Representations of the fingers are embodied in our cognition and influence performance in enumeration tasks. Among deaf signers, the fingers also serve as a tool for communication in sign language. Previous studies in normal hearing (NH) participants showed effects of embodiment (i.e., embodied numerosity) on tactile enumeration using the fingers of one hand. In this research, we examined the influence of extensive visuo‐manual use on tactile enumeration among the deaf. We carried out four enumeration task experiments, using 1–5 stimuli, on (...) a profoundly deaf group (n = 16) and a matching NH group (n = 15): (a) tactile enumeration using one hand, (b) tactile enumeration using two hands, (c) visual enumeration of finger signs, and (d) visual enumeration of dots. In the tactile tasks, we found salient embodied effects in the deaf group compared to the NH group. In the visual enumeration of finger signs task, we controlled the meanings of the stimuli presentation type (e.g., finger‐counting habit, fingerspelled letters, both or neither). Interestingly, when comparing fingerspelled letters to neutrals (i.e., not letters or numerical finger‐counting signs), an inhibition pattern was observed among the deaf. The findings uncover the influence of rich visuo‐manual experiences and language on embodied representations. In addition, we propose that these influences can partially account for the lag in mathematical competencies in the deaf compared to NH peers. Lastly, we further discuss how our findings support a contemporary model for mental numerical representations and finger‐counting habits. (shrink)

The emergence of the genetic counseling profession has allowed laypeople to understand and benefit from biological advances, and to make critical decisions about their application. The discipline of genetic counseling has been criticized from its very beginning, in particular because of its early association with the eugenics movement. This paper presents a critical and reflective overview of how genetic counseling is implicitly embedded in the history of eugenics but also counteracts past eugenic practices and ideas. After World War II, attempts (...) were made to distance genetic counseling from eugenics. The first definition of genetic counseling did not position this field as a medical encounter but "as a kind of genetic social work aimed primarily to provide people with an understanding of their family's genetics problems." This approach was a reaction to the genetic and social evolutionary ideas that informed eugenic theories during the first half of the 20th century. Professionals engaged in genetic counseling during the 1940s and1950s rejected eugenic practices, but there was still support for eugenics’ goals of improving heredity and eliminating disease. From the 1960s, genetic counseling underwent professionalization alongside feminization and a definition of core values. Among these values were nondirectiveness counseling and the autonomy of the counselee. The dark shadow of Nazi ideology and other eugenic practices, attempts to employ the historical responsibility of geneticists, and the dynamic medical, social, political, and educational changes of the 1960s and 1970s helped to frame approaches and delineate the goals and limits of the new profession of “genetic counseling.”. (shrink)

In this paper I defend anti-realism about race and a new theory of racialization. I argue that there are no races, only racialized groups. Many social constructionists about race have adopted racial formation theory to explain how ‘races’ are formed. However, anti-realists about race cannot adopt racial formation theory, because it assumes the reality of race. I introduce interactive constructionism about racialized groups as a theory of racialization for anti-realists about race. Interactive constructionism moves the discussion away from the dichotomous (...) (social vs. biological) metaphysics that has marred this debate, and posits that racialized groups are the joint products of a broad range of non-racial factors, which interact. (shrink)

Quayshawn Spencer (2014) misunderstands my treatment of racial naturalism. I argued that racial naturalism must entail a strong claim, such as “races are subspecies”, if it is to be a substantive position that contrasts with anti-realism about biological race. My recognition that not all race naturalists make such a strong claim is evident throughout the article Spencer reviews (Hochman, 2013a). Spencer seems to agree with me that there are no human subspecies, and he endorses a weaker form of racial (...) naturalism. However, he supports his preferred version of ‘racial naturalism’ with arguments that are not well described as ‘naturalistic’. I argue that Spencer offers us an unnaturalised racial naturalism. (shrink)

