This essay argues that there are theoretical benefits to keeping distinct—more pervasively than the literature has done so far—the psychological states of imagining that p versus believing that in-the-story p, when it comes to cognition of fiction and other forms of narrative. Positing both in the minds of a story’s audience helps explain the full range of reactions characteristic of story consumption. This distinction also has interesting conceptual and explanatory dimensions that haven’t been carefully observed, and the two mental state (...) types make distinct contributions to generating emotional responses to stories. Finally, the differences between the mental states illuminate how a given story can be both shared with others and at the same time experienced as personal. (shrink)

This paper explains a fallacy that often arises in theorizing about human minds. I call it the Factual Belief Fallacy. The Fallacy, roughly, involves drawing conclusions about human psychology that improperly ignore the large backgrounds of mostly accurate factual beliefs people have. The Factual Belief Fallacy has led to significant mistakes in both philosophy of mind and cognitive science of religion. Avoiding it helps us better see the difference between factual belief and religious credence; seeing that difference in turn enables (...) us to pose interesting normative questions about various mental states labeled “belief.”. (shrink)

[OPEN ACCESS TARGET ARTICLE WITH COMMENTARIES AND RESPONSE] We develop a new model of how human agency-detection capacities and other socio-cognitive biases are involved in forming religious beliefs. Crucially, we distinguish general religious beliefs (such as *God exists*) from personal religious beliefs that directly refer to the agent holding the belief or to her peripersonal time and space (such as *God appeared to _me_ last night*). On our model, people acquire general religious beliefs mostly from their surrounding culture; however, people (...) use agency-intuitions and other low-level experiences to form personal religious beliefs. We call our model the Interactive Religious Experience Model (IREM). IREM inverts received versions of Hyperactive Agency-Detection Device Theory (HADD Theory): instead of saying that agency-intuitions are major causes of religious belief in general, IREM says that general belief in supernatural agents causes people to seek situations that trigger agency-intuitions and other experiences, since these enable one to form personal beliefs about those agents. In addition to developing this model, we (1) present empirical and conceptual difficulties with received versions of HADD Theory, (2) explain how IREM incorporates philosophical work on indexical belief, (3) relate IREM to existing anthropological and psychological research, and (4) propose future empirical research programs based on IREM. (shrink)

In an earlier issue, I argue (2014) that psychology and epistemology should distinguish religious credence from factual belief. These are distinct cognitive attitudes. Levy (2017) rejects this distinction, arguing that both religious and factual “beliefs” are subject to “shifting” on the basis of fluency and “intuitiveness.” Levy’s theory, however, (1) is out of keeping with much research in cognitive science of religion and (2) misrepresents the notion of factual belief employed in my theory. So his claims don’t undermine my distinction. (...) I conclude by suggesting some approaches to empirically testing our views. (shrink)

I raise the question of what cognitive attitude self-deception brings about. That is: what is the product of self-deception? Robert Audi and Georges Rey have argued that self-deception does not bring about belief in the usual sense, but rather “avowal” or “avowed belief.” That means a tendency to affirm verbally (both privately and publicly) that lacks normal belief-like connections to non-verbal actions. I contest their view by discussing cases in which the product of self-deception is implicated in action in a (...) way that exemplifies the motivational role of belief. Furthermore, by applying independent criteria of what it is for a mental state to be a belief, I defend the more intuitive view that being self-deceived that p entails believing that p. Beliefs (i) are the default for action relative to other cognitive attitudes (such as imagining and hypothesis) and (ii) have cognitive governance over the other cognitive attitudes. I explicate these two relations and argue that they obtain for the product of self-deception. (shrink)

Sometimes people posit "beliefs" to explain mundane instrumental actions (e.g., Neil believes the switch is connected to the light, so he flipped the switch to illuminate the room). Sometimes people posit "beliefs" to explain group affiliation or identity (e.g., in order to belong to the Christian Reformed Church Neil must believe that God is triune). If we set aside the commonality of the word "belief," we can pose a crucial question: Is the cognitive attitude typically involved in the first "light (...) switch" sort of case the same as the cognitive attitude typically involved in the second "Trinity" sort of case? Or: Is mundanely believing the same cognitive relation as groupishly believing? In this essay, I argue that the answer is no. Mundane Beliefs play their instrumental roles well if they are true, and their manner of processing is accordingly sensitive to evidence. Groupish Beliefs play their identity-constituting roles well if they are distinctive, and their manners of processing accordingly allow for and often support distortions of evidence and truth. The manners of processing are thus so different that--despite the common word "belief"--philosophy of mind and epistemology would do well to recognize distinct cognitive attitudes. (shrink)

