This is a review essay of Lagasnerie, Judge and Punish and Fassin, The Will to Punish. It explores the way that these two books challenge conventional thinking about the relationship between crime and punishment.

The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is (...) recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. (shrink)

This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer (...) is able to develop a critique of modern criminal law theory in general. He traces the development of the modern characteristics of criminal law and legal order, tracing the relationship between legal practice and national culture, and showing how contemporary criminal law theory fundamentally misrepresents the character of modern criminal justice. (shrink)

Volume 10, Issue 1, March 2019, Page 110-113.

Paul D. Halliday: Habeas Corpus. From England to Empire Content Type Journal Article Category Book Review Pages 1-3 DOI 10.1007/s11572-012-9141-5 Authors Lindsay Farmer, University of Glasgow, Glasgow, Scotland, UK Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.

This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving students and the (...) subject adrift. It picks up mid-range concepts such as rights, sovereignty, and adjudication and charts their interrelation and uses in law and legal theory. The approach taken to the subject is an interdisciplinary one, and involves making linkages with contemporary issues in political and social theory, such as the changing role of the state, forms of dispute resolution and the courts. It also addresses topics not normally covered, or covered only indirectly in other jurisprudence textbooks, such as globalisation and legal culture. Its coverage is therefore broad and links legal, political, philosophical, and social analysis. (shrink)

Attempts to democratize the food system and make it more equitable through food sovereignty take many forms across space. In Cuba, food sovereignty is perceived as the promotion of small-scale farming methods informed by agroecology and permaculture. However, these practices are mediated by discourses of self-sufficiency in the context of the US blockade. Simultaneously, in Basque country, Spain, food sovereignty shapes community-supported agriculture initiatives, farmer union and cooperative-based work, and a deep appreciation for regional foods. In this context, food (...) sovereignty is perceived as part of the struggle to maintain Basque identity and autonomy. In this paper, I discuss how food sovereignty is defined and understood by outside actors who traveled to either Cuba or Basque country to understand how food sovereignty is being practiced in place. As educators, farmers, students, retirees, farmworker organizers, and activists meet in these spaces, I ask how do definitions of food sovereignty differ? I argue that food sovereignty ‘sits in places’ and travelers have difficulty discerning what food sovereignty is when confronted with unfamiliar practices. Findings suggest that such educational tourism is an attempt to create a meaningful space for dialogue about food sovereignty and as a touchstone it offers opportunities for participant discussions, however, understandings of food sovereignty are subject to confusion and alternate conceptions and thus, do not always travel well. (shrink)

This book is a collection consisting of an introduction and nine essays that explore foundational aspects of criminal law. As the introduction makes clear, the book is eclectic and the essays can be classified under three main headings. The first group of essays explores the political constitution of criminal law as part of the institutional structure of the state. The second group of essays investigates the question of the authority of criminal law and its potential to create reasons for action. (...) The third group deals with transnational and international criminal law. The essays are primarily normative but they also contain historical and sociological discussions. The book will therefore be of interest to criminal lawyers, political and legal philosophers, political scientists and policy-makers. I will review separately some of the essays.Nicola Lacey’s essay, “What Constitutes Criminal Law?,” touches upon the fundamental question of criminal law: the question of legitimation. Lacey ap .. (shrink)

All five elements live within you, and experiences like heartache, anxiety, and procrastination are signs that one of them is out of balance. This beginner-friendly book introduces you to each of the elements--Water, Wood, Fire, Earth, and Metal--and shows you how to use them to improve your mental, emotional, and spiritual health. In Our Element weaves together Eastern medicine, Western psychology, Indigenous traditions, and African ancestral principles of spirituality. With a practical approach that incorporates journal prompts, flower essences, yoga poses, (...) and music, Lindsay Fauntleroy teaches you how to tap into the five elements for a balanced and empowered life that aligns with your soul's calling. (shrink)

This paper seeks to answer the question: Can contemporary forms of artificial intelligence be creative? To answer this question, I consider three conditions that are commonly taken to be necessary for creativity. These are novelty, value, and agency. I argue that while contemporary AI models may have a claim to novelty and value, they cannot satisfy the kind of agency condition required for creativity. From this discussion, a new condition for creativity emerges. Creativity requires curiosity, a motivation to pursue epistemic (...) goods. I argue that contemporary AI models do not satisfy this new condition. Because they lack both agency and curiosity, it is a mistake to attribute the same sort of creativity to AI that we prize in humans. Finally, I consider the question of whether these AI models stand to make human creativity in the arts and sciences obsolete, despite not being creative themselves. I argue, optimistically, that this is unlikely. (shrink)

