This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Transoral laser microsurgery applies to the piecemeal removal of malignant tumours of the upper aerodigestive tract using the CO2 laser under the operating microscope. This method of surgery is being increasingly popularised as a single modality treatment of choice in early laryngeal cancers (T1 and T2) and occasionally in the more advanced forms of the disease (T3 and T4), predomi- nantly within the supraglottis. Thomas Kuhn, the American physicist turned philosopher and historian of science, coined the phrase ‘paradigm shift’ in (...) his groundbreaking book The Structure of Scientific Revolutions. He argued that the arrival of the new and often incompatible idea forms the core of a new paradigm, the birth of an entirely new way of thinking. This article discusses whether Steiner and col- leagues truly brought about a paradigm shift in oncological surgery. By rejecting the principle of en block resection and by replacing it with the belief that not only is it oncologically safe to cut through the substance of the tumour but in doing so one can actually achieve better results, Steiner was able to truly revolutionise the man- agement of laryngeal cancer. Even though within this article the repercussions of his insight are limited to the upper aerodigestive tract oncological surgery, his willingness to question other peoples’ dogma makes his contribution truly a genuine paradigm shift. (shrink)

The Protein Ontology (PRO; http://proconsortium.org) formally defines protein entities and explicitly represents their major forms and interrelations. Protein entities represented in PRO corresponding to single amino acid chains are categorized by level of specificity into family, gene, sequence and modification metaclasses, and there is a separate metaclass for protein complexes. All metaclasses also have organism-specific derivatives. PRO complements established sequence databases such as UniProtKB, and interoperates with other biomedical and biological ontologies such as the Gene Ontology (GO). PRO relates to (...) UniProtKB in that PRO’s organism-specific classes of proteins encoded by a specific gene correspond to entities documented in UniProtKB entries. PRO relates to the GO in that PRO’s representations of organism-specific protein complexes are subclasses of the organism-agnostic protein complex terms in the GO Cellular Component Ontology. The past few years have seen growth and changes to the PRO, as well as new points of access to the data and new applications of PRO in immunology and proteomics. Here we describe some of these developments. (shrink)

Using a quantitative approach employing a descriptive survey research design, 150 Bachelor of Elementary Education (BEED) alumni of the Davao Oriental State University – Cateel Extension Campus (DORSU-CEC) from the classes of 2013-2021 were surveyed for to conduct this tracer study. Results revealed that most of graduates were females, single, employed regular or permanent basic education teachers within Davao Oriental under public or government organizations. Parents or relatives were very influential in their choice of program in college. Their main employer (...) was the Department of Education (DepEd), and they occupied professional, technical or supervisory job level positions in their first and present employment. Further, graduates acquired their first job within 1 to 6 months after graduating in college, and earned a monthly income of almost ₱27,500 in their first and present employment. Moreover, graduates perceived that the curriculum offered to them in college was relevant in their first and present employment. They believed that communication skills and discipline that they learned in college are the most useful competency and core values on their employment. Additionally, the courses in the campus can be strengthened further if the library and laboratory are provided with more resources, equipment, and facilities that can aid the students in their studies, and if the campus offers more number of optional subjects. (shrink)

Results: We analyzed 1,402 surveys and 15 in-depth interviews. Many (32%) CL participants reported greater difficulty refilling medications and a minority (14%) reported greater difficulty accessing HIV care during the pandemic. Most (99%) Opt4Mamas participants reported no difficulty refilling medications or accessing HIV/pregnancy care. Among the CL participants, older women were less likely (aOR = 0.95, 95% CI: 0.92–0.98) and women with more children were more likely (aOR = 1.13, 95% CI: 1.00–1.28) to report difficulty refilling medications. Only 2% of (...) CL participants reported greater difficulty managing FP and most (95%) reported no change in likelihood of using FP or desire to get pregnant. Qualitative analysis revealed three major themes: (1) adverse organizational/economic implications of the pandemic, (2) increased importance of pregnancy prevention during the pandemic, and (3) fear of contracting COVID-19. (shrink)

Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest that (...) combining two losing groups together and two winning groups together can turn the losing groups into the winning groups and the winning groups into the losing groups. This paper demonstrates that the ‘fatal dilemma’ is neither fatal nor a dilemma. The First Horn is devastating but avoidable and the Second Horn is unavoidable but not devastating. Nevertheless, Horton’s argument does help to narrow down the acceptable range of views. (shrink)

