Over the past decade, both the doctrine and the practice of criminal law have come under intensely critical review by feminist scholars and reformers. The territory under reexamination by or because of feminists spans the problems of women as witnesses, defendants, and prisoners in the criminal justice system; it extends to the situation of women as potential victims and offenders in diverse offense circumstances. Crimes in which the defendant or victim is typically female (e.g., prostitution, rape) are predictable subjects of (...) feminist concern, but attention has extended as well to the dynamics of women's experience (arguably distinctive and certainly neglected) in connection with such offenses as assault, shoplifting, drug offenses, and even armed robbery.Feminist criticism and reform efforts have focused for the most part at the level of specific rules or particular areas of practice. In this paper I want to comment on the structure of the feminist critique and to compare its underlying assumptions to those of criminal law as it has been traditionally understood and practiced. In at least some of its prominent versions, feminism entails orientations and commitments incompatible with those of the received criminal law tradition. To the extent that this is true, criminal law, constructed and expounded almost exclusively by males, can fairly be characterized (descriptively) as “sexist” or at least “gendered” (that is, male-oriented) in its core assumptions. Moving to normative ground, I suggest that if the descriptive claims of the feminist movement are true to any substantial extent, then criminal law – conceived in terms seemingly uncongenial to a large part of our population – would require thorough reexamination. (shrink)

Should a person who cannot appreciate the moral significance of legal norms qualify as a blameworthy actor simply because he has the capacity to comply with them for non-moral reasons? Such a person may lack any empathy for other human beings and view moral norms as arbitrary restraints on his self-interested behavior: does he nevertheless deserve moral blame when he makes an instrumentally “rational choice” to breach a norm governing his action? Should our answers to these questions depend on whether (...) we believe that the actor is morally responsible for lacking these moral emotions and understandings? In short, must we concern ourselves with those aspects of the agent's character – his goals, desires, values, emotions, and perceptions of what courses of action are available to him – that motivate his rational choices? Or are questions about what motivates the actor to exercise his capacity for rational choice irrelevant to our judgments concerning his moral culpability for violating some governing norm? One way of thinking about such questions is to ask what attributes a person must possess to qualify as an appropriate addressee of moral norms and a suitable object of moral blame. Must a moral agent have the capacity to respond to moral norms as a reason for his choices? Must he also be able to control those aspects of his character that impair his capacity to make moral choices? Most legal theorists insist that moral agents do not need such capacities to be fairly blamed for violating the minimal moral restraints that the criminal law imposes on their self-interested acts. (shrink)

This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. (...) Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government-one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law , addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS. (shrink)

1 Introducing Monsieur Foucault Stephen J. Ball Michel Foucault is an enigma, a massively influential intellectual who steadfastly refused to align himself ...

This book develops an alternative approach to sentence- and word-meaning, which I dub the speech-act theoretic approach, or STA. Instead of employing the syntactic and semantic forms of modern logic–principally, quantification theory–to construct semantic theories, STA employs speech-act structures. The structures it employs are those postulated by a novel theory of speech-acts. STA develops a compositional semantics in which surface grammar is integrated with semantic interpretation in a way not allowed by standard quantification-based theories. It provides a pragmatic theory of (...) truth, a treatment of logically complex discourse as expressive cognitive states, and a background metaphysics in which the world is a totality of logically simple states of affairs. The book also puts forward an account of how intentional states provide the simple, representational foundation for a superstructure of speech-act structures–a system of thoughts–that far outruns the expressive power of the intentional foundation. In short, it provides an account of cognitive foundations of a language and a naturalistic reduction of semantics through an expressive theory of semantic norms. (shrink)

Foucault, Power, and Education invites internationally renowned scholar Stephen J. Ball to reflect on the importance and influence of Foucault on his work in educational policy.

