The current legal status and medical ethics of routine or religious penile circumcision of minors is a matter of ongoing controversy in many countries. We focus on the United Kingdom as an illustrative example, giving a detailed analysis of the most recent British Medical Association guidance from 2019. We argue that the guidance paints a confused and conflicting portrait of the law and ethics of the procedure in the UK context, reflecting deeper, unresolved moral and legal tensions surrounding child genital (...) cutting practices more generally. Of particular note is a lack of clarity around how to apply the “best interests” standard—ordinarily associated with time-sensitive proxy decision making regarding therapeutic options for a medically unwell patient—to a parental request for a medically unnecessary surgery to be carried out on the genitalia of a healthy child. Challenges arise in measuring and assigning weights to intended sociocultural or religious/spiritual benefits, and even to health-related prophylactic benefits, and in balancing these against potential physical, functional, and psychosexual risks or harms. Also of concern are apparently inconsistent safeguarding standards being applied to children based on their birth sex categorization or gender of rearing. We identify and discuss recent trends in British and international medical ethics and law, finding gradual movement toward a more unified standard for evaluating the permissibility of surgically modifying healthy children's genitals before they can meaningfully participate in the decision. (shrink)

Common lawyers are accustomed to the presumption of innocence being described as a “golden thread” running “[t]hroughout the web” of the criminal law: “that it is the duty of the prosecution to prove the prisoner’s guilt” (Woolmington v DPP [1935] AC 462 per Viscount Sankey LC at 481). But although the language of “golden thread” is memorable and oft-quoted, the presumption of innocence must mean more than this: it is not simply a restatement of the burden of proof in a (...) criminal trial.Once this simple point is recognised, a whole host of more complex questions arise. For example: what, precisely, is the scope of the principle? Is this a matter on which consensus is possible or desirable? What role does the presumption have to play in pre-trial proceedings, in decisions by prosecutors? Does the presumption have consequences for the substantive criminal law, or can legislators blunt its impact by defining criminal offences so as to deprive the presumption of its bite? Can legislators tr. (shrink)

The anonimous scholiumOn all forms of syllogism was copied in 1884 from the Paris Codex 2064 by E. Richter. In 1899 M. Wallies published it in the preface to Ammonius' commentary on the Prior Analytics of Aristotle. There appear in that scholium, apart from the complex figure of Galenos, other characteristic forms of inference.Among these forms I found five so-called non-demonstrable stoic syllogisms, three modifications of the law of transposition of which the third is not mentioned by the authors of (...) Princ pia Mathematica, and a modification of the form of inference known as Euclid's law. This form of inference was applied by Euclid in mathematics and by Saccherius in syllogistics; it is mentioned for the first time by Cardan in a treatise of 1570 and later by Clavius in his commentary of 1574 on the Elements of Euclid and in the commentary on Theodosius'Sphaerica of the year 1586.In 1658 Erhard Weigel made the first attempt at refuting the logical law of Euclid as formulated by Cardan and Clavius and in 1686 James Bernoulli tried to prove it. (shrink)