In this article , I first engage in some conceptual clarification of what the words "imagine," "imagining," and "imagination" can mean. Each has a constructive sense, an attitudinal sense, and an imagistic sense. Keeping the senses straight in the course of cognitive theorizing is important for both psychology and philosophy. I then discuss the roles that perceptual memories, beliefs, and genre truth attitudes play in constructive imagination, or the capacity to generate novel representations that go well beyond what's prompted by (...) one's immediate environment. (shrink)

The notion of belief appears frequently in cognitive science. Yet it has resisted definition of the sort that could clarify inquiry. How then might a cognitive science of belief proceed? Here we propose a form of pluralism about believing. According to this view, there are importantly different ways to "believe" an idea. These distinct psychological kinds occur within a multi-dimensional property space, with different property clusters within that space constituting distinct varieties of believing. We propose that discovering such property clusters (...) is empirically tractable, and that this approach can help sidestep merely verbal disputes about what constitutes “belief.”. (shrink)

When someone says she believes that God exists, is she expressing the same kind of mental state as when she says she thinks that a lake bigger than Lake Michigan exists⎯i.e., does she refer to the same kind of cognitive attitude in both cases? Using evidence from linguistic corpora (Study 1) and behavioral experiments (Studies 2-4), the current work provides evidence that individuals typically use the word “believe” more in conjunction with statements about religious credences and “think” more in conjunction (...) with factual statements, pointing to two different understandings of claims made with these two terms. These patterns do not appear to reflect low-level differences based on the amount of consensus surrounding a particular claim, the extent to which the truth of a particular claim is known to the participant, or linguistic differences between religious and factual statements. We discuss implications of these findings for religious cognition (e.g., as supporting the theory that religious credences are qualitatively distinct from factual beliefs) as well as cognitive processes more broadly. Finally, we relate the present findings to prior theoretical work on differences between factual belief and religious credence. (shrink)

Imagination contributes to human agency in ways that haven't been well understood. I argue here that pathways from imagistic imagining to emotional engagement support three important agential capacities: 1. bodily preparedness for potential events in one's nearby environment; 2. evaluation of potential future action; and 3. empathy-based moral appraisal. Importantly, however, the kind of pathway in question (I-C-E-C: imagining-categorization-emotion-conceptualization) also enables engagement with fiction. So human enchantment with fiction is a consequence of imaginative pathways that make us the kind of (...) agents we are. Finally, I use this approach to address imaginative resistance and the paradox of fiction. [The version archived here is a penultimate draft. Please email me at [email protected] to receive a pdf of the final in accordance with fair use.]. (shrink)

In this Part II, I investigate different approaches to the question of what makes imagining different from belief. I find that the sentiment-based approach of David Hume falls short, as does the teleological approach, once advocated by David Velleman. I then consider whether the inferential properties of beliefs and imaginings may differ. Beliefs, I claim, exhibit an anti-symmetric inferential governance over imaginings: they are the background that makes inference from one imagining to the other possible; the reverse is not true, (...) and this allows us to distinguish the two attitudes. I then go on to consider the action theory of imagining and the role that imaginings play in generating emotion. (shrink)

This paper claims that the standard characterization of the motivational role of belief should be supplemented. Beliefs do not only, jointly with desires, cause and rationalize actions that will satisfy the desires, if the beliefs are true; beliefs are also the practical ground of other cognitive attitudes, like imagining, which means beliefs determine whether and when one acts with those other attitudes as the cognitive inputs into choices and practical reasoning. In addition to arguing for this thesis, I take issue (...) with Velleman's argument that belief and imagining cannot be distinguished on the basis of motivational role. (shrink)

We argue that many intuitions do not have conscious propositional contents. In particular, many of the intuitions had in response to philosophical thought experiments, like Gettier cases, do not have such contents. They are more like hunches, urgings, murky feelings, and twinges. Our view thus goes against the received view of intuitions in philosophy, which we call Mainstream Propositionalism. Our positive view is that many thought-experimental intuitions are conscious, spontaneous, non-theoretical, non-propositional psychological states that often motivate belief revision, but they (...) require interpretation, in light of background beliefs, before a subject can form a propositional judgment as a consequence of them. We call our view Interpretationalism. We argue (i) that Interpretationalism avoids the problems that beset Mainstream Propositionalism and (ii) that our view meshes well with empirical results in contemporary cognitive science. (shrink)

Als Plato de hedendaagse academie zou aanschouwen, zou hij niet alleen stomverbaasd zijn over de massificatie en de byzantijnse bureaucratie, maar gezien het ethische doel van de universiteit zou hij ook reden hebben om bezorgd te zijn.