Few areas of scientific investigation have spawned more alternative approaches than animal behavior: comparative psychology, ethology, behavioral ecology, sociobiology, behavioral endocrinology, behavioral neuroscience, neuroethology, behavioral genetics, cognitive ethology, developmental psychobiology---the list goes on. Add in the behavioral sciences focused on the human animal, and you can continue the list with ethnography, biological anthropology, political science, sociology, psychology (cognitive, social, developmental, evolutionary, etc.), and even that dismal science, economics. Clearly, no reasonable-length chapter can do justice to such a varied collection. We (...) have opted therefore to focus on three of these subdisciplines and to provide a somewhat historical tour of them, mentioning along the way the philosophical points that are of particular interest to us, but allowing the development of these points to be limited only by the imaginations of our readers. For readers seeking a more-traditional historical survey, see Dewsbury (1984a, b) and Burghardt (1985a). Our chosen brief is to write about comparative psychology, ethology, and cognitive ethology, although other approaches, especially neuroscience, will be mentioned where appropriate. These sciences are philosophically significant because they are enmeshed in ancient philosophical questions about the nature of mind and purposeful action and about the differences between humans and other animals. These sciences are also clustered because of their attention to mechanistic explanations of individual animal behavior as opposed to attempting to capture regularities at a population level, such as the game-theoretic strategic models popular among behavioral ecologists. (shrink)

Provides guiding principles and values for practising responsible global media ethics.

Using Currie's critique as a foil, this paper reconstructs Lakatos's thesis that historiography of science is laden with normative assumptions about scientific rationality. It is argued that this thesis comprises both a heuristic claim and a constitutive claim. The Received Critique of Lakatos fails to see that "internal history" and "rational reconstruction" receive a special meaning (by which they designate "rational preconstructions") when used in the context of the heuristic claim. Currie avoids this mistake, but attributes to Lakatos an "investigation-surrogate (...) claim" which misrepresents the heuristic claim, oversimplifying the relation Lakatos envisions between hard cores and the solutions they generate. (shrink)

How can the philosopher use history of science to assess normative methodologies? This paper distinguishes the "intuitionist" meta-methodologies from the "rationability" meta-methodology. The rationability approach is defended by showing that it does not lead to anarchistic conclusions drawn by Feyerabend, Lakatos, and Kuhn; rather, these conclusions are the result of auxiliary assumptions about the nature of rational norms. By freeing the rationability meta-method from these assumptions, the specter of anarchism can be exorcised from it.

Disrupting Journalism Ethics sets out to disrupt and change how we think about journalism and its ethics. The book contends that long-established ways of thinking, which have come down to us from the history of journalism, need radical conceptual reform, with alternate conceptions of the role of journalism and fresh principles to evaluate practice. Through a series of disruptions, the book undermines the traditional principles of journalistic neutrality and "just the facts" reporting. It proposes an alternate philosophy of journalism as (...) engagement for democracy. The aim is a journalism ethic better suited to an age of digital and global media. As a philosophical pragmatist, Stephen J. A. Ward critiques traditional conceptions of accuracy, neutrality, detachment and patriotism, evaluating their capacity to respond to ethical dilemmas for journalists in the 21st century. The book proposes a holistic mindset for doing journalism ethics, a theory of journalism as advocacy for egalitarian democracy, and a global redefinition of basic journalistic norms. The book concludes by outlining the shape of a future journalism ethics, employing these alternative notions. Disrupting Journalism Ethics is an important intervention into the role of journalism today. It asks: what new role journalists should play in today's digital media world? And what new mind-set, new aims, and new standards ought jounalists to embrace? The book aims to persuade--and provoke--ethicists, journalists, students, and members of the public to disrupt and invent. (shrink)

Although its roots can be traced to the 19th century, progress in the study of nonlinear dynamical systems has taken off in the last 30 years. While pertinent source material exists, it is strewn about the literature in mathematics, physics, biology, economics, and psychology at varying levels of accessibility. A compendium research methods reflecting the expertise of major contributors to NDS psychology, Nonlinear Dynamical Systems Analysis for the Behavioral Sciences Using Real Data examines the techniques proven to be the most (...) useful in the behavioral sciences. The editors have brought together constructive work on new practical examples of methods and application built on nonlinear dynamics. They cover dynamics such as attractors, bifurcations, chaos, fractals, catastrophes, self-organization, and related issues in time series analysis, stationarity, modeling and hypothesis testing, probability, and experimental design. The analytic techniques discussed include several variants of the fractal dimension, several types of entropy, phase-space and state-space diagrams, recurrence analysis, spatial fractal analysis, oscillation functions, polynomial and Marquardt nonlinear regression, Markov chains, and symbolic dynamics. The book outlines the analytic requirements faced by social scientists and how they differ from those of mathematicians and natural scientists. It includes chapters centered on theory and procedural explanations for running the analyses with pertinent examples and others that illustrate applications where a particular form of analysis is seen in the context of a research problem. This combination of approaches conveys theoretical and practical knowledge that helps you develop skill and expertise in framing hypotheses dynamically and building viable analytic models to test them. (shrink)