In 1990 Robert Lickliter and Thomas Berry identified the phylogeny fallacy, an empirically untenable dichotomy between proximate and evolutionary causation, which locates proximate causes in the decoding of ‘ genetic programs’, and evolutionary causes in the historical events that shaped these programs. More recently, Lickliter and Hunter Honeycutt argued that Evolutionary Psychologists commit this fallacy, and they proposed an alternative research program for evolutionary psychology. For these authors the phylogeny fallacy is the proximate/evolutionary distinction itself, which they argue constitutes a (...) misunderstanding of development, and its role in the evolutionary process. In this article I argue that the phylogeny fallacy should be relocated to an error of reasoning that this causal framework sustains: the conflation of proximate and evolutionary explanation. Having identified this empirically neutral form of the phylogeny fallacy, I identify its mirror image, the ontogeny fallacy. Through the lens of these fallacies I attempt to solve several outstanding problems in the debate that ensued from Lickliter and Honeycutt’s provocative article. (shrink)

Hegel has long been considered a major thinker of progress. This paper extends Hegel’s philosophy of progress into an outline of a philosophy of technology. It does this not by directly reading the little Hegel wrote on the subject, but by introducing six central Hegelian ideas that bear on the technological thought. It argues that, for Hegel, (1) mankind is destined to change its destiny; (2) that true change involved qualitative change; (3) that true change is conceptual, and not material, (...) change; (4) that history progresses immanently according to its own laws; (5) that history progresses towards ever greater artificiality; and that (6) artificiality is closely linked to freedom. These ideas cohere into a Hegelian metaphysics of technology, which is supportive of the technological enterprise. This paper is meant both to sketch a metaphysical understanding of the technological enterprise, and to trace the intellectual roots of contemporary technological utopianism. (shrink)

ABSTRACTThis paper attempts to shed light on Hegel’s recurring comment that Spinoza’s philosophy lacks the ‘principle of individuality’. It shows that this criticism can have three distinct meanings: that Spinozism cannot account for the multiplicity of finite individuals; that Spinozism leads to a moral devaluation of the finite individual; the form of substance is indifferent and lacks a differentiating principle. It is shown that Hegel argued, somewhat incoherently, for all three.

Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to the problem (...) of sanctioned intra-group rights violation. This new 'joint governance' approach is guided by an innovative principle that strives for the reduction of injustice between minority groups and the wider society, together with the enhancement of justice within them. This book will interest students of political and social theory, law, religion, institutional design, as well as cultural and gender studies. (shrink)

Support for the biological concept of race declined slowly but steadily during the second half of the twentieth century. However, debate about the validity of the race concept has recently been reignited. Genetic-clustering studies have shown that despite the small proportion of genetic variation separating continental populations, it is possible to assign some individuals to their continents of origin, based on genetic data alone. Race naturalists have interpreted these studies as empirically confirming the existence of human subspecies, and by extension (...) biological races. However, the new racial naturalism is not convincing. The continental clusters appealed to by race naturalists are arbitrary and superficial groupings, which should not be elevated to subspecies status. Moreover, the criteria applied to humans are not consistent with those used to define subspecies in nonhuman animals, and no rationale has been given for this differential treatment. (shrink)

This paper defends the concept of racialization against its critics. As the concept has become increasingly popular, questions about its meaning and value have been raised, and a backlash against its use has occurred. I argue that when “racialization” is properly understood, criticisms of the concept are unsuccessful. I defend a definition of racialization and identify its companion concept, “racialized group.” Racialization is often used as a synonym for “racial formation.” I argue that this is a mistake. Racial formation theory (...) is committed to racial ontology, but racialization is best understood as the process through which racialized – rather than racial – groups are formed. “Racialization” plays a unique role in the conceptual landscape, and it is a key concept for race eliminativists and anti-realists about race. (shrink)

In this paper I defend the metaphysics of race as a valuable philosophical project against deflationism about race. The deflationists argue that metaphysical debate about the reality of race amounts to a non-substantive verbal dispute that diverts attention from ethical and practical issues to do with ‘race.’ In response, I show that the deflationists mischaracterize the field and fail to capture what most metaphysicians of race actually do in their work, which is almost always pluralist and very often normative and (...) explicitly political. Even if debates about the reality of race turn out to be verbal disputes, they are substantive, and worth having. (shrink)

