This paper explores the feasibility of offering a restorative justice (RJ) approach in cases of domestic violence (DV). I argue that widely used RJ processes—such as ‘conferencing’—are unlikely to be sufficiently safe or effective in cases of DV, at least as these processes are standardly designed and practiced (Sections 1-6). I then support the view that if RJ is to be used in cases of DV, then new specialist processes will need to be co-designed with key stakeholders to ensure they (...) embody not only RJ principles, but also feminist theory and the concept of transformative justice (Section 7). (shrink)

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the (...) recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect both the theoretical and (...) practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice. (shrink)

This article provides an exposition of restorative justice ethics, briefly explaining how and why its relational constitution enables it to comprise a theory of justice. I then describe how that relational constitution permits it to overlap, and work in tandem, with a wide range of religious and philosophical traditions. Numerous writings in religion and peacebuilding explore the roles that restorative justice has played in transitional justice contexts (Tutu 2000, Abu-Nimer 2001, de Gruchy 2002, Biggar 2003, Walker 2004, Villa-Vicencio 2009). Less (...) examined are cases in which restorative justice aims to provide a sustainable alternative to justice institutions and systems that generate substantial systemic injustices—what peace studies scholars describe as the inter-lacing of structural, cultural, and direct forms of violence (Springs 2015). In part two, then, I make the case that intervening in, and countering, structural and cultural violence, and systemic injustices, is conceptually intrinsic to restorative justice. Moreover, this opens possibilities for restorative justice to present sustainable alternatives to—and work to transform— structural violence occurring in retributive justice systems. Restorative justice can uniquely intervene in these ways, I argue, because of the form of moral and spiritual association its relational constitution engenders. As a test case, I briefly examine its capacity to intervene in the justice system that perhaps leads the world in the levels of structural and cultural violence—the United States. (shrink)

The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue that this phenomenon is, in part, a (...) consequence of (i) the almost universal use of service-delivery criteria in the evaluation of Restorative Justice programs, and (ii) the absence of research on the interactional processes involved within the victim-offender encounter itself, using suitably designed methodological tools. (shrink)

The chapter revisits the relationship between restorative justice and punishment through the eyes of Classical Greek philosophy and tragedy, the School of Collectivists, and contemporary thinkers. The extant literature sees restorative justice either as alternative punishment or an alternative to punishment. This chapter puts forward the notion of restorative punishment by deconstructing the concept of pain, and by reconstructing a new vision through the notion of catharsis. The chapter then takes a bold step in proposing a philosophical framework to justify (...) the normative thinking underpinning its proposed concept of restorative punishment and pain. (shrink)

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore be one of maximum (...) independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. [Note: The publisher offers a 40% discount on this book (conditions apply). Please see the author's website: "Relational Approaches" for details.]. (shrink)

This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable to assign personal criminal liability for (...) corporate fault. Section 3 looks at what it is that restorative justice can offer a bereaved family. Section 4 presents a range of suggestions as to how restorative justice could be used in this context—informed by real cases wherever possible. Section 5 presents a brief proposal regarding what may be the most effective and efficient strategy or model, in terms of developing a pilot restorative justice service in this area. Section 6 offers some preliminary guidance for a further consultation that would involve all the key stakeholders. (shrink)

Restorative justice (RJ) in the secure estate is widespread internationally, although piecemeal and inconsistent in its application. It exists in the form of many practices such as mediation, conferencing, circles, and panels. As the interest in RJ continues to grow, this research takes a step back to ask how reconcilable RJ is with incapacitation. Through a combination of normative thinking, literature review, and primary research that applied qualitative methodologies over a 3-year period, the article examines where the two notions meet (...) in their intentions and expected outcomes. A new classification of restorative practices in prisons is proposed, placed in the context of case studies of existing programs from around the world. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