Three puzzles about self-deception make this mental phenomenon an intriguing explanatory target. The first relates to how to define it without paradox; the second is about how to make sense of self-deception in light of the interpretive view of the mental that has become widespread in philosophy; and the third concerns why it exists at all. In this paper I address the first and third puzzles. First, I define self-deception. Second, I criticize Robert Trivers' attempt to use adaptionist evolutionary psychology (...) to solve the third puzzle (existence). Third, I sketch a theory to replace that of Trivers. Self-deception is not an adaptation, but a spandrel in the sense that Gould and Lewontin give the term: a byproduct of other features of human (cognitive) architecture. Self-deception is so undeniable a fact of human life that if anyone tried to deny its existence, the proper response would be to accuse this person of it. (Allen Wood, 1988). (shrink)

A computational theory of consciousness should include a quantitative measure of consciousness, or MoC, that (i) would reveal to what extent a given system is conscious, (ii) would make it possible to compare not only different systems, but also the same system at different times, and (iii) would be graded, because so is consciousness. However, unless its design is properly constrained, such an MoC gives rise to what we call the boundary problem: an MoC that labels a system as conscious (...) will do so for some – perhaps most – of its subsystems, as well as for irrelevantly extended systems (e.g., the original system augmented with physical appendages that contribute nothing to the properties supposedly supporting consciousness), and for aggregates of individually conscious systems (e.g., groups of people). This problem suggests that the properties that are being measured are epiphenomenal to consciousness, or else it implies a bizarre proliferation of minds. We propose that a solution to the boundary problem can be found by identifying properties that are intrinsic or systemic: properties that clearly differentiate between systems whose existence is a matter of fact, as opposed to those whose existence is a matter of interpretation (in the eye of the beholder). We argue that if a putative MoC can be shown to be systemic, this ipso facto resolves any associated boundary issues. As test cases, we analyze two recent theories of consciousness in light of our definitions: the Integrated Information Theory and the Geometric Theory of consciousness. (shrink)

I argue that psychology and epistemology should posit distinct cognitive attitudes of religious credence and factual belief, which have different etiologies and different cognitive and behavioral effects. I support this claim by presenting a range of empirical evidence that religious cognitive attitudes tend to lack properties characteristic of factual belief, just as attitudes like hypothesis, fictional imagining, and assumption for the sake of argument generally lack such properties. Furthermore, religious credences have distinctive properties of their own. To summarize: factual beliefs (...) are practical setting independent, cognitively govern other attitudes, and are evidentially vulnerable. By way of contrast, religious credences have perceived normative orientation, are susceptible to free elaboration, and are vulnerable to special authority. This theory provides a framework for future research in the epistemology and psychology of religious credence. (shrink)

Imaginative representations are crucial to the generation of action--both pretense and plain action. But well-known theories of imagination on offer in the literature [1] fail to describe how perceptually-formatted imaginings (mental images) and motor imaginings function in the generation of action and [2] fail to recognize the important fact that spatially rich imagining can be integrated into one's perceptual manifold. In this paper, I present a theory of imagining that shows how spatially rich imagining functions in the generation of action. (...) I also describe the imaginative structures behind two under-explored forms of action: semi-pretense and pretense layering. In addition, I suggest that my theory of imagining meshes better than the competitors with current work in cognitive and affective neuroscience. (shrink)

Are religious beliefs psychologically different from matter-of-fact beliefs? Many scholars say no: that religious people, in a matter-of-fact way, simply think their deities exist. Others say yes: that religious beliefs are more compartmentalized, less certain, and less responsive to evidence. Little research to date has explored whether lay people themselves recognize such a difference. We addressed this question in a series of sentence completion tasks, conducted in five settings that differed both in religious traditions and in language: the US, Ghana, (...) Thailand, China, and Vanuatu. Participants everywhere routinely used different verbs to describe religious versus matter-of-fact beliefs, and they did so even when the ascribed belief contents were held constant and only the surrounding context varied. These findings support the view that people from diverse cultures and language communities recognize a difference in attitude type between religious belief and everyday matter-of-fact belief. (shrink)