In British Hegelianism we find, forgotten, a weighty theory of individuality. This theory remains one of the most sustained attempts in the history of philosophy to analyze the individual, not in the social or psychological sense, but as a logical-metaphysical category. The Idealist conceptualization of the individual is bound with their unconventional theory of universals, for they argued that any individual is a “concrete universal,” and vice versa. This article reconstructs the British Idealist theory of individuality, highlighting its key insights: (...) (a) the individual is not a simple unit, but a small system with interrelated parts; (b) the individual is not simply given, but is mediated by thought; (c) the individual is the conceptual glue holding the parts together and assigning them their respective places; (d) the conceptualization of the individual lies at the intersection of logic, aesthetics and systems theory. (shrink)

The three target articles constitute a powerful and persuasive call for actively anti-racist bioethics and biomedicine. All three articles reject race as a biological category. Nevertheless, they share a common commitment to racial classification. At one point, Ruqaiijah Yearby writes that “social race, like biological race, is an illusion created to establish racial hierarchy,” but mostly she writes about “races” as though they were not an illusion, but a reality. In this commentary I critique the racial realism of the target (...) articles. I argue that the biomedical fight against racism is best served by a form of anti-realist reconstructionism about race, which says that there are no races, only racialized groups—groups misunderstood to be races. Note that I do not defend the color blindness that Clarence H. Braddock (2020) persuasively rejects. Because of the role of skin color in racialization and racism, color blindness is a misguided goal. One can reject color blindness, though, without accepting racial realism... (shrink)

The biological race debate is at an impasse. Issues surrounding hereditarianism aside, there is little empirical disagreement left between race naturalists and anti-realists about biological race. The disagreement is now primarily semantic. This would seem to uniquely qualify philosophers to contribute to the biological race debate. However, philosophers of race are reluctant to focus on semantics, largely because of their worries about the ‘flight to reference’. In this paper, I show how philosophers can contribute to the debate without taking the (...) flight to reference. Drawing on the theory of reference literature and the history of meaning change in science, I develop some criteria for dealing with cases where there is uncertainty about reference. I then apply these criteria to the biological race debate. All of the criteria I develop for eliminating putative kinds are met in the case of ‘race’ as understood by twentieth century geneticist Theodosius Dobzhansky and his contemporary proponents, suggesting that we should eliminate it from our biological ontology. (shrink)

Developmental systems theory (DST) is a wholeheartedly epigenetic approach to development, inheritance and evolution. The developmental system of an organism is the entire matrix of resources that are needed to reproduce the life cycle. The range of developmental resources that are properly described as being inherited, and which are subject to natural selection, is far wider than has traditionally been allowed. Evolution acts on this extended set of developmental resources. From a developmental systems perspective, development does not proceed according to (...) a preformed plan; what is inherited is much more than DNA; and evolution is change not only in gene frequencies, but in entire developmental systems. (shrink)

The UNESCO Statements on Race of the early 1950s are understood to have marked a consensus amongst natural scientists and social scientists that ‘race’ is a social construct. Human biological diversity was shown to be predominantly clinal, or gradual, not discreet, and clustered, as racial naturalism implied. From the seventies social constructionists added that the vast majority of human genetic diversity resides within any given racialised group. While social constructionism about race became the majority consensus view on the topic, social (...) constructionism has always had its critics. Sesardic (2010) has compiled these criticisms into one of the strongest defences of racial naturalism in recent times. In this paper I argue that Sesardic equivocates between two versions of racial naturalism: a weak version and a strong version. As I shall argue, the strong version is not supported by the relevant science. The weak version, on the other hand, does not contrast properly with what social constructionists think about ‘race’. By leaning on this weak view Sesardic’s racial naturalism intermittently gains an appearance of plausibility, but this view is too weak to revive racial naturalism. As Sesardic demonstrates, there are new arguments for racial naturalism post-Human Genome Diversity Project. The positive message behind my critique is how to be a social constructionist about race in the post-genomic era. (shrink)