The Protein Ontology (PRO; http://purl.obolibrary.org/obo/pr) formally defines and describes taxon-specific and taxon-neutral protein-related entities in three major areas: proteins related by evolution; proteins produced from a given gene; and protein-containing complexes. PRO thus serves as a tool for referencing protein entities at any level of specificity. To enhance this ability, and to facilitate the comparison of such entities described in different resources, we developed a standardized representation of proteoforms using UniProtKB as a sequence reference and PSI-MOD as a post-translational modification (...) reference. We illustrate its use in facilitating an alignment between PRO and Reactome protein entities. We also address issues of scalability, describing our first steps into the use of text mining to identify protein-related entities, the large-scale import of proteoform information from expert curated resources, and our ability to dynamically generate PRO terms. Web views for individual terms are now more informative about closely-related terms, including for example an interactive multiple sequence alignment. Finally, we describe recent improvement in semantic utility, with PRO now represented in OWL and as a SPARQL endpoint. These developments will further support the anticipated growth of PRO and facilitate discoverability of and allow aggregation of data relating to protein entities. (shrink)

Non-epistemic values pervade climate modelling, as is now well documented and widely discussed in the philosophy of climate science. Recently, Parker and Winsberg have drawn attention to what can be termed “epistemic inequality”: this is the risk that climate models might more accurately represent the future climates of the geographical regions prioritised by the values of the modellers. In this paper, we promote value management as a way of overcoming epistemic inequality. We argue that value management can be seriously considered (...) as soon as the value-free ideal and inductive risk arguments commonly used to frame the discussions of value influence in climate science are replaced by alternative social accounts of objectivity. We consider objectivity in Longino's sense as well as strong objectivity in Harding's sense to be relevant options here, because they offer concrete proposals that can guide scientific practice in evaluating and designing so-called multi-model ensembles and, in fine, improve their capacity to quantify and express uncertainty in climate projections. (shrink)

Aworkshop was held August 26–28, 2015, by the Earth- Life Science Institute (ELSI) Origins Network (EON, see Appendix I) at the Tokyo Institute of Technology. This meeting gathered a diverse group of around 40 scholars researching the origins of life (OoL) from various perspectives with the intent to find common ground, identify key questions and investigations for progress, and guide EON by suggesting a roadmap of activities. Specific challenges that the attendees were encouraged to address included the following: What key (...) questions, ideas, and investigations should the OoL research community address in the near and long term? How can this community better organize itself and prioritize its efforts? What roles can particular subfields play, and what can ELSI and EON do to facilitate research progress? (See also Appendix II.) The present document is a product of that workshop; a white paper that serves as a record of the discussion that took place and a guide and stimulus to the solution of the most urgent and important issues in the study of the OoL. This paper is not intended to be comprehensive or a balanced representation of the opinions of the entire OoL research community. It is intended to present a number of important position statements that contain many aspirational goals and suggestions as to how progress can be made in understanding the OoL. The key role played in the field by current societies and recurring meetings over the past many decades is fully acknowledged, including the International Society for the Study of the Origin of Life (ISSOL) and its official journal Origins of Life and Evolution of Biospheres, as well as the International Society for Artificial Life (ISAL). (shrink)

There is a paucity of research on how psychopathy relates to decision-making. In this study, we assessed the relationship between affective decision-making and psychopathic personality. A sample of prisoners (n D 49) was characterized in terms of psychopathic traits using the Psychopathic Checklist: Screening Version (PCL:SV). Decision-making was assessed using the Iowa Gambling Task (IGT). Higher levels of psychopathy related to more advantageous choices (p D .003). Also counter-intuitively, higher levels of antisocial traits (facet 4) predicted advantageous choices during the (...) learning phase of the task (p D .004). Our findings suggest that some psychopathic facets may be more relevant to decisionmaking under risk, and highlight the importance of further investigations considering facet and trait-level relationships with decision-making. (shrink)

In a letter to William Molyneux John Locke states that in reviewing his chapter 'Of Power' for the second edition of An Essay Concerning Human Understanding he noticed that he had made one mistake which, now corrected, has put him "into a new view of things" which will clarify his account of human freedom. Locke says the mistake was putting “things for actions” on p.123 of the first edition, a page on which the word 'things' does not appear (The Correspondence (...) of John Locke. E.S. de Beer, ed. (Oxford: Clarendon, 1976), Vol.4, no.1643, 15 July, 1693.) It is the aim of this paper to (1) elucidate where the correction occurs, (2) give an analysis of why the correction is needed, and (3) give an explanation of why Locke believed replacing 'things' with 'actions' was an important change. (shrink)