Some examples suggest that religious credences respond to evidence. Other examples suggest they are wildly unresponsive. So the examples taken together suggest there is a puzzle about whether descriptive religious attitudes respond to evidence or not. I argue for a solution to this puzzle according to which religious credences are characteristically not responsive to evidence; that is, they do not tend to be extinguished by contrary evidence. And when they appear to be responsive, it is because the agents with those (...) credences are playing what I call The Evidence Game, which in fundamental ways resembles the games of make-believe described by Walton's theory of make-believe. (shrink)

Abstract: This entry elucidates causal and constitutive roles that various forms of imagining play in human action. Imagination influences more kinds of action than just pretend play. I distinguish different senses of the terms “imagining” and “imagination”: imagistic imagining, propositional imagining, and constructive imagining. Each variety of imagining makes its own characteristic contributions to action. Imagistic imagining can structure bodily movement. Propositional imagining interacts with desires to motivate pretend play and mimetic expressive action. And constructive imagination generates representations of possibilities (...) and actions on the basis of which we choose what to do. [Version archived here is a penultimate draft.]. (shrink)

What does it mean to have “strong beliefs”? My thesis is that it can mean two very different things. That is, there are two distinct psychological features to which “strong belief” can refer, and these often come apart. I call the first feature epistemic confidence and the second identity centrality. They are conceptually distinct and, if we take ethnographies of religion seriously, distinct in fact as well. If that’s true, it’s methodologically important for the psychological sciences to have measures that (...) tease them apart. In this paper, I critique some measures that are currently in use and propose some strategies for developing measurement tools that track the distinction in question. (shrink)

This essay discusses Peter Langland-Hassan's approach to "explaining imagination" as it plays out in his recent book of that title. Langland-Hassan offers a theory of “attitude imagining” that avoids positing what he calls a “sui generis cognitive attitude.” This theory attempts to explain things like pretend play, hypothetical reasoning, and cognition of fiction; to explain them using only (what he calls) more “basic” mental states like beliefs and desires; and thus to explain them without positing a distinct cognitive attitude of (...) imagining, as many theorists do (including me). In other words, “attitude imagining,” for Langland-Hassan, is whatever explains those things (except for a distinct cognitive attitude of imagining itself). Despite the theoretical interest of this approach, I argue it is ontologically pennywise and pound foolish: for a slight savings in ontological complexity it dramatically reduces explanatory power. (shrink)

Maarten Boudry and Jerry Coyne have written a piece, forthcoming in Philosophical Psychology, called “Disbelief in Belief,” in which they criticize my recent paper “Religious credence is not factual belief” (2014, Cognition 133). Here I respond to their criticisms, the thrust of which is that we shouldn’t distinguish religious credence from factual belief, contrary to what I say. I respond that their picture of religious psychology undermines our ability to distinguish common religious people from fanatics. My response will appear in (...) the same issue as their paper. (shrink)

In this entry, I seek to show the interdependence of questions about self-deception in philosophy of mind, psychology, and ethics. I taxonomize solutions to the paradoxes of self-deception, present possible psychological mechanisms behind it, and highlight how different approaches to the philosophy of mind and psychology will affect how we answer important ethical questions. Is self-deception conducive to happiness? How does self-deception affect responsibility? Is there something intrinsically wrong with self-deception? The entry, on the one hand, is a tour of (...) the literature; on the other, it is a case for more work that crosses traditional sub-disciplinary boundaries. (shrink)

I raise three puzzles concerning self-deception: (i) a conceptual paradox, (ii) a dilemma about how to understand human cognitive evolution, and (iii) a tension between the fact of self-deception and Davidson’s interpretive view. I advance solutions to the first two and lay a groundwork for addressing the third. The capacity for self-deception, I argue, is a spandrel, in Gould’s and Lewontin’s sense, of other mental traits, i.e., a structural byproduct. The irony is that the mental traits of which self-deception is (...) a spandrel/byproduct are themselves rational. (shrink)

When are we morally obligated as a society to help the homeless, and is coercive interference justified when help is not asked for, even refused? To answer this question, we propose a comprehensive taxonomy of different types of homelessness and argue that different levels of autonomy allow for interventions with varying degrees of pressure to accept help. There are only two categories, however, where paternalism proper is allowed, be it heavily qualified. The first case is the homeless person with severely (...) diminished autonomy as a result of mental illness, and the second case is the homeless person who runs a risk of serious and imminent harm to self. In the first case, namely, that of soft paternalism, we argue that coercive intervention in the case of a refusal to accept help should be focused on the provision of housing that meets basic needs—needs that we outline in the article. In the case of imminent and severe harm to self, the case of hard paternalism, we argue that forced intervention can only be allowed if it is temporary and local, namely focused on getting someone out of harm’s way. (shrink)