I argue for an account of creativity that unifies creative achievements in the arts, sciences, and other domains and identifies its characteristic value. This account draws upon case studies of creative work in both the arts and sciences to identify creativity as a kind of successful exploration. I argue that if creativity is properly understood in this way, then it is fundamentally a property of processes, something only agents can achieve, something that comes in degrees, subjectively novel, and non-formulaic. As (...) I develop the account, I show how it avoids challenges faced by other accounts of creativity, especially concerning creativity’s value. Hills and Bird (2018, 2019) have together argued that creativity is not necessarily valuable. My account challenges this view. If I am right that creativity is a kind of successful exploration, then creativity does have a characteristic value, specifically epistemic value. (shrink)

The narrow limits of the apparatus criticus in the new Clarendon Press edition have excluded these suggestions, which may find a place here:I xxix, 4 Quaedam etiam facta sunt ex nominum deriuatione, ut a prudentia ‘prudens ’; quaedam etiam ex uocibus, ut a garrulitate ‘garrulus.’ Although garrulus is the traditional reading, the derivation elsewhere of garrulus from graculus, ‘a jackdaw,’ suggests that we may read here ut a garrulitate ‘graulus.’ For the jackdaw's name in Late Latin developed from gragulus to (...) graulus. (shrink)

In June 2012, New York City Mayor Michael Bloomberg announced his plans for a ban on the sale of sugary beverages in containers larger than 16 ounces. Shortly thereafter, the Center for Consumer Freedom took out a full-page ad in the New York Times featuring Bloomberg photo-shopped into a matronly dress with the tag line “New Yorkers need a Mayor, not a Nanny.” On television, the CATO Institute's Michael Cannon declared, “This is the most ridiculous sort of nanny state-ism; [i]t’s (...) none of the mayor's business how much soda people are drinking.” And in newspapers around the country, editorial pages featured headlines such as “Gulp! Yet Another Intrusion of the Nanny State.” Just like that, the public debate about this measure became focused on government overreach, while the public health problem of obesity faded into the background. (shrink)

What is it to suspend judgment about whether p? Much of the recent work on the nature and normative profile of suspending judgment aims to analyze it as a kind of doxastic attitude. On some of these accounts, suspending judgment about whether p partly consists in taking up a certain higher-order belief about one's deficient epistemic position with respect to whether p. On others, suspending judgment about whether p consists in taking up a sui generis attitude, one that takes the (...) question of whether p? as its content. In this paper, I defend an account on which suspending judgment about whether p is not a matter of taking up a doxastic attitude, but rather a way of intentionally omitting to judge whether p. I then close with a discussion of how an account like mine, which sees suspending judgment as fundamentally practical, rather than doxastic, can accommodate what appear to be distinctively epistemic reasons to suspend judgment. (shrink)

There is an underappreciated respect in which the widespread availability of generative artificial intelligence (AI) models poses a threat to human connection. My central contention is that human creativity is especially capable of helping us connect to others in a valuable way, but the widespread availability of generative AI models reduces our incentives to engage in various sorts of creative work in the arts and sciences. I argue that creative endeavors must be motivated by curiosity, and so they must disclose (...) the creative agent’s inquisitive self. It is through self-disclosure, including the disclosure of the inquisitive self, that we put ourselves in a position to be seen by and connect with others through our creative pursuits. Because relying on AI for certain generative tasks is less self-disclosive than the creative work such technologies supplant, this reliance threatens to weaken our connections to one another. (shrink)

All health care systems face problems of justice and efficiency related to setting priorities for allocating a limited pool of resources to a population. Because many of the central issues are the same in all systems, the United States and other countries can learn from the successes and failures of countries that have explicitly addressed the question of health care priorities. We review explicit priority setting efforts in Norway, Sweden, Israel, the Netherlands, Denmark, New Zealand, the United Kingdom and the (...) state of Oregon in the US. The approaches used can be divided into those centered on outlining principles versus those that define practices. In order to establish the main lessons from their experiences we consider the process each country used, criteria to judge the success of these efforts, which approaches seem to have met these criteria, and using their successes and failures as a guide, how to proceed in setting priorities. We demonstrate that there is little evidence that establishment of a values framework for priority setting has had any effect on health policy, nor is there evidence that priority setting exercises have led to the envisaged ideal of an open and participatory public involvement in decision making. (shrink)

