It is a widely shared belief that genocide – the ‘crime of crimes’– is more morally significant than ‘mere’ large-scale mass murder. Various attempts have been made to capture that separate evil of genocide: some have attempted to locate it in damage done to individuals, while others have focused upon the harm done to collectives. In this article, I offer a third, neglected, option. Genocide damages humankind: it is here that the difference is to be found. I show that this (...) understanding has a venerable legal history, and argue that it has the significant benefits of legitimising intervention and justifying universal jurisdiction. (shrink)

In this paper, I examine the presumption that Mill endorses a form of metaethical non-cognitivism. I argue that the evidence traditionally cited for this interpretation is not convincing, and suggest that we should instead remain open to a cognitivist reading. I begin, in Section I, by laying out the ‘received view’ of Mill on the status of practical norms, as given by Alan Ryan in the 1970s. There is, I claim in Sections II and III, no firm textual evidence for (...) this reading of Mill: his remarks on ‘art’ and ‘science’ do not show the metaethical commitments they have been taken to. Neither is there firm textual evidence for a cognitivist reading. However, I suggest in Section IV, a non-cognitivist interpretation suffers from the fault of anachronism, and is difficult to reconcile with a clear commitment in Utilitarianism IV.3 to the possibility of evidence being given for the desirability of pleasure. A cognitivist reading would not suffer from these faults, and on that basis, I conclude that we should think further about what a cognitivist reading of Mill might amount to. (shrink)

In this article I discuss the nature of crimes against humanity. The various definitions that have been used, or alluded to, in the legal literature are outlined, and it is suggested that they fall neatly into two camps by interpreting ‘humanity’ differently. It is proposed that any theory which adequately captures the nature of this crime must distinguish it qualitatively from other ‘lower’ crimes, and that only members of one camp can do this. I go on to argue for one (...) particular way of treating the crime – regarding it as a crime which hurts all humanity – and recommend adopting a view under which we would regard all humanity as one entity. (shrink)

It is often claimed, following Joseph Levine, that there is an ‘explanatory gap’ between ordinary physical facts and the way we perceive things, so that it is impossible to explain, among other things, why colours actually look the way they do. C.L. Hardin, by contrast, argues that there are sufficient asymmetries between colours to traverse this gap. This paper argues that the terms we use to characterize colours, such as ‘warm’ and ‘cool’, are not well understood, and that we need (...) to understand the neurological basis for such associations if we are even to understand what is fully meant by saying, for example, that red is a warm colour. This paper also speculates on how Hardin’s strategy can be generalized. A PowerPoint presentation that depicts inverted colour qualia is attached as an appendix. (shrink)

Much scholarly attention has been given to the vast differences in understandings of theism throughout the history of the theological tradition. Rather less attention has been given to differences in understandings of atheism. That there are and have been such differences, however, is obvious. This may be seen in the contemporary context if we juxtapose the ‘newly visible’ atheisms of, for instance, Richard Dawkins and Slavoj Žižek. In previous work, I and several other scholars have drawn attention to the ways (...) in which the existence of different forms of atheism may be explained by the fact that they are responding to and negating very different forms of theism. But there may well be more at stake in differences between atheisms than this. (shrink)

Informed consent is a central concept of contemporary medical ethics. Clinicians and medical researchers are under an obligation to inform patients and research subjects about the nature, purposes, risks, and side effects of proposed courses of action. A vast body of literature has been produced, over the past 30 years or so, about the nature, justification, scope, and limits of informed consent. Here we will focus on what informed consent is, how it came to have a central place in medical (...) ethics, and then briefly introduce some of the main problems and issues with informed consent. (shrink)

A brief discussion of means and ends in Arendt's political theory, which considers the following quotation from Arendt's essay, 'What is freedom?': "Political institutions, no matter how well or badly designed, depend for continued existence upon acting men; their conservation is achieved by the same means that brought them into being. Independent existence marks the work of art as a product of making; utter dependence upon further acts to keep it in existence marks the state as a product of action.".