Neven Sesardic has recently defended his arguments in favour of racial naturalism—the view that race is a valid biological category—in response to my criticism of his work. While Sesardic claims that a strong version of racial naturalism can survive critique, he has in fact weakened his position considerably. He concedes that conventional racial taxonomy is arbitrary and he no longer identifies ‘races’ as human subspecies. Sesardic now relies almost entirely on Theodosius Dobzhansky’s notion of race-as-population. This weak approach to ‘race’—according (...) to which all genetic difference between populations is ‘racial’ and ‘the races’ are simply the populations we choose to call races—survived its early critiques. As it is being mobilised to support racial naturalism once more, we need to continue the debate about whether we should weaken the concept of race to mean ‘population’, or abandon it as a failed biological category. I argue that Sesardic’s case for racial naturalism is only supported by his continued mischaracterisation of anti-realism about biological race and his appeal to Dobzhansky’s authority. Rather than deflating the meaning of ‘race’, it should be eliminated from our biological ontology. (shrink)

As belief in the reality of race as a biological category among U.S. anthropologists has fallen, belief in the reality of race as a social category has risen in its place. The view that race simply does not exist—that it is a myth—is treated with suspicion. While racial classification is linked to many of the worst evils of recent history, it is now widely believed to be necessary to fight back against racism. In this article, I argue that race is (...) indeed a biological fiction, but I critique the claim that race is socially real. I defend a form of anti‐realist reconstructionism about race, which says that there are no races, only racialized groups—groups mistakenly believed to be races. I argue that this is the most attractive position about race from a metaphysical perspective, and that it is also the position most conductive to public understanding and social justice. (shrink)

The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country's territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct untethered in space. This transformation (...) upsets our assumptions about waning sovereignty, while also revealing the limits of the populist push toward border-fortification. At the same time, it presents a tremendous opportunity to rethink states' responsibilities to migrants. This book proposes a new, functional approach to human mobility and access to membership in a world where borders, like people, have the capacity to move. (shrink)

The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region--with its specific level of wealth, degree of stability, and human rights record--is a crucial factor in the determination of life chances. However, birthright entitlements still dominate both our imagination and our laws in the allotment of political membership to a (...) given state. In this article we explore the striking conceptual and legal similarities between intergenerational transfers of citizenship and property. The analogy between inherited citizenship and the intergenerational transfer of property allows us to use existing qualifications found in the realm of inheritance as a model for imposing restrictions on the unlimited and perpetual transmission of membership--with the aim of ameliorating its most glaring opportunity inequalities. (shrink)

In my Racialization: A Defense of the Concept, I argue that ‘race’ fails as an analytic category and that we should think in terms of ‘racialization’ and ‘racialized groups’ instead (Hochman 2019c). I define these concepts and defend them against a range of criticisms. In Rethinking Racialization: The Analytical Limits of Racialization, Deniz Uyan critiques my “theory of racialization” (Uyan 2021). However, I do not defend a theory of racialization; I defend the concept of racialization. I argue that racialization (...) is a useful idea, but I do not advance a theory to explain or predict the phenomena it describes. While Uyan’s critique therefore misses its mark, it raises important questions about the explanatory scope of the racialization concept. Ironically, I may be even more skeptical of the prospects of any general theory of racialization than Uyan. I argue that while we ought to develop theories to explain particular instances of racialization, we should not develop a general theory of racialization, because it is simply too varied in the agents that drive it, their intents, the mechanisms through which it operates, and the outcomes it produces. While hope for any general theory of racialisation should be abandoned, I argue that the racialisation concept is still extremely useful. It offers a necessary alternative to race realist concepts, allowing us to point to the wide-ranging effects of belief in race without falsely implying that race itself is real. Uyan does not focus on my arguments against racial realism. However, the theoretical failures and normative risks of racial realism motivate my defense of the racialization concept. In this paper, I reiterate my arguments against racial realism and offer further defense of the concepts of ‘racialization’ and ‘racialized group’. (shrink)