Today, a major challenge for climate science is to overcome what is called the “usability gap” between the projections derived from climate models and the needs of the end-users. Regional Climate Models (RCMs) are expected to provide usable information concerning a variety of impacts and for a wide range of end-users. It is often assumed that the development of more accurate, more complex RCMs with higher spatial resolution should bring process understanding and better local projections, thus overcoming the usability gap. (...) In this paper, I rather assume that the credibility of climate information should be pursued together with two other criteria of usability, which are salience and legitimacy. Based on the Swiss climate change scenarios, I study the attempts at meeting the needs of end-users and outline the trade-off modellers and users have to face with respect to the cascade of uncertainty. A conclusion of this paper is that the trade-off between salience and credibility sets the conditions under which RCMs can be deemed adequate for the purposes of addressing the needs of end-users and gearing the communication of the projections toward direct use and action. (shrink)

My aim in this paper is to determine how Locke understands suspension and the role it plays in his view of human liberty. To this end I, 1) discuss the deficiencies of the first edition version of ‘Of Power’ and why Locke needed to include the ability to suspend in the second edition, then 2) analyze Locke’s definitions of the power to suspend with a focus on his use of the terms ‘source’, ‘hinge’, and ‘inlet’ to describe the power. I (...) determine from these descriptions that the ability to suspend is a passive power and is a necessary condition for the rational deliberation that Locke takes to be necessary for acting as a free agent. In 3) I connect Locke’s view of the power to suspend to his discussion in the sections that precede ‘Of Power.’ I argue that the kind of judgment that Locke endorses in his discussion of the Molyneux problem is also at work in acts of suspension. In 4) I apply my interpretation to Locke’s description of the connection between the power to suspend and liberty. In 5) I conclude with a discussion of a passage from the fifth edition of the Essay. Locke adds this passage to address worries raised by Limborch over the course of their correspondence. According to Chappell, it lends evidence to the view that Locke takes suspensions to be caused by undetermined volitions. (shrink)

The continued development of General Circulation Models (GCMs) towards increasing resolution and complexity is a predominantly chosen strategy to advance climate science, resulting in channelling of research and funding to meet this aspiration. Yet many other modelling strategies have also been developed and can be used to understand past and present climates, to project future climates and ultimately to support decision-making. We argue that a plurality of climate modelling strategies and an equitable distribution of funding among them would be an (...) improvement on the current predominant strategy for informing policy making. To support our claim, we use a philosophy of science approach to compare increasing resolution and complexity of General Circulation Models with three alternate examples: the use of machine learning techniques, the physical climate storyline approach, and Earth System Models of Intermediate Complexity. We show that each of these strategies prioritises a particular set of methodological aims, among which are empirical agreement, realism, comprehensiveness, diversity of process representations, inclusion of the human dimension, reduction of computational expense, and intelligibility. Thus, each strategy may provide adequate information to support different specific kinds of research and decision questions. We conclude that, because climate decision-making consists of different kinds of questions, many modelling strategies are all potentially useful, and can be used in a complementary way. (shrink)

In Ethics 4, Spinoza argues that “A free man thinks of nothing less than of death, and his wisdom is a meditation on life, not on death” (E4p67). Spinoza’s argument for this claim depends on his view of imagination, reason, and scientia intuitiva and on his notion of conatus. I explicate Spinoza’s view of life in terms of power (potentia) and show that Spinozan death amounts to reconfiguration rather than absolute annihilation. I then show that E4p67 reflects Spinoza’s well-known account (...) of the three kinds of knowing. Thinking of death is quintessentially imaginative and passive. The free person of E4p67 is in contrast a rational person. To reason, and as becomes especially clear E5, to experience scientia intuitiva, moreover is to think of things “without any relation to time, but [rather] sub specie aeternatitis”(E2p44c2) and to experience activity To the extent, then, that we are rational, free, and active, death is a non-issue. Indeed, to the extent that we are able to meditate on life sub specie aeternitatis, we actually experience joy, love (E5p20s, p32c), eternity (Sp23s), and “the greatest satisfaction of the Mind” (E5p27). (shrink)

In most discussions of moral responsibility, an agent’s moral responsibility for harming or failing to aid is equated with the agent’s being blameworthy for having done wrong. In this paper, I will argue that one can be morally responsible for one’s action even if the action was not wrong, not blameworthy, and not the result of blameworthy deliberation or bad motivation. This makes a difference to how we should relate to each other and ourselves in the aftermath. Some people have (...) blown off their responsibility when they shouldn't have, and others have held themselves responsible – or second and third parties have held them responsible – as if they were wrongdoers and blameworthy when neither is the case. (shrink)

