In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order issues and problems that (...) the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics and global studies. (shrink)

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and (...) to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and (...) to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

This paper explores the law relating to strikes and other industrial action in the UK and the problems faced by nurse practitioners. It also reviews the advice given to nurses by the professional associations. If any employee takes part in industrial action, he or she could personally face four arenas of accountability for this action: disciplinary proceedings before the employer; criminal proceedings; civil proceedings for negligence; and professional conduct proceedings.

Peter Forrest argues that theism is warranted by an inference to the best explanation that does not posit God as a supernatural entity. Lest theists fear that Forrest settles for an ersatz naturalistic conception of God, let me reassure them that his view might be captured by the slogan, "Neither a naturalist nor a supernaturalist be!" Both naturalism and supernaturalism attempt to understand what Forrest calls the "familiar"—the things observable by humans, including the phenomena of consciousness—but they differ about the (...) constraints on acceptable explanations. Naturalism accepts, while supernaturalism rejects, the following constraints: don't posit an "unfamiliar" entity unless a well-confirmed scientific theory provides a "precedent" for it, and don't violate any well-confirmed laws of nature. Forrest's antisupernaturalism accepts, but weakens to : don't posit an unfamiliar kind of entity unless there is some precedent for it, either in the familiar entities we already believe in, or in a well-confirmed scientific theory. Thus, every naturalistic explanation is antisupernaturalist, but some antisupernaturalist ones are not naturalistic because they posit unfamiliar entities on the basis of a commonsense nonscientific theory. (shrink)

Unit I. Fundamental characteristics of the common law. The source of law -- The jury -- The adversary system of trial -- Retroactivity: a return to stare decisis -- Unit II. The courts and their jurisdiction. Court systems in the United States -- Court system in England -- Unit III. Constitutional law. Judicial review -- Equal protection -- Freedom of speech -- Appendix I. Constitution of the United States -- Appendix II. Table of Supreme Court cases -- Appendix III. Common (...) case citations. (shrink)

Unit I. Fundamental characteristics of the common law. The source of law -- The jury -- The adversary system of trial -- Retroactivity: a return to stare decisis -- Unit II. The courts and their jurisdiction. Court systems in the United States -- Court system in England -- Unit III. Constitutional law. Judicial review -- Equal protection -- Freedom of speech -- Appendix I. Constitution of the United States -- Appendix II. Table of Supreme Court cases -- Appendix III. Common (...) case citations. (shrink)

This paper explores the law relating to strikes and other industrial action in the UK and the problems faced by nurse practitioners. It also reviews the advice given to nurses by the professional associations. If any employee takes part in industrial action, he or she could personally face four arenas of accountability for this action: disciplinary proceedings before the employer; criminal proceedings; civil proceedings for negligence; and professional conduct proceedings.

In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate (...) crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice. (shrink)

Daniel Dennett is arguably one of the most influential yet radical philosophers in America today. In this volume, Dennett is confronted by colleagues and critics, from philosophy, biology and psychology. His reply constitutes an extensive essay which clarifies, and develops further, central themes in his philosophy. The debate ranges over Dennett's whole corpus, but special attention is given to his major work on consciousness, Consciousness Explained. The volume includes a critical assessement of Dennett's views on behaviouralism and the subjectivity of (...) consciousness, the nature of perception and mental representation, intentional laws and computational psychology, the rationality of thought, culture as a virus, the architecture of mind, and the role of artifacts in thinking. Also included is an introduction to Dennett's philosophy and a full bibliography of his publications. (shrink)

Early in the 1980s, a new category of crime appeared in the criminal law lexicon. In response to what was said to be an epidemic of prejudice-motivated violence, Congress and many state legislatures passed a wave of 'hate crime' laws that required the collection of statistics and enhanced the punishment of crimes motivated by certain prejudices. This book places in socio-legal perspective both the hate crime problem and society's response to it. From the outset, Jacobs and Potter adopt a skeptical (...) if not critical stance. They argue that hate crime is a hopelessly muddled concept and that legal definitions of the term are riddled with ambiguity and subjectivity. Moreover, no matter how hate crime is defined, the authors find no evidence to support the claim that the US is experiencing a hate crime epidemic—nor that the number or rate of hate crimes is at an historic zenith. (shrink)

