ABSTRACT Four decades ago, Gerald Kramer showed that economic conditions affect electoral outcomes. Some researchers took this to mean that voters were self-interested, voting their “pocketbooks,” while others, such as Leif Lewin, took it to mean that voters were sociotropic, motivated by the public interest—and therefore altruistic. It is important, however, to avoid conflating sociotropic voters with altruistic ones. Voters might be voting in favor of politicians or parties that they think will further the public interest as an indirect route (...) to furthering their own interests, as members of the public. More research, perhaps conducted using novel methodologies, is needed in order to settle the extent to which voters are motivated by self-interest or by the public interest. (shrink)

This volume considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science and genetics have given rise to unprecedented ethical and legal quandaries. These are reflected in chapters on cloning, organ donation, choosing genetic characteristics, and the use of Viagra.

The path of those who would approach the study of Bentham's writings on Evidence has been considerably smoothed by the recent publication of William Twining's work on the evidence theories of Bentham and Wigmore. The material on evidence is now being tackled by the Bentham Project. It presents no easy task. The central core, The Rationale of Judicial Evidence, edited and published by John Stuart Mill in 1827, exists only in the printed version, the MSS from which Mill worked having (...) disappeared. But a substantial body of related material which survives has yet to be thoroughly investigated, though William Twining has made a gallant start. A new edition of the work hitherto known as ‘An Introductory View of the Rationale of Evidence’, first printed in full in the Bowring edition of the Works of Jeremy Bentham is in preparation. The first fruits of this endeavour is that the title of that work as it should appear in due course in the new Collected Works will be Introduction to the Rationale of Evidence: An Introductory View for the Use of Lawyers as well as Non-lawyers, the title in fact given to the work by Bentham. It is intended that what follows should similarly be of use to non-lawyers as well as lawyers. (shrink)

Court D. Lewis, author of Repentance and the Right to Forgiveness, presents a rights-based theory of ethics grounded in eirenéism, a needs-based theory of rights (inspired by Nicholas Wolterstorff) that seeks peaceful flourishing for all moral agents. This approach creates a moral relationship between victims and wrongdoers such that wrongdoers owe victims compensatory obligations. However, one further result is that wrongdoers may be owed forgiveness by victims. This leads to the “repugnant implication” that victims may be wrongdoers who do (...) not forgive. Author Lewis addresses the “repugnant implication” by showing that victims are obligated to work toward forgiveness, if not forgiveness itself. Critic Gregory L. Bock argues that victims are not the only ones who can forgive, that the personal dimensions of forgiveness are overlooked, and that the force of the “repugnancy implication” may be questioned. Instead of rights-based eirenéism, Bock supports a virtue ethics framework. Instead of rights-based eirenéism, Bock encourages virtue ethics. Critic David Boersema raises questions about the binding nature of relationships, the dependency of flourishing upon forgiveness, and the nature of needs or rights. Boersema also questions the wisdom of a rights-based approach to forgiveness. Critic Jennifer Kling asks whether a rights-based approach is necessary to ground obligations to meet the needs of others: why not an ethics of care? If a rights-based approach is taken, perhaps a wrongdoer is obligated to not make forgiveness a life good. By disengaging this obligation, we avoid constraining a victim’s work toward forgiveness, especially when the wrongdoing is oppressive. Author Lewis responds to these objections. (shrink)

Today it would seem that being fatigued is a fairly common physical and psychological effect of educational systems based on an increasing demand for high-yield performance quotas. In higher education, ‘publish or perish’ is a kind of imperative to perform, perform better, and perform optimally leading to an overall economy of fatigue. In this paper we provide a critical theory of what we are calling the ‘fatigue university.’ While highlighting the negative costs of fatigue, we also provide a philosophical distinction (...) between tiredness and exhaustion that disrupts the biopolitics of fatigue from the inside. To do so, we turn to Gilles Deleuze and Giorgio Agamben whose writings on exhaustion point to its educational importance. Indeed, it is through the very ‘illnesses’ of exhaustion that the biopolitics of research can be problematized and opened up for new configurations. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

First published in 1962, Freedom and History expresses a deep concern about freedom and the way it is imperilled by misunderstandings. Professor Lewis examines works of T.H. Green and compares Green with Locke and Rousseau.

The author presents a critical discussion and review of the book entitled "new essays in philosophical theology" which takes account of various forms of philosophical interest in religion. (staff).