The self-notion is an essential constituent of any self-belief or self-knowledge. But what is the self-notion? In this paper, I tie together several themes from the philosophy of John Perry to explain how he answers this question. The self-notion is not just any notion that happens to be about the person in whose mind that notion appears, because it's possible to have ways of thinking about oneself that one doesn't realize are about oneself. Characterizing the self-notion properly (and hence self-belief (...) and self-knowledge) requires understanding the role of that notion in tracking agent-relative information and motivating normally self-effecting ways of acting. [Note: the file here is an uncorrected proof. Please see the final book, now called _Identity, Language, and Mind_, for citation purposes.]. (shrink)

I argue here that self-deception is not conducive to happiness. There is a long train of thought in social psychology that seems to say that it is, but proper understanding of the data does not yield this conclusion. Illusion must be distinguished from mere imagining. Self-deception must be distinguished from self-inflation bias and from self-fulfilling belief. Once these distinctions are in place, the case for self-deception falls apart. Furthermore, by yielding false beliefs, self-deception undermines desire satisfaction. Finally, I argue for (...) the positive view that *honest imagining* can yield the psychological benefits that others have claimed for self-deception. (shrink)

A recently proposed model of sensory processing suggests that perceptual experience is updated in discrete steps. We show that the data advanced to support discrete perception are in fact compatible with a continuous account of perception. Physiological and psychophysical constraints, moreover, as well as our awake-primate imaging data, imply that human neuronal networks cannot support discrete updates of perceptual content at the maximal update rates consistent with phenomenology. A more comprehensive approach to understanding the physiology of perception (and experience at (...) large) is therefore called for, and we briefly outline our take on the problem. (shrink)

Here I review Robert Trivers' 2011 book _The Folly of Fools_, in which he advocates the evolutionary theory of deceit and self-deception that he pioneered in his famous preface to Richard Dawkins' _Selfish Gene_. Although the book contains a wealth of interesting discussion on topics ranging from warfare to immunology, I find it lacking on two major fronts. First, it fails to give a proper argument for its central thesis--namely, that self-deception evolved to facilitate deception of others. Second, the book (...) lacks conceptual clarity with respect to the focal term "self-deception.". (shrink)

The book I review, _Sleights of Mind_, aims to illuminate properties of perceptual systems by discussing human susceptibility to magical illusions. I describe how the authors use psychological principles to explain two tricks, spoon bending and the Miser's Dream. I also argue that the book is congenial to the following view of illusions: susceptibility to illusion is the result of evolutionary trade-offs; perceptual systems must make assumptions in order to function at all, but susceptibility to illusion is the byproduct of (...) such assumptions. (shrink)

Kristin Andrews proposes a new framework for thinking about folk psychology, which she calls Pluralistic Folk Psychology. Her approach emphasizes kinds of psychological prediction and explanation that don't rest on propositional attitude attribution. Here I review some elements of her theory and find that, although the approach is very promising, there's still work to be done before we can conclude that the manners of prediction and explanation she identifies don't involve implicit propositional attitude attribution.

This articles concerns the compatibility of orthonomy (making the right choices) and autonomy (making one’s own choices). On the one hand we have the experience that we do not just want to govern ourselves, but that we want to do so rightly. the other hand, it seems that the very fact that our choices are responsive to reasons is insufficient to explain why making these choices adds up to leading a life of one’s own. Iit is argued that we can (...) develop a viable view on the co-realisation of autonomy and orthonomy by using the concept of a concern which is closely linked to the concept op caring. (shrink)