In this issue, Ahmadi1 reports on the practice of hymenoplasty—a surgical intervention meant to restore a presumed physical marker of virginity prior to a woman's marriage. As Mehri and Sills2 have stated, these women ‘want to ensure that blood is spilled on their wedding night sheets.’ Although Ahmadi's research was carried out in Iran specifically, this surgery is becoming increasingly popular in a number of Western countries as well, especially among Muslim populations.3 What are the ethics of hymen restoration?Consider (...) the role of the physician. Two of the doctors interviewed by Ahmadi reported being in ‘a perpetual state of guilt because of the surgery's inherent aim at deceiving the groom’ and noted their ‘personal conflict’ at being involved in this deception. Yet: "None of the doctors believed that the surgery was unethical, arguing that the girl could be ‘abused’ and ‘can even die’ if she is discovered not … ". (shrink)

Our environmental wrongdoings result in a moral debt that requires restitution. One component of restitution is reparative and another is remediative. The remediative component requires that we remediate our characters in ways that alter or eliminate the character traits that tend to lead, in their expression, to environmental wrongdoing. Restitutive restoration is a way of engaging in ecological restoration that helps to meet the remediative requirement that accompanies environmental wrongdoing. This account of restoration provides a new motivation (...) and justification for engaging in restorative practices in addition to the standard pragmatist justification and motivations. (shrink)

This chapter surveys the ethical and metaphysical issues raised by the restoration of paintings and sculptures.

This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and (...) improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. -/- This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world. (shrink)

In May 2023, Fakhraee et al. published a research article titled “Ocean alkalinity enhancement through restoration of blue carbon ecosystems” in Nature Sustainability. In this essay, we discuss an assessment of the costs of restoring and maintaining the mangrove-seagrass ecosystems indicated in the article.

Unquestionably, Restorative Justice (hereafter RJ) has finally gathered some real momentum. It has become a sine qua non topic in many national and international policy and statutory agendas. However, as the restorative practice expands to deal with crimes, ages and situations it has never addressed before (at least in its contemporary version), and as its application starts to make sense not only to national but also to regional and international bodies and fora, new theoretical problems are posed. In the fast-growing (...) literature many theories and Schools have been evoked to support RJ's claims. This paper will take the discussion a step back by looking at questions of meta-theoretical character. In particular, the paper will ask: Does RJ have a place in the “world of theories,” and if it does, then what kind of theory is it, and on what level should it be placed? Second, does RJ theory need a philosophy, and why? Finally, how can restorative practices be morally justified? (shrink)

Since the publication of Andrews Reath's “Two Conceptions of the Highest Good in Kant” (Journal of the History of Philosophy 26:4 (1988)), most scholars have come to accept the view that Kant migrated away from an earlier “theological” version to one that is more “secular.” The purpose of this paper is to explore the roots of this interpretative trend, re-assess its merits, and then examine how the Highest Good is portrayed in Kant’s Religion within the Boundaries of Mere Reason. As (...) will be argued, it is in this text more so than any other where Kant develops his most philosophically sophisticated account of the Highest Good. Because of the central significance of Kant’s doctrine of the Highest Good for both his ethical theory and philosophy of religion, this paper therefore seeks to provide an important corrective to the current received views. (shrink)

Despite the fact that common sense taxes emotions with irrationality, philosophers have, by and large, celebrated their functionality. They are credited with motivating, steadying, shaping or harmonizing our dispositions to act, and with policing norms of social behaviour. It's time to restore emotion's bad rep. To this end, I shall argue that we should expect that some of the “norms” enforced by emotions will be unevenly distributed among the members of our species, and may be dysfunctional at the individual, social, (...) moral, or even species levels. I”ll adduce three considerations in support of that pessimistic view: The fallacy of adaptive fixation, the moral randomness of group selection, and the lack of fit between “natural norms” set up by evolution and those moral and social norms we would like philosophy to justify. (shrink)