Background: Moral distress, which is especially high in critical care nurses, has significant negative implications for nurses, patients, organizations, and healthcare as a whole. Aim: A moral distress workshop and follow-up activities were implemented in an intensive care unit in order to decrease levels of moral distress and increase nurses’ perceived comfort and confidence in ethical decision-making. Design: A quality improvement (QI) initiative was conducted using a pre- and post-intervention design. The program consisted of a four-hour interactive workshop, followed by (...) two individual self-reflection activities at 2–3 weeks and 5–6 weeks after the workshop. Participants: Critical care nurses working in a heart and vascular intensive care unit at a large academic medical center. Ethical Considerations: This study was deemed to be a QI project by the institution’s Institutional Review Board. Participation was voluntary. Findings: Nurses experienced a significant decrease in moral distress. The participants’ average ethical confidence increased in four areas (ability to identify the conflicting values at stake, knowing role expectations, feeling prepared to resolved ethical conflict, and being able to do the right thing), with knowledge of role expectations and feeling prepared to resolve ethical conflict yielding statistically significant increases. Qualitative findings resulted in consistent themes related to causes of moral distress and ways nurses approached addressing moral distress. Discussion: This study reinforces previous evidence on moral distress and its causes in critical care nurses, and provides a mechanism for improving moral distress and ethical confidence. Conclusions: This QI study demonstrates the effectiveness of an evidence-based program for decreasing critical care nurses’ moral distress and increasing their ethical confidence. The strategies described in this paper can replicated by nursing leaders who wish to effect change at their local level, or adapted and expanded to other professions and clinical care units. (shrink)

Ancient Egypt in 101 Questions and Answers. By Thomas SchneIder, translated by David Lorton. Ithaca: Cornell University Press, 2013. Pp. xiv + 282, illus. $26.

Restructured health care reimbursement systems and new requirements for nonprofit hospitals are transforming the U.S. health system, creating opportunities for enhanced integration of public health and health care goals. This article explores the role of public health practitioners and lawyers in this moment of transformation. We argue that the population perspective and structural strategies that characterize public health can add value to the health care system but could get lost in translation as changes to tax requirements and payment systems are (...) rapidly implemented. We urge public health leaders to take a more active role in hospital assessments of community health needs and evaluation of the patient outcomes for which providers are accountable. (shrink)

Lambda, the twelfth book of Aristotle's Metaphysics, is an outline for a much more extended work in metaphysics or, more accurately, in what Aristotle calls 'first philosophy', the inquiry into 'the principles and causes of all things'. Lindsay Judson provides a rigorous translation of this important book and a detailed philosophical commentary.

Originally published in 1945, this book presents the content of the Girton College Founders' Memorial Lecture for that year, which was delivered by A. D. Lindsay. This book will be of value to anyone with an interest in philosophy and the relationship between intelligence and morality.

What is it for a _belief_ to wrong someone? Views that have largely shaped the recent literature on doxastic wronging maintain that beliefs that wrong do so in virtue of _what_ is believed. This paper offers some criticisms of these views, as well as a contractualist alternative. On the view I defend here, beliefs can wrong when they stem from inferences licensed by principles to which others would have sufficiently weighty objections. Doxastic wronging, on this account, is not (or is (...) not entirely) a matter of having beliefs with certain kinds of objectionable representational content, but rather a matter of our being unable to _morally justify_ our beliefs to others. (shrink)

On the basis of what Aristotle says in the Posterior Analytics about how sciences are differentiated and about the impermissibility of ‘kind-crossing’, many commentators suppose that when it comes to his scientific practice, Aristotle treats the boundaries of the sciences as impermeable, so that if subject-matter X is the business of one science, it simply cannot be the business of another. I call this the impermeable boundary theory of the sciences: knowledge is divided into watertight compartments, determined by their distinct (...) genera, and what goes on in one compartment cannot turn up in another. I argue that, even if this is a correct account of Aristotle’s position in the Analytics, the view that he accepts the impermeable boundary theory when it comes to his scientific and philosophical work outside the Analytics is simply untenable. (shrink)

This is a response to Hwa Yung's paper on the shift of the centre of the gravity of the church from the West into the Majority World. It reflects on the reasons why the church grew in the West, particularly in Europe, in the past and suggests what can be learned from the strengths of the Western church, as well as its weaknesses and failures. Three periods of Western church history are covered: The Early Church from AD 30 to AD (...) 330, the sixteenth century European Reformation, and the modern missionary expansion in the nineteenth and twentieth centuries and the subsequent decline of the Western church. (shrink)

Basic proteins and nucleic acids are assembled into complexes in a reaction that must be facilitated by nuclear chaperones in order to prevent protein aggregation and formation of non‐specific nucleoprotein complexes. The nucleophosmin/nucleoplasmin (NPM) family of chaperones [NPM1 (nucleophosmin), NPM2 (nucleoplasmin) and NPM3] have diverse functions in the cell and are ubiquitously represented throughout the animal kingdom. The importance of this family in cellular processes such as chromatin remodeling, genome stability, ribosome biogenesis, DNA duplication and transcriptional regulation has led to (...) the rapid growth of information available on their structure and function. The present review covers different aspects related to the structure, evolution and function of the NPM family. Emphasis is placed on the long‐term evolutionary mechanisms leading to the functional diversification of the family members, their role as chaperones (particularly as it pertains to their ability to aid in the reprogramming of chromatin), and the importance of NPM2 as an essential component of the amphibian chromatin remodeling machinery during fertilization and early embryonic development. BioEssays 29: 49–59, 2007. © 2006 Wiley Periodicals, Inc. (shrink)