Our goal in this paper is two-fold. First, we aim to clarify two ways in which contemporary Christian bioethicists have erred, on Engelhardt’s account, in their attempts to do bioethics within a distinctively non-Christian idiom, namely, either (1) by rejecting a principal metaethical thesis or (2) by misrepresenting a principal moral-epistemological thesis of natural-law ethics, properly construed. Second, we intend to show not only that Engelhardt can and should endorse the Christian bioethicists’ use of non-Christian moral idioms in the public (...) square but also—perhaps to the surprise both of his critics and of his supporters—that he does, in fact, do so. (shrink)

Human behavior is the joint product of (i) contingencies of survival responsible for natural selection, and (ii) contingencies of reinforcement responsible for the repertoires of individuals, including (iii) the special contingencies maintained by an evolved social environment. Selection by consequences is a causal mode found only in living things, or in machines made by living things. It was first recognized in natural selection: Reproduction, a first consequence, led to the evolution of cells, organs, and organisms reproducing themselves under increasingly diverse (...) conditions. The behavior functioned well, however, only under conditions similar to those under which it was selected.Reproduction under a wider range of consequences became possible with the evolution of processes through which organisms acquired behavior appropriate to novel environments. One of these, operant conditioning, is a second kind of selection by consequences: New responses could be strengthened by events which followed them. When the selecting consequences are the same, operant conditioning and natural selection work together redundantly. But because a species which quickly acquires behavior appropriate to an environment has less need for an innate repertoire, operant conditioning could replace as well as supplement the natural selection of behavior.Social behavior is within easy range of natural selection, because other members are one of the most stable features of the environment of a species. The human species presumably became more social when its vocal musculature came under operant control. Verbal behavior greatly increased the importance of a third kind of selection by consequences, the evolution of social environments or cultures. The effect on the group, and not the reinforcing consequences for individual members, is responsible for the evolution of culture. (shrink)

Modern science developed in the interflow of culture between west and east. Combing of pratice technology with philosophic thoughts formed experimental method. Holistic views contacting atomism produced system theory. System thoughts are applicated in the science and engineering of biosystems, and the cencepts of system biomedicine (Kamada T.1992), systems biology (Zieglgansberger W, Tolle TR.1993), system bioengineering and system genetics (Zeng BJ. 1994) were established. From positive to synthetic thoughts, philosophy have been developed ontology, cosmology, organism theories. Structurity is structure logic (...) system founded on entity, develop, exist axioms, tolerance, adaptation, fluctuate, interweave, transform theorems and integrate, adaptation, construct laws. Structurity be discussed on the cosmos, life, culture system, creation, hologram theories of structure ontology, construct mutation, simi-structure organism and entity emergence, symbol implication. From the relation of structure, function and development, the structurity put forward the cycle, spiral, triangle structure stability patterns of self-organization in structure complement each other and stratification, functional couple and interflow bounds growth, coordinativetransformation and holographic symmetry. (shrink)

Behavior that solves a problem is distinguished by the fact that it changes another part of the solver's behavior and is strengthened when it does so. Problem solving typically involves the construction of discriminative stimuli. Verbal responses produce especially useful stimuli, because they affect other people. As a culture formulates maxims, laws, grammar, and science, its members behave more effectively without direct or prolonged contact with the contingencies thus formulated. The culture solves problems for its members, and does so by (...) transmitting the verbal discriminative stimuli called rules. Induction, deduction, and the construction of models are ways of producing rules. Behavior that solves a problem may result from direct shaping by contingencies or from rules constructed either by the problem solver or by others. Because different controlling variables are involved, contingency-shaped behavior is never exactly like rule-governed behavior. The distinction must take account of a system which establishes certain contingencies of reinforcement, such as some part of the natural environment, a piece of equipment, or a verbal community; the behavior shaped and maintained by these contingencies; rules, derived from the contingencies, which specify discriminative stimuli, responses, and consequences, and the behavior occasioned by the rules. (shrink)