Hàng năm, việc công bố danh sách các nhà nghiên cứu thuộc tốp 100 ngàn các nhà nghiên cứu có trích dẫn khoa học hàng đầu thế giới theo Cơ sở dữ liệu Scopus là vấn đề rất được cộng đồng khoa học quan tâm. -/- Năm 2021, kết quả này đã tiếp tục được công bố bởi nhóm tác giả gồm TS. John P. A. Ioannidis (giáo sư thực thụ về y khoa, nghiên cứu sức khỏe và chính (...) sách, khoa học dữ liệu y sinh và thống kê học thuộc Đại học Stanford, Mỹ), Jeroen Baas (giám đốc dữ liệu của Nhà xuất bản Elsevier, Hà Lan) và TS. Kevin Boyack (giám đốc điều hành của Công ty SciTech Strategies, Mỹ; chuyên về trắc lượng khoa học). -/- Việc sử dụng Cơ sở dữ liệu Scopus thuộc Nhà xuất bản Elsevier của Hà Lan làm cho kết quả của nhóm tác giả trở nên tin cậy và có ảnh hưởng sâu rộng trong cộng đồng khoa học thế giới bởi lẽ Scopus là một trong hai cơ sở dữ liệu khoa học uy tín nhất trên thế giới hiện nay, bên cạnh Cơ sở dữ liệu Web of Science của Mỹ. -/- Trong năm nay, nhóm tác giả trên công bố các danh sách các nhà nghiên cứu có trích dẫn khoa học cao thuộc tốp 100.000 hoặc tốp 2% trên toàn thế giới gồm xét theo thành tựu trọn đời, thành tựu năm gần nhất và thành tựu theo chuyên ngành. (shrink)

Nghiên cứu nhằm xác định và đánh giá mức độ ảnh hưởng của các yếu tố trong việc đưa ra quyết định chọn trường đại học của học sinh THPT. Phương pháp phỏng vấn trực tuyến (online) kết hợp với bảng hỏi được sử dụng để thu thập dữ liệu từ 200 sinh viên năm nhất của các Trường Đại học ở Hà Nội và ngoài khu vực Hà Nội, trong thời gian tháng 2 và tháng 3 năm 2020. Phương (...) pháp phân tích khám phá nhân tố và phương pháp hồi quy tuyến tính được ứng dụng để phân tích số liệu. Kết quả cho thấy sinh viên khá hài lòng và khá chắc chắn với quyết định lựa chọn trường đại học của mình, trong khi đó có 4 yếu tố quan trọng ảnh hưởng đến việc quyết định chọn trường đại học. Các yếu tố có độ lớn giảm dần theo thứ tự là (1) yếu tố thông tin, quảng cáo, (2) yếu tố thương hiệu và việc làm, (3) yếu tố bản thân học sinh, và (4) yếu tố học phí và cơ sở vật chất. Từ kết quả nghiên cứu, chúng tôi đề xuất một số giải pháp nhằm giúp các em học sinh tìm được trường phù hợp và hỗ trợ các trường đại học cải thiện sự hiệu quả của công tác tuyển sinh trong thời gian đến. (shrink)

(Dân trí) - Bạn hãy thử hình dung một bức tranh thể hiện hình ảnh một thương gia cưỡi một chú lạc đà. Dưới chân họ chỉ có cát nóng bỏng của sa mạc khô cằn, phía sau lưng họ là ánh mặt trời chói lòa, bỏng rát. Hai bên đường chỉ có sương rồng gai góc, như biểu trưng cho hành trình vất vả đầy chông gai. Một điều gây bất ngờ: chú lạc đà lại kéo theo một (...) chiếc xe hơi sang trọng. (shrink)

Bạn hãy thử hình dung một bức tranh thể hiện hình ảnh một thương gia cưỡi một chú lạc đà, dưới chân là cát nóng bỏng của sa mạc khô cằn, phía sau lưng là mặt trời bỏng rát, hai bên đường chỉ có xương rồng gai góc, như biểu trưng cho hành trình vất vả đầy chông gai. Một điều gây bất ngờ: chú lạc đà lại kéo theo một chiếc xe hơi sang trọng.

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)

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)

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)

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)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and policy amendments (...) in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (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)

‘Justice’ is spoken of in two ways: the lawful and the fair. The law is a human construct that is devoted to the advantage of all, or to the advantage of the best, or to the advantage of those in power or to the advantage of those representing it – let it be the politician, the media, the TV presenter, the filmmaker. Thus, the law serves the production or the preservation of happiness within politics and business. The law commands us (...) to act according to the mean. A well-written law follows the mean well and a poorly written law does not. On the other hand, fairness is a principle sometimes materialised through the law and the given justice system. Fairness is the ultimate value pursued by both the common law and civil law traditions. However, its distribution through the law and the representation of this delivery varies. Does this mean that a different kind of justice is distributed? Through the teachings of Aristotle, this essay aims to deconstruct the notion of justice, by breaking down its two ingredients, the lawful and the fair, and by analysing the effect of their representation in modern European society. The relativity attached to the notion of justice is not a modern phenomenon, but a philosophical matter that can be analysed and indeed explained through the teachings of Aristotle and its contemporary students. The analysis will be developed in the context of convergent Europe, focusing on the role of the media and courts especially in relation to criminal justice. (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)

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)