One of the driving questions in philosophy of mind is whether a person can be understood in purely physical terms. In this presentation, I wish to continue the project initiated by Donald Davidson, whose subtle position on this question has left many more perplexed than enlightened. The main reason for this perplexity is Davidson’s rather obscure pronouncements about the normativity of intentionality and its role in supporting psychophysical anomalism – the claim that there are no laws bridging our intentional states (...) with states of our brain. Insofar as Davidson’s thesis is an ontological one – about the existence of laws or otherwise modally significant connections between the mental and the physical – I think his critics are correct: Davidson has not provided us with a successful argument for psychophysical anomalism. There is, however, a different argument, also based upon considerations about the normativity of intentionality that lead to an equally important conclusion. The conclusion is not ontological but rather epistemic: if thoughts do indeed display normativity, it is hard to understand how they would arise out of mere mechanical occurrences in the brain. To borrow a well-worn phrase, there is an “explanatory gap” between the mental and the physical. Originally coined to capture the epistemic darkness we confront in our attempt to understand phenomenal experiences in purely physical terms, the idea has yet to be explored in the area of contentful mental states or intentionality in general. My argument shall be this: considerations about the normativity of intentionality demonstrate that there is an explanatory gap between the intentional and the physical. In fact, if there were laws of the kind Davidson denies, then the world be more mysterious than if no such laws existed. The presence of an explanatory gap explains why this is so. (shrink)

Since the mid-1990s, there has been a rise in the number of deaths of undocumented Mexican migrants crossing the U.S./Mexican border. Who is responsible for these deaths? This article examines the culpability of (1) migrants, (2) humanitarian volunteers, (3) the Mexican government, (4) the U.S. government, and (5) U.S. businesses. A significant portion of the blame is assigned to U.S. free trade policies and U.S. businesses employing undocumented immigrants.

H.L.A. Hart’s objection to defining a law as a subtype of an unclear type, or one of his objections, suffers from two oversights, which I identify.

Davidson has been instrumental in dampening the prospect of reductively explaining the mind. The core of his arguments turn upon his insistence that contentful mental states, the bread and butter of folk psychology, have a “normative element.” In spite of its pivotal role, as well as its intrinsic interest, the concept is very poorly developed and understood. This paper attempts to discern four different strands of the normativity of intentionality and to spark a long overdue systematic examination of a fascinating (...) and significant thesis. (shrink)

When it comes to the notion of creativity, both R. Dawkins and D. Dennett argue that creativity is a matter of random mutation, in the same way that genes randomly mutate. Neither Dennett nor Dawkins see anything else in the mimetic theory of creativity than a process of Darwinian evolution. However, this complete reliance upon the extension of evolution for understanding creativity needs to be supplemented by combining it with other ideas such as those of "schema theory," because creativity always (...) occurs within a structured context and is not simply a matter of random mutation of ideas. Schema theory comes largely from the works of E.H Gombrich, who argued that "schemas" play a crucial role in how it is that we are able to be creative. He defines schemas as structure and traditions in society that help to convey the meaning of our creative efforts. Just as semantics needs syntax within language in order to formulate and convey meaning, so by analogy memes need schemas for the creation and expression of new ideas. Rather than being the antithesis of creativity, existing forms of expression and traditions are important for the creation of new ideas. This needs to be factored into any theory of creativity in order to account for the effect of the social context on creative endeavours in addition to a Darwinian account of memes. The unconscious processes at work within the brain that are involved in the generation of ideas and other creative products can be understood using the notion of a "generator", as originally conceived by D. Dennett. This notion goes beyond mere concrete Skinnerian behavioural trial and error. Within this generator, there appear to be at work processes such as those of bisociation and association, as discussed by A. Koestler, as well as processes such as the role of language, memory, generate-and-test and intentionality that must be acknowledged in addition to the syntactic operations of schemas and the replicating contents of memes. The operation of all of these ingredients within the generator, when understood together, can be seen as responsible for our ability to be creative. (shrink)

For most people using an advertising slogan as the title for a philosophical paper is going to seem, at best, provocative, and at worst, simply cynical. However, this kind of cynical provocation is precisely what I want to address. That is, Marks and Spencer's tagline 'exclusively for everyone' is an affront to rational thought, but this is also the motive for its effectiveness. Rather than simply stating what's on offer, it plays to our dreams; rather than simply offering to match (...) our expectations, it promises to exceed them. (shrink)