The author attempts to refute three objections to his claim that the state presupposes an agreement to be governed on the part of its members. (staff).

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

Efforts to bridge emotion theory with neurobiology can be facilitated by dynamic systems (DS) modeling. DS principles stipulate higher-order wholes emerging from lower-order constituents through bidirectional causal processes cognition relations. I then present a psychological model based on this reconceptualization, identifying trigger, self-amplification, and self-stabilization phases of emotion-appraisal states, leading to consolidating traits. The article goes on to describe neural structures and functions involved in appraisal and emotion, as well as DS mechanisms of integration by which they interact. These mechanisms (...) include nested feedback interactions, global effects of neuromodulation, vertical integration, action-monitoring, and synaptic plasticity, and they are modeled in terms of both functional integration and temporal synchronization. I end by elaborating the psychological model of emotion–appraisal states with reference to neural processes. (shrink)

Is it possible for the Modern State to function without violence? How is violence ingrained in national identities, and how do the borders that supposedly “protect” nations actually foster unconscious biases, the anger and hatred of “others,” and the racism and ethnocentrism of shootings, mass murders, and other atrocities? Eddy M. Souffrant and the contributing authors of A Future without Borders? provide insights into how to answer these and other questions.

This book develops a rights-based theory of justice that maintains that genuine repentance creates a right to be forgiven. Examining the nature of rights and theological conceptions of forgiveness, the author shows why such a right is nonrepugnant and produces the most just state of affairs for victims and wrongdoers.

Not so long ago I attended a conference of philosophers and politicians. I was introduced to one rather opinionated politician as one of the philosophers. He promptly asked me, “What sort of philosopher?” I turned the edge of this by replying rather tartly in turn, “Quite a good one, it is generally thought.” This may seem a little naughty, but there are some uses for prevarication, and few of us care to attach a too explicit label to ourselves. When we (...) do so we often find ourselves keeping the wrong company. There are still some isms around, but we have weeded out most of them from our syllabuses. There is more important and rewarding work to do than fighting pitched philosophical battles between closely regimented troops. (shrink)

Our model integrates the nativist assumption of prespecified neural structures underpinning basic emotions with the constructionist view that emotions are assembled from psychological constituents. From a dynamic systems perspective, the nervous system self-organizes in different ways at different time scales, in relation to functions served by emotions. At the evolutionary scale, brain parts and their connections are specified by selective pressures. At the scale of development, connectivity is revised through synaptic shaping. At the scale of real time, temporary networks of (...) synchronized activity mediate responses to situations. To the degree that humans share common emotional functions, neural structuration is similar across scales, giving rise to “basic” emotions. However, unique developmental and situational factors select for neural configurations mediating emotional variants. (shrink)

Few people, I imagine, would be disconcerted to learn that it is not very easy to provide a philosophical account of their activities; and this holds no less when these activities are of an intellectual nature. Historians and mathematicians and scientists do not wait in that fashion upon the deliberations of philosophers; and a good thing it is for them, too. For their patience might otherwise be rather severely tried, since disagreement and dispute appear to be the life-blood of philosophy. (...) Nonetheless philosophical questions about these and other activities are not irrelevant to practice. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Some dynamic systems approaches posit discontinuous changes, even universal stages, in development. Conversely, Thelen and colleagues see development as gradual because it relies on real-time interactions among many components. Yet their new model hinges on one parameter, neural cooperativity, that should change discontinuously because it engenders new skills that catalyze neural connectivity. In fact, research on cortical connectivity finds development to be discontinuous, and possibly stage-like, based on experience-dependent and experience-independent factors.

Law and History contains a collection of essays by prominent legal historians, which explore the ways in which history has been used by lawyers past and present to answer legal questions. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus. This volume covers a broad range of topics, from a discussion of the nature of norms in the middle ages to the role of war crimes trials in the twentieth century. (...) It includes wide-ranging historiographical discussions, which examine the nature and aims of the legal historian, as well as contributions which explore the methodology and aims of writers such as Coke, Maine, Weber, Montesquieu, and Kames, who sought to use historical models to explain law. A number of contributions examine developments in legal doctrine, particularly in the nineteenth century, including developments in the law of contract, administrative law, and perjury. These raise important questions about the nature of the legal categorizations which developed in that era. Law and History also includes a collection of contributons on the use of history in twentieth century trials, including the Nuremberg trials, the trial of the Gang of Four, and trials arising from the events in the former Yugoslavia and Rwanda. (shrink)

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