HISTORICAL INTRODUCTION Although many of the details of the development of logic in the Middle Ages remain to be filled in, it is well known that between ...

The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine (...) the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment. (shrink)

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct (...) at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'. (shrink)

Technology used in online marketing has advanced to a state where collection, enhancement and aggregation of information are instantaneous. This proliferation of customer information focused technology brings with it a host of issues surrounding customer privacy. This article makes two key contributions to the debate concerning digital privacy. First, we use theories of justice to help understand the way consumers conceive of, and react to, privacy concerns. Specifically, it is argued that an important component of consumers' privacy concerns relates to (...) fairness judgments, which in turn comprise of the two primary components of distributive and procedural justice. Second, we make a number of prescriptions, aimed at both firms and regulators, based on the notion that consumers respond to perceived privacy violations in much the same way they would respond to an unfair exchange. (shrink)

As plagiarism is a notion specific to a particular culture and epoch, and is also understood in a variety of ways by individuals, particular attention must be paid to the putting of the phenomenological question, What is plagiarism in its appearing? Resolution of this issue leads us to locate students' perceptions and opinions within the lifeworld, and to seek an initially idiographic set of descriptions. Of twelve interview analyses, three are presented. A student who took an especially anxious line, his (...) morality having to do with the fear of being shamed were he to be accused of plagiarism in his work. A student who saw academic development as the movement from dependence on respected authors such that the novice's work is near plagiaristic, to autonomy and self-assured originality. A student whose degree involved painting and art history—disciplines with very distinct understandings of plagiarism. To combat plagiarism, then, one must not assume that students have a prior grasp of the unequivocal meaning of the notion, but must accept that a process of acculturation is required. (shrink)

Historically, the suspension of presuppositions arose as part of the philosophical procedure of the transcendental reduction which, Husserl taught, led to the distinct realm of phenomenological research: pure consciousness. With such an origin, it may seem surprising that bracketing remains a methodological concept of modern phenomenological psychology, in which the focus is on the life-world. Such a focus of investigation is, on the face of it, incompatible with transcendental idealism. The gap was bridged largely by Merleau-Ponty, who found it possible (...) to interpret Husserl's later work in an existentialist way, and thus enabled the process of bracketing to refer, not to a turning away from the world and a concentration on detached consciousness, but to the resolve to set aside theories, research presuppositions, ready-made interpretations, etc., in order to reveal engaged, lived experience. This paper outlines the history of the suspension of presuppositions and discusses the scope and limitations of bracketing in its new sense within existential phenomenology. The emphasis is on research practice and on the phenomenological quest for entry into the life-world of the research participant. It is argued that the bracketing of presuppositions throughout the process of research should be a cardinal feature of phenomenological psychology. Of equal importance is the investigator's sensitive awareness that the investigation of the life-world and the phenomena which appear within it is a thoroughly interpersonal process, necessarily entailing the taken-for-granted assumptions implicit in all social interaction. These presuppositions are not open to bracketing. (shrink)

Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...) preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld. (shrink)

Locke's main semantic thesis is that words stand for, or signify, ideas. He says this over and over again, though the phraseology he employs varies. In Book III chapter 2 alone we find the following statements of the thesis: ‘ … Words … come to be made use of by Men, as the Signs of their Ideas’ [III.2.1; 405:10-11); The use then of Words, is to be sensible Marks of Ideas; and the Ideas they stand for, are their proper and (...) immediate Signification’ [III.2.1; 405:15-17]; ‘Words in their primary or immediate Signification, stand for nothing, but the Ideas in the Mind of him that uses them’ [III.2.2; 405:21-2]; That then which Words are the Marks of, are the Ideas of the Speaker’ [III.2.2; 405:27-8]; ‘ …. (shrink)

The carer of the person with dementia is enjoined to maintain respect, and to reinforce this a bill of rights has been established . Of course, talk of rights does not guarantee respectful behaviour. In this paper it is argued that the discovery that the sufferer continues to be a person, with a unique lifeworld, can assist the carer to conform willingly to the demand that they act respectfully.The current research project makes central the idiographic description of the individual case.

This is the first full-length translation of a work by the influential medieval logician Walter Burley. As such, it is an important addition to our knowledge of medieval logic, and will undoubtedly spur further research.

Although David Mitrany’s international thought is not usually associated with the concept of the international anarchy, I argue that his analysis actually compares two forms of anarchical order. The first form is the order associated with the relations between states, while the second is his functional alternative to this order. The functional approach is anarchical in the sense that it remains an order without an orderer. In first analysing the dynamics and failings of the inter-state order, and then suggesting pragmatic (...) process-orientated solutions to those failings, I argue that Mitrany follows a similar approach to his classical realist contemporaries. (shrink)

In the face of limited resources during the COVID-19 pandemic response, public health experts and ethicists have sought to apply guiding principles in determining how those resources, including vaccines, should be allocated.