Human rights and restorative justice are rarely brought under the same spotlight despite their normative similarities. In fact, this gap becomes even more apparent when put in the context of policy and practice internationally. Firstly, there is a developing gap between public perception and evidence-based depiction of crime. Secondly, scholarly debates are rarely reflected in criminal justice policy and legislation. This failure has an impact on recidivism, the spiralling costs of penal interventions, but most importantly on how we view our (...) interpersonal and inter-communal relationships. -/- This unique collection of papers brings together international leading experts in human rights and restorative justice to address a gap in the literature. From reconstructing and restorative human rights for restorative justice to addressing issues such as the standardisation of restorative justice, this edited volume is a must read for researchers, practitioners and campaigners. (shrink)

The attitude to the Bible is a seismograph for scrutinizing the attitude of Zionism, in general, and that of the settlers, in particular, to their ideological and political world view. To where in the Bible are the settlers returning? To the Land of Canaan, to the land of the Patriarchs, or perhaps to the Kingdom of David? And what is the meaning of this return? It is not only the land that is basic to this question, but the relationship of (...) the Land of Israel to the people of Israel. In this article, we will mainly address the radical theological facets of the settler movement, not the proponents of Greater Israel. Our article will focus on the replication of settler theology from the first stage of Gush Emunim and the act of settlement, which in the opinion of the settlers is in accord with the continuation and completion of the Zionist project, to a more metaphysical phase, in which the centrality of the act of settlement gives way to Hassidic or kabbalistic thinking. The models which we present, make possible a fresh look at the utopian thinking and radical theology that are nourished by the settler movement and reflect a new, non-homogeneous stage. (shrink)

I argue, contra Mohan Matthen, that at least some aesthetic pleasures arising from the appreciation of aesthetic features of artworks are what he calls ‘r-pleasures’ as opposed to ‘f-pleasures’—and moreover, that the paradigm aesthetic pleasure appears to be an r-pleasure on Matthen's terms. I then argue that talk of r- and f-pleasures does not distinguish different kinds, but two different features of pleasure; so this supposed distinction cannot be used to characterize a sui generis aesthetic pleasure.

Alexander Campbell once declared “a solemn league and covenant” between philosophy and common sense. Campbell’s pronouncement is representative of a broader trend in the Restorationist movement to look favorably on the common sense response to skepticism—a response originating in the work of Scottish philosopher and former minister Thomas Reid. I recount the tumultuous history between philosophy and common sense followed by the efforts of Campbell and Reid to reunite them. Turning to the present, I argue that an epistemic principle known (...) as phenomenal conservatism best embodies the core insights contained within Reid and Campbell's common sense response to skepticism. I finish by arguing for phenomenal conservatism. (shrink)

critiques the degradation of the person in current philosophical thought. This page points out some challenges to behaviorism, eliminativism, postmodernism, and other antipersonal ideas.

In this article, I analyze norm enforcement on social media, specifically cases where an agent has committed a moral transgression online and is brought to account by an Internet mob with incongruously injurious results in their offline life. I argue that users problematically imagine that they are members of a particular kind of moral community where shaming behaviors are not only acceptable, but morally required to ‘take down’ those who appear to violate community norms. I then demonstrate the costs that (...) are associated with this strategy; the most worrisome being those that distort the nature of moral dialog and the purpose and effectiveness of accountability practices online, creating a vitriolic and polarising online environment. Because of these negative consequences, I suggest that we ought to hold others accountable for restorative ends. I argue that restorative accountability practices can help us cultivate new norms online that rely less for their enforcement upon negative acts such as shame, and more upon positive acts that focus upon the most appropriate way to make amends to the victim(s) and the community. In this sense, restorative accountability incorporates important elements from the ethics of care, a relational ethics that values creating, promoting, and restoring good social and personal relationships. I conclude by arguing that accountability practices premised on the ethics of care produce better outcomes for the victim (s) of a moral violation, the transgressor, and the community. (shrink)