This paper addresses three doctrinal phenomena of which it finds evidence in English law: the quiet extension of the criminal law so as to criminalise that which is by no means an obvious offence; the creation of offences the goal of which is not to guide potential offenders away from crime; and the existence of offending behaviour which is not itself thought to justify arrest or prosecution. While such phenomena have already been criticised by other criminal law theorists, this paper (...) offers a critique to which little attention has yet been paid. It argues that the existence of these phenomena has been concealed from public view: that the organs of state have encouraged the belief that they are no part of English law. The paper then argues that it is high time the state came clean. The state owes its people answers for the imposition of the criminal law: it must account for the creation and enforcement of any given criminal offence. When the state misleads its people about the criminal law’s scope, goals and enforcement, it refuses to provide those people with the answers they are owed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Commentary on Virgil, EcloguesJames J. O’HaraWendell Clausen. A Commentary on Virgil, Eclogues. Oxford: Clarendon Press, 1994. xxx + 328 pp. Paper, $27.95, Cloth, $60.00.This “first full-scale scholarly commentary on the complete book of poems known as the Eclogues to appear in English,” as the dust jacket proclaims, is a deeply learned, elegant, helpful, affectionate, humane and judicious guide to the language, style, text, plain meaning, and literary (...) antecedents of what are among the most elusive of ancient works. A sixteen-page introduction discusses “Pastoral Poetry,” “The Book of Eclogues” as a collection of carefully interrelated poems, and “The Composition of a Landscape” (mostly on trees and plants in Theocritus and Vergil). C. prints Mynors’ 1972 Oxford text, but at 3.102 argues for emending his certe neque amor causa est; vix ossibus haerent to hi certe (neque amor causa est), and would delete the refrain at 8.28a and 76. The volume is dedicated to Mynors; the Preface says that it was originally intended as a companion to his Georgics, published posthumously in 1990. C. offers a concise and original Introduction to each poem, focusing on major problems or features and presenting a modest bibliography, with more references to secondary works to come line by line, but the bibliography is highly selective. The commentary’s strengths lie in the discussion of textual problems and the interpretation of difficult Latin, in the remarks on style, diction, tone, rhetoric, and structure, and in the information on Vergil’s use of models, especially Hellenistic sources like Theocritus (extensive and helpful comments), Callimachus (C. naturally has more to say than earlier commentators), and Aratus, but also Roman sources like Lucretius or Plautus (more prominent here than in earlier commentaries, to good effect). Greek is translated in the notes; thus the commentary, like C.’s Virgil’s “Aeneid” and the Tradition of Hellenistic Poetry (Berkeley and Los Angeles 1987), is at the same time both supremely learned, and accessible to highly literate non-specialists.Comments on specific poems:Eclogue 1: C. suggests that “the principal difficulty” here is that in alluding to Tityrus’ status Vergil has “deliberately confused” the private sense of libertas as freedom from slavery with its public or political sense as “the slogan of Octavian and his party.” The goal is to praise Octavian subtly and indirectly, and for more than just a personal favor, despite what the allegorical tradition has alleged. [End Page 332] On Tityrus’ planned offerings to the iuvenis in 42–43, C. champions Wissowa’s 1902 demonstration that Vergil alludes to once-monthly Hellenistic ruler cult, and points to honors decreed Octavian in 36 after the defeat of Sextus Pompey (but of course this depends on down-dating the collection; see below).Eclogues 3 and 7: The Introductions to the two amoebaean singing contests discuss the poetic problem of competitions in which neither singer may falter or fail, “for then the poem would be ruined.” C. argues that Vergil avoids this problem in 3 by having the contest end in a draw, and in 7 by having the poem describing the defeat of Thyrsis by Corydon be “dramatic—the imperfect recollection, that is, of a witness to an event and not, like the Third Eclogue, an omniscient poet’s description of it.” On 3.84 C. offers surprisingly little comment on the startling mention of Pollio; he is more helpful in the Introduction (xxi) but provides no cross-reference here; by contrast, on 9.35 he explains how “the pastoral illusion is momentarily shattered” by the mention of L. Varius Rufus.Eclogue 4: In an Introduction adapted from C.’s essay in J. L. Kugel, ed., Poetry and Prophecy (Ithaca 1990), C. focuses on a pre-collection version of the poem, which he suggests lacked the “brief pastoral apology” of 1–3 and “the emphatic—the rather too emphatic—reference to Pan and Arcadia near the end.” “To contemporary readers” of that poem, circulated during or soon after Pollio’s consulship, “the vexed question ‘Who is the boy?’ would not have occurred. They knew well enough who was meant: the expected son of Antony and Octavia and heir to... (shrink)

In the 1960s and 1970s, scuba technology, underwater cameras, and documentarians revealed a long-hidden underwater world to the public. At this time oceanographic science was growing exponentially. Historians of the marine sciences have focused their studies of the period on institutional and military partnerships, and on the scientist-administrators who shaped oceanographic research institutions (such as the Scripps Institution of Oceanography, the Woods Hole Oceanographic Institution, and the British National Institute of Oceanography). Underwater habitat development during the 1960s and 1970s, however, (...) deserves greater attention than it has yet received, as it highlights a peculiar confluence of military, scientific, and popular interest, characteristic of the period, in the colonization of the seafloor. Existing accounts have focused on American habitats, notably Sealab and Tektite, since these were the largest and best funded. But this approach overemphasizes a Cold War narrative in which the sole protagonists of the habitat programs were the United States and the Soviet Union. At least 65 habitats were built between 1962 and 1991. Some were state-sponsored, with significant programs run by French, German, Japanese, and Canadian teams. This essay takes as a case study the Canadian Sublimnos habitat as well as the underwater exploration programs it helped launch in Newfoundland (Lora-I) and in the Arctic (Sub-Igloo). The Canadian case demonstrates that technological expertise and public enthusiasm for underwater exploration should not be solely understood with reference to Cold War interests of the two superpowers. Rather, the international range of habitat programs of the 1960s and 1970s reveals an expanding interest in the vertical underwater dimension that was fueled by numerous national scientific aims and territorial claims. (shrink)

I argue that any broadly dispositional analysis of probability will either fail to give an adequate explication of probability, or else will fail to provide an explication that can be gainfully employed elsewhere (for instance, in empirical science or in the regulation of credence). The diversity and number of arguments suggests that there is little prospect of any successful analysis along these lines.