British logic teaching in the sixteenth and seventeenth centuries was provided in England by Oxford and Cambridge, both medieval foundations, and in Scotland by the universities of St Andrews and A...

The ArgumentMany of the epistemological issues that occupied natural philosophers of the seventeenth century were expressed visually in title-page engravings. One of those issues concerned the relative status to be accorded to evidence of the senses, as compared to knowledge gained by faith or reason. In title-page illustrations, the various arguments were often waged by a series of light metaphors: the Light of Reason, the Light of Nature, and the Lights of Sense, Scripture, and Grace. When such illustrations are examined (...) with the authors' theological views in mind, it becomes apparent that in the first half of the seventeenth century, Catholic authors favored the Light of Reason as a source of truth, while Protestant authors favored the Light of Nature. Since by the end of the century it was widely accepted by scientists of all religious persuasions that certain knowledge must be grounded in sense evidence and the direct study of nature, one might argue that in this instance Protestantism was responsible for nurturing an important development of the Scientific Revolution. However, the skewed nature of the sample and the large number of counterexamples available mitigate against taking this offshoot of the Merton thesis too seriously. (shrink)

This is a study of possession offences, with the focus on those intended to penalise the risk of a serious harm. Offences of this kind are examined in the light of basic doctrines of the criminal law, and in the light of the proper limits of endangerment offences. They are found wanting in both respects, and are also found to pose particular sentencing problems. The conclusion is that many risk-based possession offences are unfair, save those that require proof of a (...) further intent or those aimed at a failure properly to safeguard a dangerous object. (shrink)

During the late-nineteenth and twentieth centuries interpretations of the British Industrial Revolution became embedded within debates over competing systems of political economy, primarily liberal democracy (free trade) versus socialism (state regulation). At the heart of this contest was also the question of epistemology. A picture emerged of the Industrial Revolution that reflected such contrasting perspectives; for those with a Western liberal bent Britain industrialized first due to a weak state, an emphasis upon individual liberty, the right institutions and culture of (...) creativity born of free minds and free markets. At the heart of this was the emergence of science; objectivity and Western democracy became a key cornerstone of this perspective. This view was first especially spearheaded by the Austrian economists Ludwig von Mises (1881–1973) and, slightly later, Friedrich A. Hayek (1899–1992). The debate subsequently became particularly fierce during the Cold War, and since the fall of the Berlin Wall the role of the state and protectionism within Britain’s industrial history has greatly diminished. Indeed today’s dominant historiography continues to erase Britain’s actual industrial experience and, instead, reflect entrenched liberal and neoliberal prescriptions. A major axiom of this ideological viewpoint is the centrality of science and its history. (shrink)

A social license to operate (SLO) is said to result from a complex and sometimes difficult set of negotiations between communities and organizations (NGOs, government, and industry). Each stakeholder group will hold different views about what is important, what is true, and who can or cannot be trusted. This article reviews the contributions made in this special issue on SLO. It also sketches the benefits of applying phronesis, or a practical wisdom-based theorization, of how SLOs can be co-produced.

"For riding is required a horse"--"I promise you a horse"--Chimeras and imaginary objects--Theories of the proposition--The structure of mental language--Mental language and the unity of propositions--"Do words signify ideas or things?"--Locke on language--The doctrine of exponibilia in the fifteenth and sixteenth centuries--Multiple quantification and the use of special quantifiers in early sixteenth century logic--Thomas Bricot(d. 1516) and the Liar paradox--Will Socrates cross the bridge?

J'examine plusieurs sources selon lesquelles Swyneshed (malgré les prétentions d'Angel D'Ors dans ses articles récents) donne une nova responsio en partie sous forme de la règle « On peut nier une proposition conjonctive après avoir concédé ses deux parties. » Je montre que cette nova responsio est liée à un rejet de la règle « Chaque proposition qui suit de l'ensemble de propositions déjà concédées doit être concédée », et j'attribue ce rejet à une théorie selon laquelle une inférence se (...) base sur le rapport logique entre seulement deux propositions. I examine a number of sources according to which Swyneshed (despite the claims made by Angel D'Ors in his recent articles) does give a nova responsio partly in the form of the rule « One can deny a conjunction whose conjuncts have already been granted. » I show that this nova responsio is linked to a rejection of the rule « Every proposition following from a set of propositions which have already been granted must be granted », and I attribute this rejection to a theory whereby an inference is based on the logical relations between just two propositions. (shrink)

The work of joachim jungius on the logic of relations was not as original as some authors have thought, But he did make it clear that relational inferences should be distinguished from categorical inferences; and he was the first to recognize the argument 'a rectis ad obliqua', An example of which is 'all circles are figures, Therefore whoever draws a circle draws a figure'.