Abstract: We examine how trustworthy behaviour can be achieved in the financial sector. The task is to ensure that firms are motivated to pursue long-term interests of customers rather than pursuing short-term profits. Firms’ self-interested pursuit of reputation, combined with regulation, is often not sufficient to ensure that this happens. We argue that trustworthy behaviour requires that at least some actors show a concern for the wellbeing of clients, or a respect for imposed standards, and that the behaviour of these (...) actors is copied in such a way that it becomes a behavioural norm. We briefly suggest what such behavioural norms might need to be if trustworthy behaviour is to be achieved, and consider how they might be supported; we describe the research that is necessary in order to understand these norms in more detail. We argue that the norms of traders are different from the norms of those engaged in other activities, since they are inevitably self-interested, and we consider the risk that traders’ norms might undermine those of other actors. We analyse the task for governance in dealing with this problem, and the role which leadership by a corporate board and management might play in doing this. We describe the need for further research in to describe how this might be done. (shrink)

The paper examines the ways trust can be re-build for the future of free trade.

"Then to this earthen Bowl did I adjourn My Lip the secret Well of Life to learn: And Lip to Lip it murmur'd-"While you live Drink!-for once dead you never shall return." " [http://philpapers.org/profile/112741] .

Note that this paper is 35 pages, and had been replaced in many places w/ a draft w/o authorization. -/- The academy, broadly construed to include faculty, administrators at all levels, and editors, referees, and publishers of academic work, is beset by more ills bespeaking of a fundamental lack of integrity than can possibly be enumerated in a single monograph; nevertheless, as the need is urgent, and everyone seems to prefer either silence or piecemeal treatments, myself heretofore included, five ills (...) are enumerated herein, then traced to seven deadly sins that beset the entire enterprise—although not in its entirety, of course—and some surprisingly simple, commonsensical, and practicable solutions are advanced. (shrink)

The objective of the paper is the methodological presentation of the basic principles towards a critical interdisciplinary approach for studying the history of monuments restoration, valid for different cultures. The proposed integrated framework offers the possibility to study and document monuments restoration in various spatial levels e.g. global, continental, international, national, regional, and local. The conceptual and methodological aspects are based on the following fundamental pillars a) the development of science and technology, including relevant history of education, b) (...) the evolution of the restoration philosophy, c) the incorporation of the above in restoration projects at a lower level, d) the infiltration of the above in restoration interventions at the lowest level. The author expects that the above successive and/or parallel levels of scientific branches can contribute effectively to the analysis, synthesis and comparative assessment of the aspects and criteria that influenced monuments restoration timeline. The challenge for the researcher of the monuments restoration history is the adjustment of the whole process to his own –under research- level in such a way as to take advantage of all theinterdisciplinary inputs creating, thus, inventive links and stimulating new information and knowledge. The above are briefly tested in the case study of Thessaloniki, Macedonia, Greece. Such an inductive approach will enable all disciplines to devote their finest efforts towards understanding, documenting and studying monuments restoration history and, thus, support effectively a sustainable future for the world’s cultural heritagel audience. (shrink)

We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. As humanity is getting to grips with socio-economic consequences that can only be compared with those that followed World War II, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. (...) Structured around the four concepts of power - race - justice - restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with twenty-five case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides' new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful book that generates much needed hope. Through a multi-disciplinary dialogue that uses social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally. (shrink)

The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the common (...) law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)

This article was developed as part of the forthcoming special issue on "Reparations" for the Journal of Social Philosophy and was accepted (with minor revisions) by the guest editors Christina Nick and Susan Stark in November 2021. The special issue article is available online open access for early view. -/- Abstract: The United Nations Commission on Human Rights acknowledges the Right to Know as part of state obligations to combat impunity and thereby protect and promote human rights in the aftermath (...) of “serious crimes under international law”. In light of such an institutionally acknowledged epistemic right of victims, this paper explores the normative foundations of the idea of epistemic reparation in the aftermath of genocide. I argue that such epistemic reparation requires not only fulfilment of the informational needs of victims, survivors and descendants, including access to knowledge about the violations. By taking into account epistemic injuries, which are part and parcel of genocide, it ought to also re-establish victims’ epistemic standing. This is because genocide is enabled, justified and even prescribed through a genocidal epistemology involving the propagation of falsehoods and misinformation about social reality as well as abuses of epistemic authority and epistemic authoritarianism. Hence, epistemic reparation ought to correct the dysfunctional epistemic practices that underlie and sustain a genocidal epistemology. It thereby provides victims, survivors and descendants with epistemic recognition that has been systematically withdrawn from them, making epistemic reparation a crucial element of restorative justice. (shrink)