Infertility, the inability to get pregnant after twelve months or more regular unprotected sexual intercourse is a global phenomenon but among the Ikwerre people of Rivers State, the blame of infertility in the family is always shifted to the woman despite the discovery of modern diagnosis that reveals that men and women can be responsible for childlessness. This research brings to bear the fact that modernity has not affected the Ikwerre people on the blame game of infertility in families. Thus, (...) this paper looked at the problem of infertility using a structured questionnaire of 4-point Likert scale, analyzed the data with a descriptive statistics and simple percentage for the socio-demographic distribution of respondent while mean and standard deviations were used to analyze the research questions. It adopted the use of Fertility Awareness Methods Theory as a panacea to the blame of infertility and concludes that knowledge of the reproductive anatomy and physiology of couples as it relates to fertility will help them make informed decisions concerning childbearing. (keywords: Infertility, Blame, Marriage, Pregnancy). (shrink)

Comment en arrive-t-on à proposer comme oeuvre d’art une relation sexuelle tarifée avec un collectionneur? En 2003, l’artiste en art conceptuel et performeuse américaine, Andrea Fraser, commettra l’impensable de « coucher » avec un collectionneur afin de critiquer le milieu et surtout le marché de l’art contemporain. L’article qui suit propose une analyse thématique de l’aspect sexuel et éthique de cette oeuvre intitulée Untitled. Il sera d’abord question des significations possibles de cette performance et ses questionnements artistiques plus autoréférentiels. Je (...) compte ensuite aborder plus précisément la position trouble de la subjectivité de l’artiste qui oscille entre une posture d’objet sexuel et d’artiste. De même, le texte fera état de la position novatrice que l’oeuvre présente sur les enjeux éthiques du travail du sexe en déconstruisant les arguments paternalistes généralement invoqués pour criminaliser le travail du sexe. Et finalement, j’aborderai la question de savoir comment la nature sexuelle de l’oeuvre vient désacraliser à la fois l’art et la sexualité, et par le fait même critiquer l’idée que la sexualité soit le siège de la subjectivité. En désacralisant ainsi la sexualité, je postule qu’Untitled offre la possibilité de concevoir le travail du sexe de manière plus neutre.How can a sexual act in exchange of money with an art collector be offered as a work of art? In 2003, performer and conceptual artist Andrea Fraser committed the unthinkable of sleeping with an art collector in order to critique the contemporary art milieu and market. The following article proposes a thematic analysis of sexual and ethical components of this work of art entitled Untitled. I will first discuss possible meanings of such a performance and its artistic considerations. I will then address more precisely the troubled position of the artist’s subjectivity, which vacillates between a sexual object and an artist. Moreover, the article will highlight the innovative position presented by this work of art on ethical issues regarding sex work by deconstructing paternalistic claims generally used to support the criminalization of sex work. Finally, I will discuss how the sexual nature of this work of art comes to desecrate art, along with sexuality, thereby criticizing the idea that sexuality is the main site of subjectivity. Through this desecration of sexuality, I argue that Untitled offers the possibility to apprehend sex work in a more neutral way. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or (...) entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

The Axis II Work Group of the Task Force on Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) has expressed concern that antisocial personality disorder (APD) criteria are too long and cumbersome and that they focus on antisocial behaviors rather than personality traits central to traditional conceptions of psychopathy and to international criteria. R. D. Hare et al describe an alternative to the approach taken in the DSM-III—Revised (DSM-III—R; American Psychiatric Association, 1987), namely, the revised Psychopathy Checklist. The authors also (...) discuss the multisite APD field trials designed to evaluate and compare 4 criteria sets: the DSM-III—R criteria, a shortened list of these criteria, the criteria for dyssocial personality disorder from the 10th edition of the International Classification of Diseases (World Health Organization, 1990), and a 10-item criteria set for psychopathic personality disorder derived from the revised Psychopathy Checklist. (PsycINFO Database Record (c) 2015 APA, all rights reserved). (shrink)