For the legal system to function effectively people are generally viewed as autonomous actors able to exercise choice and responsible for their actions. It is conceivable that genetic traits associated with violent and antisocial behaviour could call into question an affected individual’s responsibility for acts of criminal violence. Evidence concerning genes associated with violent and antisocial behaviour has been introduced in criminal courts in USA and Italy, either alone or with associated environmental factors. One example of a ‘genetic defence’ is (...) based on low levels of monoamine oxidase A activity, with a prevalence of around thirty percent in Caucasian males. In countries with trial by jury it is particularly relevant to consider the views of publics on criminal liability and the significance they assign to evidence citing genetic influences on behaviour. This article draws on largely qualitative research looking at participants’ explanations of, and assigning of responsibility for, violent and antisocial behaviour where environmental or genetic influences are claimed. Genetic factors were not viewed deterministically by participants but were considered by most to be irrelevant to personal responsibility. Notions of human agency, free will and choice were crucial to explanations of problem behaviours and ensured that offenders could be held responsible despite evidence on environmental and genetic factors. (shrink)

Some self-ascriptions of belief, desire and other attitudes exhibit first-person authority. The aim here is to offer a novel account of this kind of first-person authority. The account is a development of Robert Gordon's ascent routine theory but is framed in terms of our ability to bring it about that others know of our attitudes via speech acts which do not deploy attitudinal vocabulary but which nonetheless ‘show’ our attitudes to others. Unlike Gordon's ascent routine theory, the theory readily applies (...) to attitudes other than belief, avoids a need to appeal to processes of making up one's mind, and does not rest upon a distinction between ‘outward looking’ and ‘inward looking’ processes. (shrink)

This paper examines the English case, Regina v Adams in which the difference between "scientific reason" and "common sense" was explicitly at stake in the use of DNA evidence. In its decision the Appellate Court reinstated a boundary between "scientific" and "common sense" evidence, arguing that this boundary was necessary to preserve the jury's role as trier of fact. The paper's discussion of the court's work of demarcation addresses the unresolved problems with the place of probability estimates in jury trials.

The Dearing Report emphasised the idea of a 'learning society' as the new context of UK higher education, but conceived this on a model of adaptivity to economically- and technologically-driven change. While there are real shifts in their social relations here with which universities have to reckon, they can also be understood on a much richer model of exploratory social intelligence. The growing concern for environmental sustainability is both a recognition of the need for this alternative model, and a major (...) ground of its importance. (shrink)

The received understanding of interdisciplinarity in environmental higher education depends on constructions of the environmental agenda which tacitly privilege positivistic assumptions associated with the physical and biological sciences. If, however, we take seriously the heuristic force of the key humanities disciplines in regard to our environmental situation, precisely this privileging will be at issue. This suggests that collaboration across the full range of intellectual disciplines is needed not just to solve but to frame environmental problems. This requirement, however, may have (...) to be met at the institutional level rather than at that of individual teachers and learners. (shrink)

The cosmological and design arguments, frequently operating in tandem, monopolized British theistic argument. Both the first cause argument propounded by Locke and Edmund Law, and the demonstration of a necessary being advocated by Samuel Clarke and John Jackson, limited the attributes that could be deduced from those characters. They relied on features of the existing order to complete their accounts. Berkeley, Hutcheson and Abernethy gave distinctive presentations of the design argument. Many just amassed scientific data without adequate analysis. Hume’s critique (...) nevertheless had little impact. Reid appeared to show that his epistemology broke down, while Paley’s attack on Hume’s logic attracted many admirers. (shrink)

Modern medicine provides unprecedented opportunities in diagnostics and treatment. However, in some situations at the end of a patient’s life, many physicians refrain from using all possible measures to prolong life. We studied the incidence of different types of treatment withheld or withdrawn in 6 European countries and analyzed the main background characteristics.