National and international criminal law systems are continually seeking doctrinal and theoretical frameworks to help them impose individual liability on collective perpetrators of crime. The two systems move in parallel and draw on each other. Historically, it has been mostly international criminal law that leaned on domestic legal systems for its collective modes of liability. Currently, however, it is the emerging jurisprudence of the International Criminal Court that is at the forefront of innovation, with the doctrine of indirect co-perpetration taking (...) the lead in international prosecutions. The article assesses the potential contribution as well as the limits of this compound doctrine to domestic criminal law jurisprudence, particularly with regard to small-group criminality. Four modes of indirect co-perpetration are discussed, namely shared control, concerted control, controlling board, and flawed triangle perpetration. A doctrine of indirect co-perpetration would enable liability in these modes of perpetration, perhaps with the exception of the latter, which marks the limits of its applicability. (shrink)

Volume 19, Issue 5, May 2019, Page 78-80.

Artificial intelligence surveillance can be used to diagnose individual cases, track the spread of Covid‐19, and help provide care. The use of AI for surveillance purposes (such as detecting new Covid‐19 cases and gathering data from healthy and ill individuals) in a pandemic raises multiple concerns ranging from privacy to discrimination to access to care. Luckily, there exist several frameworks that can help guide stakeholders, especially physicians but also AI developers and public health officials, as they navigate these treacherous shoals. (...) While these frameworks were not explicitly designed for AI surveillance during a pandemic, they can be adapted to help address concerns regarding privacy, human rights, and due process and equality. In a time where the rapid implementation of all tools available is critical to ending a pandemic, physicians, public health officials, and technology companies should understand the criteria for the ethical implementation of AI surveillance. (shrink)

How do the organization and presentation of large-scale social media images recondition the process by which visual knowledge, value, and meaning are made in contemporary conditions? Analyzing fundamental elements in the changing syntax of existing visual software ontology—the ways current social media platforms and aggregators organize and categorize social media images—this article relates how visual materials created within social media platforms manifest distinct modes of knowledge production and acquisition. First, I analyze the structure of social media images within data streams (...) as opposed to previous information organization in a structured database. While the database has no pre-defined notions of time and thus challenges traditional linear forms, the data stream re-emphasizes the linearity of a particular data sequence and activates a set of new relations to contemporary temporalities. Next, I show how these visual arrangements and temporal principles are manifested and discussed in three artworks: “Untitled” by Felix Gonzalez-Torres, The Clock by Christian Marclay, and Last Clock by Jussi Ängeslevä and Ross Cooper. By emphasizing the technical and poetic ways in which social media situate the present as a “thick” historical unit that embodies multiple and synchronous temporalities, this article illuminates some of the conditions, challenges, and tensions between former visual structures and current ones, and unfolds the cultural significations of contemporary big visual data. (shrink)

The phrase ‘social constructionism about race’ is so ambiguous that it is unable to convey anything very meaningful. I argue that the various versions of social constructionism about race are either false, overly broad, or better described as anti-realism about biological race. One of the central rhetorical purposes of social constructionism about race has been to serve as an alternative to biological racial realism. However, most versions of social constructionism about race are compatible with biological racial realism, and there are (...) some race scholars who endorse both positions. Going a step further, David Reich has recently defended both social constructionism about race and racial hereditarianism. While Reich’s defense of racial hereditarianism is unconvincing, I show that most versions of social constructionism about race are indeed compatible with racial hereditarianism. I argue that we ought to replace the social constructionist “consensus” about race with the view that there are no races, only racialized groups. (shrink)

Nazi ideology was premised on a belief in the superiority of the Germanic race. However, the idea of a superior Germanic race was not invented by the Nazis. By the beginning of the 20th century this idea had already gained not only popular but also mainstream scientific support in England, Germany, the U.S., Scandinavia, and other parts of the world in which people claimed Germanic origins (p. xiii). Yet how could this idea, which is now recognised as ideology of the (...) most dangerous kind, be given the appearance of scientific legitimacy by some of the leading physical anthropologists of the day? (shrink)