hroughout medieval Christianity, religious works of art emerged to illustrate the teachings of the Bible for the largely illiterate population. What, then, is the significance of the psychoactive mushrooms hiding in plain sight in the artwork and icons of many European and Middle-Eastern churches? Does Christianity have a psychedelic history? -/- Providing stunning visual evidence from their anthropological journey throughout Europe and the Middle East, including visits to Roslyn Chapel and Chartres Cathedral, authors Julie and Jerry Brown document the (...) role of visionary plants in Christianity. They retrace the pioneering research of R. Gordon Wasson, the famous “sacred mushroom seeker,” on psychedelics in ancient Greece and India, and among the present-day reindeer herders of Siberia and the Mazatecs of Mexico. Challenging Wasson’s legacy, the authors reveal his secret relationship with the Vatican that led to Wasson’s refusal to pursue his hallucinogen theory into the hallowed halls of Christianity. -/- Examining the Bible and the Gnostic Gospels, the authors provide scriptural support to show that sacred mushrooms were the inspiration for Jesus’ revelation of the Kingdom of Heaven and that he was initiated into these mystical practices in Egypt during the Missing Years. They contend that the Trees of Knowledge and of Immortality in Eden were sacred mushrooms. -/- Uncovering the role played by visionary plants in the origins of Judeo-Christianity, the authors invite us to rethink what we know about the life of Jesus and to consider a controversial theory that challenges us to explore these sacred pathways to the divine. (shrink)

Through examples of embodied and learning-centered pedagogy, we discuss transformative learning of transgressive topics. We begin with a taxonomy of types of learning our students undergo as they resolve inconsistencies among their pre-existing beliefs and the material they confront in our course on feminist ethics and epistemology. We then discuss ways to help students maximize their learning while confronting internal inconsistencies. While we focus on feminist topics, our approach is broad enough to be relevant to anyone teaching a transgressive or (...) controversial topic. (shrink)

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and (...) determinate rule application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...) time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (shrink)

Through examples of embodied and learning -centered pedagogy, we discuss transformative learning of transgressive topics. We begin with a taxonomy of types of learning our students undergo as they resolve inconsistencies among their pre-existing beliefs and the material they confront in our course on feminist ethics and epistemology. We then discuss ways to help students maximize their learning while confronting internal inconsistencies. While we focus on feminist topics, our approach is broad enough to be relevant to anyone teaching a transgressive (...) or controversial topic. (shrink)

The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The ascriptive legal statements (...) theory proposed by the Oxford School of Law (Herbert Hart, Joseph Raz, and others) serves as the core of contemporary legal positivism. This theory is based on the notion of defeasibility for legal responsibility without any moral reasoning. There, phenomena of law are interpreted as purely linguistic, not social constructions. Analysis of pure law language should provide all the needful tools to extract hidden meaning from any legal norm. This analysis does not require going beyond the legal language since it does not describe any real situations in the world, but merely expresses legal requirements, allowing to legally qualify some observed events. It completely eliminates any references to moral principles from the analysis of legal language. However the critical reconstruction theory of ascriptive legal statements shows limitations of the legal positivism’s analytical approach to the phenomena of law. The example of a fictitious legal collision offered demonstrates limitations of the legal positivism approach to the understand- ing of law phenomena. This collision is a complex conceptual mix of Frankfurt-style examples and imaginary situations in the Trolley Problem widely known in analytical ethics. It clearly demonstrates the possible paradox of a law judgment in situations where conditions for the recognition and cancellation of legal liability are the property of two different (not necessarily openly contradictory) legal norms. It can serve as a strong argument in favor of contemporary theories of natural law (Lon Fuller, John Finnis, Ronald Dworkin, and others), which questioned the possibility of creating a theory of pure law. They considered it senseless and impossible to draw any strict border between moral and legal norms. Immoral law cannot have the particular property of creating a moral obliga- tion to follow such like a law. Law cannot be built on legality only, and the answers to all significant legal questions should be found in moral theories. (shrink)

In light of new historical evidence regarding ethnomycologist R. Gordon Wasson’s correspondence with art historian Erwin Panofsky, this article provides an in-depth analysis of the presence of entheogenic mushroom images in Christian art within the context of the controversy between Wasson and philologist John Marco Allegro over the identification of a Garden of Eden fresco in the 12th century Chapel of Plaincourault in France. It reveals a compelling financial motive for Wasson’s refusal to acknowledge that this fresco represents Amanita muscaria, (...) as well as for Wasson’s reluctance to pursue his hypothesis regarding the entheogenic origins of religion into Christian art and artifacts. While Wasson’s view – that the presence of psychoactive mushrooms in the Near and Middle East ended around 1000 BCE – prevailed and stymied research on entheogens in Christianity for decades, a new generation of 21st century researchers has documented growing evidence of A. muscaria and psilocybin-containing mushrooms in Christian art, consistent with ethnobotanist Giorgio Samorini’s typology of mushroom trees. This article presents original photographs, taken during fieldwork at churches and cathedrals throughout Europe and the Middle East, that confirm the presence of entheogenic mushrooms in Christian art: in frescoes, illuminated manuscripts, mosaics, sculptures, and stained glass windows. Based on this iconic evidence, the article proposes a psychedelic gospels theory and addresses critiques of this theory by art historians, ardent advocates, medieval historians, and conservative Catholics. It calls for the establishment of an Interdisciplinary Committee on the Psychedelic Gospels to independently evaluate the growing body of evidence of entheogenic mushrooms in Christian art in order to resolve a controversial question regarding the possible role of entheogens in the history and origins of Christianity. (shrink)