This outstanding collection contains 100 papers drawn from the broad range of contemporary writing on the sociology of education. Major trends and developments from the 1970s through to the 1990s are represented. The following four volumes offer a comprehensive introduction to, and overview of, the field: * Theories and Methods * Inequalities and Oppressions * Institutions and Processes * Politics and Policies. Covering the key points of dispute and areas of controversy within the sociology of education these volumes include papers (...) from many of the leading writers in the field. Presented together, the papers constitute a sophisticated and versatile toolbox of ideas for theory-building and research. (shrink)

A timely call for a new ethic of journalism engagement for today's troubled media sphere, Objectively Engaged Journalism argues that media should be neither neutral nor partisan but engaged in protecting egalitarian democracy. It shows how journalists, professional or citizen, can be both objective in method and dedicated to improving a global public sphere toxic with disinformation, fake news, and extremism. Drawing from history, ethics, and current media issues, Stephen Ward rejects the ideals of neutrality and "just the facts" (...) objectivity, showing how they are based on invalid dualistic thinking with deep roots in Western culture. He presents a theory of pragmatic objectivity and applies it to journalism. Journalism's role in interpreting culture, he argues, needs a form of objectivity that embraces human strengths and limitations. Defining responsible journalism as situated, imperfect inquiry, Objectively Engaged Journalism is one of the first systematic studies of the ethical foundations of engaged journalism for a media that is increasingly perspectival and embedded in society. (shrink)

Can the origins of morality be explained entirely in evolutionary terms? If so, what are the implications for Christian moral theology and ethics? Is the latter redundant, as socio-biologists often assert? Stephen Pope argues that theologians need to engage with evolutionary theory rather than ignoring it. He shows that our growing knowledge of human evolution is compatible with Christian faith and morality, provided that the former is not interpreted reductionistically and the latter is not understood in fundamentalist ways. Christian (...) ethics ought to incorporate evolutionary approaches to human nature to the extent that they provide helpful knowledge of the conditions of human flourishing, both collective and individual. From this perspective, a strong affirmation of human dignity and appreciation for the theological virtues of faith, hope and charity is consistent with a revised account of natural law and the cardinal virtues. (shrink)

This chapter addresses the many topics concerning the mind that Michael Moore has written about for many decades, including the metaphysics of mind and action, the act requirement in criminal law, the basis for the excuse of legal insanity, a volitional or control excuse, and the relation of the new neuroscience to law. Rather than primarily responding to Moore’s influential work, the chapter largely considers issues that are complementary to Moore’s work. The chapter does question whether metaphysical issues must be (...) resolved to engage in constructive legal analysis, but concludes generally that Moore is right about most topics he covers. There is room for constructive disagreement, however, and the chapter notes the areas in which this is fruitful. (shrink)

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction to Substantive Criminal Law explores the doctrines, issues and controversies in the substantive field of criminal law. Chapters cover important theoretical and doctrinal topics, including the justifications for state blame (...) and punishment, the foundations for criminalization, the prima facie case, affirmative defences of justification and excuse, and sentencing. Stephen J. Morse uses copious concrete examples drawn from cases, statutes and extended case studies, including the intricate grading of homicide, to enliven the discussion. Key Features: - Concise and accessible format - Theoretical explication of doctrinal intricacies - Informative coverage and real world examples of criminal law - Discussion of the challenges and responsibilities surrounding legal concepts of the person. Providing a compact and succinct introduction to the rich scholarship of the field, this Advanced Introduction will be an ideal read for lawyers and law students interested in criminal law and justice. It will also be a valuable resource for law enforcement personnel and anyone looking to understand the role of criminal law as a means to achieve justice and social safety. (shrink)

"This book will take its place in libraries next to the finest works abou;this creative thinker." —Religious Studies Review "... gives a fine sense of the present state and the future direction of Edwards studies... Recommended for upper-division undergraduate and graduate students." —Choice "... this volume opens up new windows, not only on previously neglected texts of Jonathan Edwards, but on the larger cultural functions and effects of those texts." —Journal of the History of the Behavioral Sciences Here is a (...) compact survey of current Edwards scholarship. These essays present groundbreaking contemporary scholarship focusing on the writings of the 18th-century American philosopher and theologian Jonathan Edwards. They range widely across the Edwardsian canon, including his most prominent and important published texts—Religious Affections and The Nature of True Virtue—as well as unfamiliar treatises and sermons. (shrink)