To describe the content of practice guidelines on euthanasia and assisted suicide (EAS) and to compare differences between settings and guidelines developed before or after enactment of the euthanasia law in 2002 by means of a content analysis. Most guidelines stated that the attending physician is responsible for the decision to grant or refuse an EAS request. Due care criteria were described in the majority of guidelines, but aspects relevant for assessing these criteria were not always described. Half of the (...) guidelines described the role of the nurse in the performance of euthanasia. Compared with hospital guidelines, nursing home guidelines were more often stricter than the law in excluding patients with dementia (30% vs 4%) and incompetent patients (25% vs 4%). As from 2002, the guidelines were less strict in categorically excluding patients groups (32% vs 64%) and in particular incompetent patients (10% vs 29%). Healthcare institutions should accurately state the boundaries of the law, also when they prefer to set stricter boundaries for their own institution. Only then can guidelines provide adequate support for physicians and nurses in the difficult EAS decision-making process. (shrink)

Abstract. There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand, are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand, are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This (...) article considers one facet of this debate: evaluating the relevance of the fact that the remedies available for breach of contract can vary significantly from one jurisdiction to another. This wide variation in remedies for breach of a (contractual) promise is one central difference between promises in morality and enforceable agreements in law. The article asserts that variation of remedies strongly supports the conclusion that there is (and can be) no general, universal theory of Contract Law. (shrink)

This book shows that Hauriou's positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou's influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.

In the wake of the advent of genome editing technology CRISPR-Cas9 (clustered regularly interspaced palindromic repeat (CRISPR)-associated protein 9), there has been a global debate around the implications of manipulating the human genome. While CRISPR-based germline gene editing is new, the debate about the ethics of gene editing is not – for several decades now, scholars have debated the ethics of making heritable changes to the human genome. The arguments that have been raised both for and against the use of (...) genetic technologies in human reproduction reiterate much of the arguments made in the pre-CRISPR debate. As such, it is instructive for South Africa to reflect on these arguments now, in considering our position on the regulation of the use of this novel biotechnology. There are two dominant schools of thought in this area, bioliberalism and bioconservatism. Bioconservatives raise concerns about the risks of genetic manipulation, and argue that it ought to be limited or prohibited to avert these risks to human health and human nature. Bioliberal scholars are more open to the prospect of genetic manipulation, because of its potential utility. In this article, I conclude that in liberal democracies such as our own, bioliberal arguments ought to be seriously considered when formulating policy on human genome editing because of the extent to which they resonate with our Constitutional values and human rights. I further suggest that there is a need for an enquiry into the relevance of African perspectives on the ethical questions that arise concerning germline genome editing. (shrink)

The modern use of algebra to describe geometric ideas is discussed with particular reference to the constructions of Grassmann and Hamilton and the subsequent algebras due to Clifford. An Einstein addition law for nonparallel boosts is shown to follow naturally from the use of the representation-independent form of the geometric algebra of space-time.

Law (Philosophical concept); methodology.

A new information matrix [F] with elements F mn = 〈 (y m - a m )(y n - a n) (∂ ln p(y | a)/∂a m ) (∂ ln p(y | a)/∂a n ) 〉 is analyzed. The PDF p(y | a) is the usual likelihood law. [F] differs from the Fisher information matrix by the presence of the first two factors in the given expectation. These factors make F mn unitless, in contrast with the Fisher information. This lack (...) of units allows F mn values from entirely different phenomena to be compared as, for example, Shannon information values can be compared. Each element F mn defines an error inequality analogous to the Cramer-Rao inequality. In the scalar case F mn ≡ F, for a normal p(y|a) law F = 3, while for an exponential law F = 9. A variational principle F = min (called FMIN) allows an unknown PDF p(x) to be estimated in the presence of weak information. Under certain conditions F obeys a “Boltzmann F-theorem” ∂F/∂t ⩽ 0, indicating that F is a physical entropy. Finally, the trace ℱ of [F] may be used as the scalar information quantity in an information-based principle for deriving distribution laws p of physics. (shrink)

We show that the minimum Fisher information (MFI) approach to estimating the probability law p(x) on particle position x, over the class of all two-component laws p(x), yields the complex Schrödinger wave equation. Complexity, in particular, traces from an “efficiency scenario” (demanded by MFI) where the two components of p(x) are so separated that their informations add.