The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...) audience. The second theory portrays the law as a mode of interpretation, whereby judges, officials, and ordinary citizens make decisions about how the law applies in various practical contexts. The law's meaning is that furnished by its interpreters. According to this theory, law is a receptacle into which decision-makers pour meaning. The third viewpoint argues that these theories, while not altogether wrong, are incomplete because they downplay or ignore the autonomous meaning that the law itself possesses. This theory suggests that the law is basically a mode of participation, whereby legislators, judges, officials, and ordinary people attune themselves to an autonomous field of legal meaning. The law's meaning is grounded in a body of social practice which is independent of both the law's authors and its interpreters and which is infused with basic values and principles that transcend the practice. On this view, law is the emblem of meaning that lies beyond it. -/- Elements of all three theories are present in H.L.A. Hart's influential work, The Concept of Law, which attempts to fuse them into a single, all-encompassing theory. Nevertheless, as we will argue here, the attempt is not successful. Any true reconciliation of the communication and interpretation theories can only take place within the framework of a fully developed participation theory. In the early stages of his work, Hart lays the foundation for such a theory. However, his failure to elaborate it in a thoroughgoing way renders the work incomplete and ultimately unbalanced. As we will see, there is something to be learned from this failure. (shrink)

Philosophers, and students of philosophy, are often advised to interpret other philosophers charitably. In this paper, I present an alternative to interpreting charitably. I call it “the simple-model technique” and use H.L.A. Hart responding to John Rawls to illustrate it.

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.

In this brief introduction, I shall rather reflect, from a biographer’s viewpoint, on the significance of Discretion for our understanding of the trajectory of Hart’s ideas and on the significance of his year at Harvard. I shall then move on to consider the intriguing question of why Hart did not subsequently publish or build on some of the key insights in the paper itself. Here I highlight the fact that, almost uniquely in Hart’s work, Discretion features a (...) notable emphasis on the significance of institutional factors in our understanding of the nature of legal decisionmaking; and I argue that Hart’s failure fully to develop this insight in the essay, or to build on it in his subsequent work, derives from the fact that such a development would have necessitated a diversion from the philosophical issues that were his core intellectual concern, and moreover would have presented certain dangers to his conception of legal positivism. I shall conclude by considering what contribution the essay makes to our overall interpretation and evaluation of Hart’s legal philosophy. (shrink)

Fourteen philosophers share their experience teaching Peirce to undergraduates in a variety of settings and a variety of courses. The latter include introductory philosophy courses as well as upper-level courses in American philosophy, philosophy of religion, logic, philosophy of science, medieval philosophy, semiotics, metaphysics, etc., and even an upper-level course devoted entirely to Peirce. The project originates in a session devoted to teaching Peirce held at the 2007 annual meeting of the Society for the Advancement of American Philosophy. The session, (...) organized by James Campbell and Richard Hart, was co-sponsored by the American Association of Philosophy Teachers. (shrink)

Action research serves a pivotal purpose in enhancing educational practices as well as the achievement of students, as teachers can now take a more proactive role in the process. Success in action research initiatives depends on the self-efficacy of teacher researchers, their capability to handle their research roles, and the challenges they experience in initiating action research. This study looked into the research self-efficacy, productivity, and the issues the teachers face in conducting action research in one school district in the (...) Philippines. Data were collected through interviews with eight teacher-researchers. Findings show the tendency of less self-efficacy in the teachers’ research activities caused by inadequate research time due to their demands for teaching and poor self-confidence in engaging in research. Teachers experienced work overload, compounding the problem of observing time for research activities. They also lack sufficient funding for action research and institutional support from schools to help facilitate it. To address such challenges and warrant the participation of the teachers in research, there is a need for improved work schedules and a boost in institutional support for capacitating teachers. (shrink)

This collection brings together fourteen contributions by authors from around the globe. Each of the contributions engages with questions about how local and global bioethical issues are made to be comparable, in the hope of redressing basic needs and demands for justice. These works demonstrate the significant conceptual contributions that can be made through feminists' attention to debates in a range of interrelated fields, especially as they formulate appropriate responses to developments in medical technology, global economics, population shifts, and poverty.