Synchronization of autonomic arousal levels within dyads and larger teams has been associated with several types of social-behavioral outcome. One previous study reported greater physiological influence of leaders on followers than of followers on leaders; influence was measured pairwise within triadic problem solving groups. The present study explored synchronized autonomic arousal with leadership outcomes in two experiments with group sizes of three to eight members. Drivers, who had the greatest physiological impact on other team members were consistently less like the (...) leader of the group. Empaths, who were the most receptive to autonomic signals from others, were not consistently associated with leadership roles, although they did show sensitivity to team dynamics in their ratings of cognitive and social sources of workload. The tentative conclusion, subject to future research, is that successful leadership requires a balance between the driver and empath orientations. (shrink)

This study investigated the stationarity of electrodermal time series collected in situations where turn taking in human interactions are involved. In this context, the stationarity of the time series is the extent to which a simple model can be used to fit the entire time series. The experiment involved seven participants in an emergency response simulation against one opponent. They generated 48 time series across six simulations, which were split and re-spliced to separate the team’s turns and the opponent’s turns. (...) Significant differences in R2 coefficients were found for both linear and nonlinear statistical models between experimental conditions, but the difference only amounted to 3% of the accuracy of those models relative to the original data. It was thus concluded that the impact of turn taking on stationarity was a small effect at most. A comparison of synchronization coefficients for the team data, which rely on the collective accuracy of the individual time series models, indicated stronger synchronization during periods when the team was watching the opponent’s actions compared to when they took their own turns. It was thus concluded, furthermore, that the common focus of attention prevailed against any non-stationarity that was introduced by turn taking. (shrink)

The author upends traditional understandings of this controversial narrative through a phenomenological midrash or interpretation of Genesis 22 from the Dialogic and Jewish philosophies of Franz Rosenzweig, Martin Buber, and, most notably, Emmanuel Levinas. He intersects Jewish studies, Biblical studies, and philosophy in a literary/midrashic style that challenges traditional Western philosophical epistemology. Through the biblical narrative of Abraham, Sarah, Isaac, and Rebecca, he explains that Rosenzweig, Buber, and Levinas Judaically exercise and offer an alternative epistemic orientation to the study of (...) ethics than that of traditional Western or Hellenic-Christian philosophy. (shrink)

Debate about deregulation has focused considerable attention on the pricing policies of public utilities. Much work has been done by economists on this subject, and in this book the results of that research are presented and made accessible to students of economics. The main subject is the policy to be followed by a regulated monopoly, but the analysis is broadened to take account of a fringe of competitive suppliers, making it relevant to electric utilities and local telephone companies in the (...) US, to PTT's in Europe, to the possible privatisatibn of telecommunications in Australia, and to the telecommunications structure in the UK where the dominant supplier has recently been privatised. The book gives a unified and simplified exposition of the modern theory of efficient pricing which is not available elsewhere. The theoretical discussion is supplemented by numerical simulation comparing Fully Distributed Cost Pricing, Ramsey Pricing, and Optimal Non-uniform Pricing. (shrink)

Behavioral and physiological synchronization have important implications for work teams with regard to workload management, coordinated behavior and overall functioning. This study extended previous work on the nonlinear statistical structure of GSR series in dyads to larger teams and included subjective ratings of workload and contributions to problem solving. Eleven teams of 3 or 4 people played a series of six emergency response (ER) games against a single opponent. Seven of the groups worked under a time pressure instruction at the (...) beginning of the first game. The other four groups were not given that instruction until the beginning of the fourth game. The optimal lag length for the teams, which appeared to be phase-locked, was substantially shorter than that obtained previously for loosely-coupled dyads. There was a complex nonlinear effect from the time pressure manipulation on the autocorrelation over time that reflected workload and fatigue dynamics that were operating. The R2 values for linear and nonlinear statistical models differed by less than.01. The average amount of influence from one ER team member to another was 4.5-4.7% of the variance in GSR readings. ER team members were classified as drivers and empaths, based on the autocorrelations and transfer influences to and from other players in the GSR time series. Empaths were rated by their peers as making more types of positive contributions to the problem solving discussions than others, and drivers received the lowest ratings. Larger Lyapunov exponents that were calculated from the GSR time series were positively correlated with individuals’ ratings of subjective workload and were negatively correlated with leadership indicators. Several directions for further research are outlined. (shrink)