I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the (...) state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

AFTER DISTINGUISHING PARAPSYCHOLOGY FAVORABLY FROM VARIOUS PRESENTLY POPULAR YET WHOLLY DISREPUTABLE EXERCISES IN FRAUD AND SELF-DECEPTION, THIS PAPER CONSIDERS THREE ASPECTS IN WHICH IT DIFFERS FROM ALL ESTABLISHED HIGH-STATUS SCIENCES. FIRST, THE FIELD HAS TO BE DEFINED NEGATIVELY. SECOND, THERE IS AFTER OVER A CENTURY OF INVESTIGATION STILL NO REPEATABLE DEMONSTRATION OF THE GENUINENESS OF ANY PSI-PHENOMEN. THIRD, WE HAVE NO EVEN HALFWAY PLAUSIBLE THEORY WITH WHICH TO ACCOUNT FOR THE MATERIALS WHICH PARAPSYCHOLOGY IS SUPPOSED TO HAVE TO EXPLAIN. THE (...) CONCLUSION IS THAT PARAPSYCHOLOGY HAS NOT YET GRADUATED AS A SCIENCE, AND LIKELY NEVER WILL. (shrink)

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)

The concept of randomness has been unjustly neglected in recent philosophical literature, and when philosophers have thought about it, they have usually acquiesced in views about the concept that are fundamentally flawed. After indicating the ways in which these accounts are flawed, I propose that randomness is to be understood as a special case of the epistemic concept of the unpredictability of a process. This proposal arguably captures the intuitive desiderata for the concept of randomness; at least it should suggest (...) that the commonly accepted accounts cannot be the whole story and more philosophical attention needs to be paid. 1. Randomness in science1.1Random systems1.2Random behaviour1.3Random sampling1.4Caprice, arbitrariness and noise2. Concepts of randomness2.1Von Mises/church/martin-löf randomness2.2KCS-randomness3. Randomness is unpredictability: preliminaries3.1Process and product randomness3.2Randomness is indeterminism?4. Predictability4.1Epistemic constraints on prediction4.2Computational constraints on prediction4.3Pragmatic constraints on prediction4.4Prediction defined5. Unpredictability6. Randomness is unpredictability6.1Clarification of the definition of randomness6.2Randomness and probability6.3Subjectivity and context sensitivity of randomness7. Evaluating the analysis[R]andomness … is going to be a concept which is relative to our body of knowledge, which will somehow reflect what we know and what we don't know. Henry E. Kyburg, Jr ([1974], p. 217)Phenomena that we cannot predict must be judged random. Patrick Suppes ([1984], p. 32). (shrink)

This work argues that philosophy is not just useful, but vital, for thinking coherently about priorities in health policy and public policy.

I want to discuss philosophically, to glance at the logic of, the parts of this expression “the justification of punishment” and then to draw from this discussion one or two morals for discussions of the justification of punishment. This paper is based on one originally given to the Scots Philosophy Club at its Aberdeen meeting in 1953, as the third part of a symposium on The Justification of Punishment.

The Anatomy of Neoplatonism was the crowning achievement of A. C. Lloyd, the distinguished scholar of late ancient philosophy. He offers a rich and authoritative study of this school of thought, which was highly influential not only on subsequent philosophy but also on Christian theology. His discussion ranges over metaphysics, epistemology, logic, and language, and reveals the fundamental structure of Neoplatonist thought; the book is essential reading for all who work in this area. Lloyd shows that while Neoplatonism is not (...) a modern philosophy, it is indeed philosophy in the modern sense. (shrink)

I sketch a new constraint on chance, which connects chance ascriptions closely with ascriptions of ability, and more specifically with 'CAN'-claims. This connection between chance and ability has some claim to be a platitude; moreover, it exposes the debate over deterministic chance to the extensive literature on (in)compatibilism about free will. The upshot is that a prima facie case for the tenability of deterministic chance can be made. But the main thrust of the paper is to draw attention to the (...) connection between the truth conditions of sentences involving 'CAN' and 'CHANCE', and argue for the context sensitivity of each term. Awareness of this context sensitivity has consequences for the evaluation of particular philosophical arguments for (in) compatibilism when they are presented in particular contexts. (shrink)

In this brief but powerful book, acclaimed political philosopher C.B. Macpherson sets out in bold relief the essence of liberal democracy, both as it is currently conceived and as it might be reimagined. The Wynford edition includes a new Introduction by Frank Cunningham.