The intuition holding that an organized crime leader should be punished more severely than a subordinate who directly commits an offence is commonly reflected in legal literature. However, positing a direct relationship between the severity of punishment and the level of seniority within an organizational hierarchy represents a departure from a more general idea found in much of the substantive criminal law writings: that the severity of punishment increases the closer the proximity to the physical commission of the offence. This (...) paper presents an analysis of the said intuition and attempts to ascertain its roots. Rejecting both retribution and deterrence theory as valid explanations, it will be inferred that the imposition of harsher punishment on organized crime leaders is properly based on the multiplicity of offences for which they are responsible, and not the nature of their involvement in any specific offence. (shrink)

Francisco Gil-White argues that the ubiquity of racialism—the view that so-called races have biological essences—can be explained as a by-product of a shared mental module dedicated to ethnic cognition. Gil-White’s theory has been endorsed, with some revisions, by Edouard Machery and Luc Faucher. In this skeptical response I argue that our developmental environments contain a wealth, rather than a poverty of racialist stimulus, rendering a nativist explanation of racialism redundant. I also argue that we should not theorize racialism in isolation (...) from racism, as value judgments may play a role in essentialist thinking about the ‘other’. (shrink)

Courts and commentators do not differentiate between defendants who perpetrate crimes by means of inanimate weapons or trained animals and those who perpetrate crimes by means of other human beings used as innocent agents. I argue that this widely accepted comparability is grossly insensitive to the violation of the human dignity of the person whom the perpetrator has turned into an instrument to an offence. Identifying the innocent agent as a possible second victim of the offence alongside the intended victim (...) raises several issues of both morality and law. First, the question of moral pertinence: do the scenarios that the law recognises as cases of innocent agency involve a violation of the dignity of the innocent agent? Second, the question of criminalisation: is it appropriate to invoke criminal law to protect the dignity of the innocent agent? Third, the question of the protected interest: assuming that both the dignity of the innocent agent and their autonomy are compromised, which of these violations is graver? I argue that there is a strong connection between the doctrine of innocent agency and the violation of the dignity of the innocent agent; that the violation of the innocent agent’s dignity is severe enough to warrant criminalisation and that this is simple enough to enforce; and that the injury to the innocent agent’s dignity is more significant than the injury to their autonomy. The operative proposal of this article is that the law should recognise perpetration by means of innocent agents as an aggravated mode of commission or an aggravating factor in punishment. (shrink)

A. W. F. Edwards famously named “Lewontin’s fallacy” after Richard Lewontin, the geneticist who showed that most human genetic diversity can be found within any given racialized group. “Lewontin’s fallacy” is the assumption that uncorrelated genetic data would be sufficient to classify genotypes into conventional “racial” groups. In this chapter, I argue that Lewontin does not commit the fallacy named after him, and that it is not a genuine fallacy. Furthermore, I argue that when Edwards assumes that stable classification is (...) all it takes to vindicate racial naturalism, he commits a fallacy of his own: Edwards’ fallacy. The ability to create a classificatory system, and then reliably sort things within that system, is not enough to make that system scientifically respectable. I show that Edwards’ fallacy is rife in debates about the existence of human biological races. (shrink)

In today's age of restrictionism, a growing number of countries are closing their gates of admission to most categories of would-be immigrants with one important exception. Governments increasingly seek to lure and attract “high value” migrants, especially those with access to large sums of capital. These individuals are offered golden visa programs that lead to fast-tracked naturalization in exchange for a hefty investment, in some cases without inhabiting or even setting foot in the passport-issuing country to which they now officially (...) belong. In the U.S. context, the contrast between the “Dreamers” and “Parachuters” helps to draw out this distinction between civic ties and credit lines as competing bases for membership acquisition. Drawing attention to these seldom-discussed citizenship-for-sale practices, this essay highlights their global surge and critically evaluates the legal, normative, and distributional quandaries they raise. I further argue that purchased membership goods cannot replicate or substitute the meaningful links to a political community that make citizenship valuable and worth upholding in the first place. (shrink)

Despite the fundamentally binary character of justification , an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the conduct-guiding (...) function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