In this chapter, we explore how themes of existential philosophy have been used to develop a formal orientation of psychotherapy, and we discuss the main principles of existential psychotherapy and their application in practice. We also draw upon case examples to specifically illustrate how the approach of existential psychotherapy is utilized in clinical practice. In the case examples, each patient's identify has been disguised to maintain confidentiality. The new science of meaning, represented by the chapters in this volume, not only (...) offers therapists a deep conceptual framework within which to practice older, more established techniques but should also suggest new approaches. By recognizing the centrality of meaning as sense making and acknowledging the distinction between the what and the why of sense making, therapists should be armed with a variety of epistemic and teleological tools with which to fashion therapy strategies that are unique for each individual. (shrink)

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality as (...) potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case. (shrink)

English Abstract In Art as Experience, John Dewey decried the estrangement of art from lived human experience, both by artificial conceptual walls and the physical walls that secluded art within museums. Instead he argued that making and enjoying art are crucial organic functions that sustain communities and integrate individuals within their environments. In the 1920’s Diego Rivera became one of the luminaries of the Mexican muralist movement by creating frescoes that were rooted in Mexican life, both in their subject matter (...) and public location. Rivera and the other artists working within the government cultural program guided by José Vasconcelos created murals that boldly expressed the new values of democracy, peaceful revolution, racial equality and cultural pride. This essay explores the deep resonance between Rivera’s most prominent murals from this period and Dewey’s argument that art is a refined and integral feature of human experience. In particular, this essay will examine the great extent to which these men independently came to the common understanding that for people to thrive and grow they need to create and experience art that grows out of and remains rooted in their culture. Without claiming that either thinker influenced the other, this essay argues that their works mutually inform and enrich each other. Both men sought to free art from the museum, but where Dewey urged us tear down the walls that separated art from lived experience, Rivera transformed walls themselves into murals that unified and educated the people of Mexico and restored their culture. (shrink)

Many philosophers have found change puzzling. How can it be that something changes in its properties and yet remains the same thing? How can one and the same thing have these different properties? Questions of this sort, about the persistence of things through change, have been an ongoing feature of philosophical discussion since the beginning of the discipline. I think that there is something puzzling here, and that investigating change can be a fruitful way of trying to understand a nest (...) of connected issues concerning identity, time, tense, objects, properties, and instantiation. But not all agree. In some fairly recent papers, for instance, it has been argued that change is not problematic: there is nothing to be worried about. The phenomenon of change, it is suggested, is not one of particular philosophical interest, and we shouldn’t expect it to illuminate our wider discussion. As I have said, I think that change is problematic. I think it is initially mysterious how things can change. I believe working through the problem can tell us things about what the world is like, and thus that it is worthwhile doing so. In this paper I’ll defend the problem from the attempted dissolutions of it. In brief, my argument will be that what we are offered is not a real dissolution of the problem but rather an existing solution to the problem, namely adverbialism. This solution is not universally or even generally accepted. Pointing to a contested solution to a problem is doesn’t successfully dissolve that problem, so the problem of change is not successfully dissolved. (shrink)

The following considers the role of historical fidelity in habitat reconstruction efforts. To what extent should habitat reconstruction be guided by the goal of recreating some past state of a damaged ecosystem? I consider Sarkar’s “replacement argument,” which holds that, in most habitat reconstruction efforts, there is little justification for appealing to historical fidelity. I argue that Sarkar does not provide adequate grounds for deprecating historical fidelity relative to other natural values such as biodiversity or wild nature.