We often effortlessly take the perceptual perspective of others: we represent some aspect of the environment that others currently perceive. However, taking someone's perspective can interfere with one's perceptual processing: another person's gaze can spontaneously affect our ability to detect stimuli in a scene. But it is still unclear whether our cognitive evaluation of those judgements is also affected. In this study, we investigated whether social perspective-taking can influence participants' metacognitive judgements about their perceptual responses. Participants performed a contrast detection (...) task with a task-irrelevant avatar oriented either congruently or incongruently to the stimulus location. By “blindfolding” the avatar, we tested the influence of social perspective-taking versus domain-general directional orienting. Participants had higher accuracy and perceptual sensitivity with a congruent avatar regardless of the blindfold, suggesting a directional cueing effect. However, their metacognitive efficiency was modulated only by the congruency of a seeing avatar. These results suggest that perceptual metacognitive ability can be socially enhanced by sharing perception of the same objects with others. (shrink)

In this review, we describe some of the central philosophical issues facing origins-of-life research and provide a targeted history of the developments that have led to the multidisciplinary field of origins-of-life studies. We outline these issues and developments to guide researchers and students from all fields. With respect to philosophy, we provide brief summaries of debates with respect to (1) definitions (or theories) of life, what life is and how research should be conducted in the absence of an accepted theory (...) of life, (2) the distinctions between synthetic, historical, and universal projects in origins-of-life studies, issues with strategies for inferring the origins of life, such as (3) the nature of the first living entities (the “bottom up” approach) and (4) how to infer the nature of the last universal common ancestor (the “top down” approach), and (5) the status of origins of life as a science. Each of these debates influences the others. Although there are clusters of researchers that agree on some answers to these issues, each of these debates is still open. With respect to history, we outline several independent paths that have led to some of the approaches now prevalent in origins-of-life studies. These include one path from early views of life through the scientific revolutions brought about by Linnaeus (von Linn.), Wöhler, Miller, and others. In this approach, new theories, tools, and evidence guide new thoughts about the nature of life and its origin.We also describe another family of paths motivated by a” circularity” approach to life, which is guided by such thinkers as Maturana & Varela, Gánti, Rosen, and others. These views echo ideas developed by Kant and Aristotle, though they do so using modern science in ways that produce exciting avenues of investigation. By exploring the history of these ideas, we can see how many of the issues that currently interest us have been guided by the contexts in which the ideas were developed. The disciplinary backgrounds of each of these scholars has influenced the questions they sought to answer, the experiments they envisioned, and the kinds of data they collected. We conclude by encouraging scientists and scholars in the humanities and social sciences to explore ways in which they can interact to provide a deeper understanding of the conceptual assumptions, structure, and history of origins-of-life research. This may be useful to help frame future research agendas and bring awareness to the multifaceted issues facing this challenging scientific question. (shrink)

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, (...) Liberty and Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

In an interdisciplinary discussion with an international group of experts, we address the question of why faces matter so much. We approach the issue from different academic, technological and artistic perspectives and integrate these different perspectives in an open dialogue in order to raise awareness about the importance of faces at a time when we are hiding them more than ever, be it in “facing” other human beings or in “facing” digital technology.

قراءة وتعليق لكتاب (فهم الإسلام في اليابان) للأستاذ الدكتور سمير نوح. يقع الكتاب في 256 صفحة من القطع المتوسط، ويتألف من مقدمة ومدخل وستة فصول، تتناول في مجملها طبيعة فهم اليابانيين للأديان بصفة عامة، وللدين الإسلامي بصفة خاصة، وفعاليات العلاقات العربية الإسلامية اليابانية منذ بدايتها وحتى وقتنا الراهن في معية المتغيرات الدولية المؤثرة، وطبيعة حياة المسلمين في اليابان: قضاياهم ومشكلاتهم وطموحاتهم، فضلاً عن أنشطة الجامعات اليابانية ومراكز البحوث والأكاديميين اليابانيين في مجال التعريف بالإسلام وبثقافته وحضارته. وتكمن أهمية الكتاب في كونه (...) يمثل مصدرًا ثريًا للقارئ العربي المهتم بالشأن الياباني مقارنة بالوضع الحضاري للعالم العربي – الإسلامي، بالإضافة إلى ما يحمله بين جنباته من إجابات لتساؤلات تؤرق بالضرورة كل من سمع أو عايش أو قرأ عن التجربة اليابانية. (shrink)

Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes (...) vague and, even when it is clear, the content itself is sometimes vague. The monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law with the aim of providing plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? (shrink)