Common law treats cases of misfire in which the actor has a valid defence in relation to either the intended victim or the victim actually harmed as particular instances of ‘transferred malice’. It is said that just as the actor’s intention is fictitiously ‘transferred’ from the intended victim to the victim harmed so are defences, meaning that any—and only—defences that would have been available to the actor had he harmed the intended victim will be granted to him with regard to (...) the harm caused to the actual victim. I argue that the blanket solution of transferring defences ‘as is’, without accounting for their differing rationales and their specific implications for cases of misfire, produces bad reasoning and oversimplified decisions—and should therefore be substituted by a separate examination of the actor’s liability with respect to each victim and each type of defence. However, I reject the more robust argument that commentators have made, that a conclusion against transferring defences entails a conclusion against transferred malice in general. I argue that the underlying logic of transferred malice—i.e., treating victims of equivalent wrongs alike—stays intact even if we excise from it the treatment of cross-victim defences. (shrink)

In the recently published collection, Criminal Law and the Authority of the State, two contributions allude to an analogy with parental authority as a means to a better understanding of the institution of criminal punishment, but reach different conclusions. Malcolm Thorburn uses the parental authority analogy to justify the institution of state punishment as an assertion of robust authority over offenders. Antje du Bois-Pedain uses the same analogy to advocate the idea of punishment as an inclusionary practice, designed to reintegrate (...) offenders into society. I argue that Thorburn’s theory of robust authority is inconsistent if not self-contradictory when it tries to assume a liberal posture, and that du Bois-Pedain’s reintegrative model provides a better account of the justification and objectives of state punishment. (shrink)

Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging initiative from below. They are found in criminal organizations such as the (...) American Mafia, the Japanese Yakuza, and even outlaw motorcycle gangs. The paper offers a doctrine that may transcend this shortcoming. Referred to as “leaders’ liability,” this doctrine will be assessed and appraised through a comparison with competing theories such as accomplice liability, Organisationsherrschaft , and conspiracy. (shrink)

The article explores two recurring themes in the scholarly writings on ‘transferred malice’ the doctrine designed by Anglo-American law to allow full criminal responsibility where the defendant caused harm to a different object than the one he had in mind, due to either accident or mistake. First, in face of the diversity of views advocating the eradication of transferred malice, the article searches for the provinces in which that doctrine should still have relevance to our legal system. It is often (...) assumed that malice cannot transfer amongst different offences, which has led many scholars to conclude that the doctrine is superfluous. The analysis here offered counters both assumption and conclusion alike, as well as the common view that differentiates between the implications of accident and mistake. Second, reflecting on the different criteria proposed to restrict the implementation of transferred malice such as physical and immediate harm to the actual object, remoteness of the actual harm from the harm intended, and foreseeability as to the actual harm the article provides an analytical framework by which to assess these criteria and to determine which of them proves more persuasive. The result is a notion of transferred malice that strikes a favourable balance with the requirement of mens rea. (shrink)

Despite the fundamentally binary character of justification, an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of “partial justification” in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the (...) conduct-guiding function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

Race theorists have been unable to reach a consensus regarding the basic historical question, “is ‘race’ modern?” I argue that this is partly because the question itself is ambiguous. There is not really one question that race scholars are answering, but at least six. First, is the concept of race modern? Second, is there a modern concept of race that is distinct from earlier race concepts? Third, are “races” themselves modern? Fourth, are racialized groups modern? Fifth, are the means and (...) methods associated with racialization modern? And sixth, are the meanings attached to racialized traits modern? Because these questions have different answers, the debate about the historical origins of “race” cannot be resolved unless they are distinguished. I will explain the ways in which “race” is and is not modern by answering these questions, thereby offering a resolution to a seemingly intractable problem. (shrink)

Interest in universal basic income has risen recently as an alternative to existing exchequer-sourced social security methods, such as conditional cash transfers. This article presents a survey of multiple experiments investigating the impact of basic income cash transfers on recipients while presenting a meta-analysis of the results across nine categories. Many findings indicate successful outcomes across financial security, health, and educational dimensions. Children were amongst the strongest beneficiaries of the trials and observed a 4.5 % reduction in obesity, a 19.5 (...) % increase in their normal weight-for-age, a 30 % increase in female secondary school attendance, and an increase in the educational attainment of one year in response to the cash transfers. (shrink)