This article presents a new understanding of how the context of Restoration debates around toleration, magisterial authority and political obligation impinged upon Locke’s mature thought. It proposes that prominent Anglican clergymen, by utilising Hobbist ideas in their arguments for religious conformity, transformed the debate around toleration. In particular, Samuel Parker’s Discourse of Ecclesiastical Politie’s potent mix of Hobbism, theological moralism and Scholastic natural law led to important nonconformists, such as Owen and Ferguson, reshaping their arguments in response. They were (...) forced to make an argument upon first principles as to precisely why Parker’s naturalistic account of ecclesiastical authority was inadequate to justify their own particular view of religious institutions. Crucially, the specific features of Parker’s argument, led to John Humfrey, a largely overlooked figure, developing a set of ideas that preconfigured Locke’s later thought. This article then highlights Locke’s creative engagement with the ideas of his time, by charting the changes to Locke’s ecclesiology and view of natural law from 1667-1674, alongside the similar conceptual shifts made by Humfrey. (shrink)

This is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.

There are two primary arguments against scientific realism, one pertaining to underdetermination, the other to the history of science. While these arguments are usually treated as altogether distinct, P. Kyle Stanford's ‘problem of unconceived alternatives’ constitutes one kind of synthesis: I propose that Stanford's argument is best understood as a broad modus ponens underdetermination argument, into which he has inserted a unique variant of the historical pessimistic induction. After articulating three criticisms against Stanford's argument and the evidence that he offers, (...) I contend that, as it stands, Stanford's argument poses no threat to contemporary scientific realism. Nonetheless, upon identifying two useful insights present in Stanford's general strategy, I offer an alternative variant of the modus ponens underdetermination argument, one that, although historically informed by science, requires no inductive premises. I contend that this non-inductive but historically informed variant of the modus ponens clarifies and considerably strengthens the case against scientific realism. (shrink)

Many anthropologists interpret neoliberalism as a radical break from and dangerous rupture in post-war societies that featured Keynesian economic policies and welfare provision. The allure of a mythic welfare state has boosted John Maynard Keynes’s popularity to many who embrace certain facets of socialism. Many critical social scientists have embraced Keynesianism in ways that overlook how the US used Keynesian policies to reengineer and redeploy state power. Keynes’s liberal synthesis inspired managers in the US Treasury Department to understand depression-era problems (...) of unemployment and poverty in ways that were consonant with the expansion of corporate power. For understanding Keynesianism, as it actually existed during the Cold War, we must analyse how the US Treasury and State Departments used Keynesian principles to rebuild the social reproductive capacities necessary for capitalist accumulation both domestically and in Western Europe. I focus on how the architects of postwar capitalism used full employment policies, labour laws and welfare provision to renovate the nexus of political practices and institutional structures in ways that formed a benevolent and caring image of ‘the state’ and the myth of a class compromise. Through these reforms, governmental planners and administrators used the ‘state idea’ to reorganize capital accumulation as if the post-war economy would represent ordinary people’s best interests. In the process, these sophisticated practices of power became reified as the ‘welfare state’ and the ‘Keynesian compromise’ in ways that endow these institutions and policies with a character divorced from practices of power. The post-war state embodied a dialectic of repression and reform that combined criminalizing dissent with full employment policies and welfare provision. Taking these aspects of power into account, we can see post-war Keynesianism in ways that inspire a robust and far-reaching criticism of the contemporary predicament of economic uncertainty, political instability and environmental degradation. (shrink)

A Total Liberation Pathway is proposed, involving an abolition of compulsory work for all beings. This trajectory involves drastically shortening humans’ workweek, ending the exploitation of animals including for food, and rewilding ecosystems currently exploited as “working landscapes.” Using the climate models the Global Calculator and C-Roads Pro, I demonstrate that the Total Liberation Pathway could return atmospheric CO2 and global temperature levels to the 300 ppm and 1°C targets demanded by the 2010 People’s Agreement of Cochabamba, and could achieve (...) the precautionary target of rewilding of 75% of the Earth. I also propose possible contours of a strategy of resistance and reconstruction. Although Indigenous communities and energy and agricultural workers will have an indispensable role in the transition, through control over land and key economic bottlenecks, the entire resistance of human and nonhuman beings offers hope. Letting nature play, humans included, could enable a livable future. (shrink)

