and son then becomes the governing principle in the case of Confucianism. A Guilty Father: The Greek Motif The question, "What if the father commits a crime?" has a certain realistic aroma to a boy coming of age in the Hesiodic Greek world. That father has to be overcome by son before some relief from strife becomes possible is a familiar theme in Greek literature. In Hesiod's Theogony, Uranus (the sky) incurs hatred from all his newborn children since he hides them in their mother Gaia's womb and does not let them return to the light, for no reason... (shrink)

This essay argues that critical realism provides a philosophical perspective from which to talk about good and evil. It draws on dialectical critical realism’s meta-ethics of freedom and solidarity, and the different grades of freedom identified there: from the basic spontaneity in agency to the possibility of a fully flourishing, eudaimonic social condition. It argues that evil acts can be understood as those which fundamentally deny basic human freedom (spontaneity) and solidarity, and that good acts are those which affirm human (...) flourishing and solidarity. It draws upon Hannah Arendt’s depiction of what was morally evil in the Holocaust, and recent English criminal trials involving mercy killing to depict the good. It suggests that moral framing in terms of good and evil lies beyond the terms in which modern law thinks of human actions. (shrink)

A person incurs inchoate criminal liability when he incites another person or other persons to commit a crime. The most salient characteristic of incitement, in comparison with the other forms of inchoate crime, is the existence of a communication that is made with a view to persuading the addressee to commit an offence. This article explores the question of why incitement should incur criminal liability, and the nature of such liability. It also identifies its distinctive features. The principal (...) focus here is on ambiguity in the putative words of incitement and on questions of gauging whether the words have had any effect on the actions of the addressee. It covers both the standard criminal offences and conduct which, arguably, should not be regulated by the criminal law, thereby raising issues of freedom of speech. Legal issues are set in the context of the common law generally, while drawing on English law in matters of detail. (shrink)