Russell famously argued that causation should be dispensed with. He gave two explicit arguments for this conclusion, both of which can be defused if we loosen the ties between causation and determinism. I show that we can define a concept of causation which meets Russell’s conditions but does not reduce to triviality. Unfortunately, a further serious problem is implicit beneath the details of Russell’s arguments, which I call the causal exclusion problem. Meeting this problem involves deploying a minimalist pragmatic account (...) of the nature and function of modal language. Russell’s scruples about causation can be accommodated, even as we partially legitimise the pervasive causal explanations in folk and scientific practice. (shrink)

Utterances within the context of telling fictional tales that appear to be assertions are nevertheless not to be taken at face value. The present paper attempts to explain exactly what such 'pseudo-assertions' are, and how they behave. Many pseudo-assertions can take on multiple roles, both within fictions and in what I call 'participatory criticism' of a fiction, especially when they occur discourse-initially. This fact, taken together with problems for replacement accounts of pseudo-assertion based on the implicit prefixing of an 'in (...) the fiction' operator, suggest that pseudo-assertion is best understood as a kind of make-believe. This proposal is elaborated and defended, and some applications to fictionalism are tentatively explored. (shrink)

Gödel argued that intuition has an important role to play in mathematical epistemology, and despite the infamy of his own position, this opinion still has much to recommend it. Intuitions and folk platitudes play a central role in philosophical enquiry too, and have recently been elevated to a central position in one project for understanding philosophical methodology: the so-called ‘Canberra Plan’. This philosophical role for intuitions suggests an analogous epistemology for some fundamental parts of mathematics, which casts a number of (...) themes in recent philosophy of mathematics (concerning a priority and fictionalism, for example) in revealing new light. (shrink)

The paper begins with the plausible view that criminal responsibility should track moral responsibility, and explains its plausibility. A necessary distinction is then drawn between liability and answerability as two dimensions of responsibility, and is shown to underpin the distinction in criminal law between offences and defences. This enables us to distinguish strict liability from strict answerability, and to see that whilst strict criminal liability seems inconsistent with the principle that criminal responsibility should track moral responsibility, strict criminal answerability is (...) not. We must ask, therefore, whether, when and why strict criminal responsibility is unacceptable. (shrink)

This article explores the connection between objective chance and the randomness of a sequence of outcomes. Discussion is focussed around the claim that something happens by chance iff it is random. This claim is subject to many objections. Attempts to save it by providing alternative theories of chance and randomness, involving indeterminism, unpredictability, and reductionism about chance, are canvassed. The article is largely expository, with particular attention being paid to the details of algorithmic randomness, a topic relatively unfamiliar to philosophers.

I argue for a deflationary answer to the question, “What is it to be a woman?” Prior attempts by feminist theorists to provide a metaphysical account of what all and only women have in common have all failed for the same reason: there is nothing women have in common beyond being women. Although the social kinds man and woman are primitive, their existence can be explained. I say that human sex difference is the material ground of systems of gender; gender (...) systems serve to enable male control of female reproductive capacities. This explains the fact that most women are female, but it does not entail that all women are female or that all females are women. To clarify my position, I draw an analogy between the kind woman and the kind parent. While it is difficult to come up with necessary and sufficient conditions for being a parent, it is clear that the social institution or practice of parenting has its material ground in the biological facts about human reproduction together with facts about infantile dependency. Saying this does not entail that all and only biological progenitors are parents. (shrink)

Studies of AGL have frequently used training and test stimuli that might provide multiple cues for learning, raising the question what subjects have actually learned. Using a selected subset of studies on humans and non‐human animals, Trotter et al. demonstrate how a meta‐analysis can be used to identify relevant experimental variables, providing a first step in asssessing the relative contribution of design features of grammars as well as of species‐specific effects on AGL.

Many researchers believe the tremendous industrial development over the past two centuries is unsustainable because it has led to unintended ecological deterioration. Despite the ever-growing attention sustainable supply-chain management has received, most SSCM research and models look at the consequences, rather than the antecedents or motives of such responsible practices. The few studies that explore corporate motives have remained largely qualitative, and large-scale empirical analyses are scarce. Drawing on multiple theories and combining supply-chain and business ethics literature, we purport that (...) instrumental, relational, and moral motives are behind a firm’s engagement in SSCM practices. Specifically, we examine the links between corporate motives, SSCM practices, and firm performance. Using a sample of 259 supply-chain firms in Germany, we empirically test five hypothesized relationships. Our results reveal that relational and moral motives are key drivers, and that firms exhibiting high levels of moral obligations tend to outperform those primarily driven by amoral considerations. Findings of this study contribute to multiple literatures espousing sustainability management and can help policy makers, stakeholder groups, and scholars develop more robust strategies for encouraging firms to practice SSCM. (shrink)

I discuss a significant distinction between two different applications of the principle of double effect. It serves sometimes to distinguish the intended effects of an action from side-Effects which are "relevant" to it, As providing reasons against it, For which the agent must admit responsibility, And of which he is the intentional agent; and sometimes to distinguish intended effects from side-Effects which are "irrelevant" to the action, As to which the agent denies responsibility and intentional agency.