After Al-Tusi and his effective work- which is called Nasirian Ethics- Islamic Philosophical Ethics emerges a fixed perspective that tips the balance (scale) in favor of otherworldly Eudemonia and considers worldly Eudemonia as rental land which can be abandoned. Ibn Khaldun tries to present a communicative theory; but his work has limited under the main discourse of Islamic Ethics which is fixed in the space and effect of the mentioned balance. As a consequence, after Mulla Sadra and in Esfahan school, (...) the Nasirian though is developed. then the main challenge is that the social development is slowed diminished in favor of individual Eudemonia. But it seems that Tabatabai in his theory (Constructional Perceptions) shows or reconstructs an almost unanimous consensus which tries to find a compromise between temporal (worldly) and eschatological (otherworldly) Eudemonia. In this paper and according to its descriptive- analytic prospect- with memorizing a historical transformation- Tabatabai 's theory is supposed as an alternative for reconstituting of Islamic Philosophical Ethics, which is based on the popular goodness and civil development. (shrink)

In this paper, the stability control of the inverted pendulum on a cart with a disturbance forces has been done using observer based and full state feedback H2 controllers. The Lagrangian equation has been used to model the system equation of motions and linearized the system to the unstable upward position. Comparison of the system stability has been simulated by comparing the proposed controllers using Matlab/Scripts and a promising results has been analyzed successfully.

This article reviews the political thought of one of the most important figures during the Islamic resurgence in the 20th century, Abul A’la Maududi. The thought of Maududi is often read superficially by either those desiring to portray him as politically ‘liberal’ and ‘progressive’ as well as ‘backwards’ and ‘conservative’. The core of debates surrounding Maududi’s support for liberal democratic principles such as equality, freedom, democratic elections, and the like are pinpointed and reviewed individually, according to two main primary texts, (...) Islamic Way of Life, and Islamic Law and Constitution. The themes that are covered by the article concern (a) the meaning of his term ‘theodemocracy’; (b) Maududi’s understanding of the ‘shurah council’ (advisory council to the Caliph) and its meaning in terms of popular sovereignty; and (c) the people’s role in maintaining rule of law and the office of the Caliph. It is argued that after a review of these concepts within their respective contexts, the argument attempting to show Maududi as an ‘innovator’ or ‘progressive’ in terms of his application of Islamic law in his modern-day ideal for an Islamic state collapses. Rather, it is shown that Maududi clearly envisioned the ideal Caliphate as one established by the prophet Muhammad and his companions (the ‘Rashidūn Caliphate’) and affirmed Divine sovereignty over the general concept of ‘popular sovereignty’ as conceived by western political thought. (shrink)

Howard’s moral fortification theory of criminal punishment lends itself to justifying correction for children in schools that is supportive. There are good reasons to include other students in the learning opportunity occasioned by doing right in response to wrong, which need not exploit the wrongdoing student as a mere means. Care ethics can facilitate restorative and problem-solving approaches to correction. However, there are overriding reasons against doing so when this stigmatises the wrongdoing student, since this inhibits their learning. Responses that (...) avoidably stigmatise students impermissibly undermine both the developmental ethos of education, and students’ recognition and respect for each other as equals. (shrink)

Much recent philosophy of physics has investigated the process of symmetry breaking. Here, I critically assess the alleged symmetry restoration at the fundamental scale. I draw attention to the contingency that gauge symmetries exhibit, that is, the fact that they have been chosen from an infinite space of possibilities. I appeal to this feature of group theory to argue that any metaphysical account of fundamental laws that expects symmetry restoration up to the fundamental level is not fully satisfactory. (...) This is a symmetry argument in line with Curie’s first principle. Further, I argue that this same feature of group theory helps to explain the ‘unreasonable’ effectiveness of mathematics in physics, and that it reduces the philosophical significance that has been attributed to the objectivity of gauge symmetries. (shrink)