There has been an increase in cognitive assessment via the Internet, especially since the coronavirus disease 2019 surged the need for remote psychological assessment. This is the first study to investigate the appropriability of conducting cognitive assessments online with children with a neurodevelopmental condition and intellectual disability, namely, Williams syndrome. This study compared Raven’s Colored Progressive Matrices and British Picture Vocabulary Scale scores from two different groups of children with WS age 10–11 years who were assessed online or face-to-face. Bayesian (...) t-tests showed that children’s RCPM scores were similar across testing conditions, but suggested BPVS scores were higher for participants assessed online. The differences between task protocols are discussed in line with these findings, as well as the implications for neurodevelopmental research. (shrink)

Josse Clichtove represents a turning point in the history of disputation, for he combines one of the earliest accounts of the doctrinal disputation with one of the latest accounts of the obligational disputation. This paper describes the nature and significance of the theories that he offered. Particular attention is paid to the doctrines of truth, necessity and possibility which lie behind his doctrines; and also to the light which his work throws on the aims and nature of an obligational disputation.

This chapter focuses on John Locke's relation to scholasticism. It explores who the schoolmen referred to by Locke were, and what he might have learned from them, particularly with respect to topics in metaphysics, logic, and language. The chapter considers the Oxford curriculum which provided the framework for Locke's years of study and teaching there, as there is little reason to believe that he enriched his acquaintance with the schoolmen in his later career. The topic of substance was raised both (...) in metaphysics textbooks and in logic textbooks, but the material in both was largely similar. The chapter considers some of Locke's remarks and focuses on what the scholastics had to say. Locke goes on to claim that the very use of syllogistic depends on the prior ability to see the connections between ideas. The area in which Locke showed the most obvious influence of scholasticism is that of language. (shrink)

Quand on parle d'une substance et de ses accidents, peut-on dire que tous deux sont des etants au meme sens? Quand on parle de Dieu et de ses creatures, peut-on dire que tous les deux sont bons ou justes au meme sens? Quand on parle d'une potion et d'un animal, peut-on dire que tous les deux sont sains au meme sens? Telles sont les problematiques metaphysiques, theologiques et semantiques que la notion d'analogie developpee par les penseurs du Moyen Age cherche (...) a affronter. Les quatre etudes, issues des Conferences Pierre Abelard presentees a l'Universite de Paris-IV Sorbonne en 2004, examinent les modes complexes selon lesquels ces trois problematiques se sont croisees et les questionnements nouveaux auxquels elles ont donne lieu pendant plus de quatre siecles. L'auteur interprete la pensee de Thomas d'Aquin dans le contexte qui en a permis l'emergence, et analyse les critiques qui ont suivi, ainsi que les reponses nouvelles qui ont ete avancees. Ce faisant, elle jette une lumiere nouvelle sur les rapports entre l'Aquinate et le Cardinal Cajetan, et sur l'importance de la semantique durant la periode medievale. (shrink)

Are preventive justice measures justified? Do they needlessly blur the boundaries between criminal and civil law, signalling a change in the architecture of security? The contributors in this volume re-assess the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

The risk posed by anthropogenic climate change is generally accepted, and the challenge we face to reduce greenhouse gas (GHG) emissions to a tolerable limit cannot be underestimated. Reducing GHG emissions can be achieved either by producing less GHG to begin with or by emitting less GHG into the atmosphere. One carbon mitigation technology with large potential for capturing carbon dioxide at the point source of emissions is carbon capture and storage (CCS). However, the merits of CCS have been questioned, (...) both on practical and ethical grounds. While the practical concerns have already received substantial attention, the ethical concerns still demand further consideration. This article aims to respond to this deficit by reviewing the critical ethical challenges raised by CCS as a possible tool in a climate mitigation strategy and argues that the urgency stemming from climate change underpins many of the concerns raised by CCS. (shrink)

This paper considers the nature of the changes that took place in logic teaching at the University of Oxford from the beginning of the sixteenth century, when students attended university lectures on Aristotle’s texts as well as studying short works dealing with specifically medieval developments, to the beginning of the eighteenth century when teaching was centred in the colleges, the medieval developments had largely disappeared, and manuals summarizing Aristotelian logic were used. The paper also considers the reasons for these changes, (...) including changes in English society, and the effect of humanism and the more scholarly Aristotelianism that it produced. (shrink)

In 1498 Cajetan published a short book, On the Analogy of Names, which is often regarded as a masterly summary of Aquinas's doctrine of analogy. It opens in the very first paragraph with an attack on three views of the concept of being (ens): first, that it is a disjunction of concepts; second, that it is an ordered group of concepts; and third, that it is a single, separate concept which is unequally participated by substances and accidents. A number of (...) questions immediately spring to mind. Why are concepts being discussed when analogy is said by Cajetan to be a theory of language? What is meant by ‘concept’? Who held the views under attack and why? So far as I can tell, the extensive literature on both Aquinas and Cajetan offers no satisfactory answers to these questions. (shrink)