It is common to account for our senses on the basis of our sensory organs. One way of glossing why Aristotle famously counted five senses—and why his count became common sense in the West and elsewhere—is because there are five rather obvious organs of sense. In more modern accounts, this organ criterion of the senses has transformed into a neurobiological criterion; that is to say, part of what it means to be a sense is to have an associated organ with (...) appropriate physiological properties. For example, part of the claim that humans have a sense of vision is that we have a non-vestigial organ (the eye) that has cells (photoreceptors) especially sensitive to the properties of electromagnetic radiation. However, the nature of this “organ criterion” is a point of some contention. Is it a sufficient criterion? Necessary? To be called “vision” need the organ mediating it give rise to “visual experiences”? This chapter will consider the neurobiological criterion as it was originally presented in Aristotle and later reconceptualized in 19th-century neurophysiologist Johannes Müller’s “Law of Specific Nerve Energies.” By understanding the role of neurobiology in these accounts, we will be able to explore the deficiencies of contemporary accounts that downplay neurobiology in differentiating the senses. We will consider one of these accounts in detail: Alva Noë’s recent arguments in favor of an enactive approach to perceptual psychology. (shrink)

This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big (...) picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter. (shrink)

ABSTRACTThe concept of poverty is understood differently by people across the globe. Despite this conceptual limitation, higher economic growth in the last few decades in many countries has helped reduce extreme global poverty. The growth process has been supported by globalization. The number of global poor is, however, still quite large and more than the entire population of USA, UK, France and Russia. Their numbers have gone up by 100 million in Sub Sahara region in last three decades. While removal (...) of extreme poverty is clearly vital, it cannot be considered sufficient for a dignified life. The crux of human dignity is development and it must provide every individual access to education, healthcare, nutrition, habitat, and exercising of democratic rights in accordance with the rule of law. While helping reduce poverty, globalization has also led to some morally unsustainable consequences. There is huge and rapidly increasing inequality of wealth and income in most nations. There are now new opportunities for corruption which are being exploited by multinationals. These corrupt practices are resulting in illicit flow of about one trillion Dollars every year. For a more ethical society, effective measures are needed for controlling corruption for improving quality of life. (shrink)

Ever since Newton created dynamics, there has been controversy about its foundations. Are space and time absolute? Do they form a rigid but invisible framework and container of the universe? Or are space, time, and motion relative? If so, does Newton's 'framework' arise through the influence of the universe at large, as Ernst Mach suggested? Einstein's aim when creating his general theory of relativity was to demonstrate this and thereby implement 'Mach's Principle'. However, it is widely believed that he achieved (...) only partial success. This question of whether motion is absolute or relative has been a central issues in philosophy; the nature of time has perennial interest. Current attempts to create a quantum description of the whole universe keep these issues at the cutting edge of modern research. Written by the world's leading expert on Mach's Principle, The Discovery of Dynamics is a highly original account of the development of notions about space, time, and motion. Widely praised in its hardback version, it is one of the fullest and most readable accounts of the astronomical studies that culminated in Kepler's laws of planetary motion and of the creation of dynamics by Galileo, Descartes, Huygens, and Newton. Originally published as Absolute or Relative Motion?, Vol. 1: The Discovery of Dynamics, The Discovery of Dynamics provides the technical background to Barbour's recently published The End of Time, in which he argues that time disappears from the description of the quantum universe. (shrink)

Ever since Newton created dynamics, there has been controversy about its foundations. Are space and time absolute? Do they form a rigid but invisible framework and container of the universe? Or are space, time, and motion relative? If so, does Newton's 'framework' arise through the influence of the universe at large, as Ernst Mach suggested? Einstein's aim when creating his general theory of relativity was to demonstrate this and thereby implement 'Mach's Principle'. However, it is widely believed that he achieved (...) only partial success. This question of whether motion is absolute or relative has been a central issues in philosophy; the nature of time has perennial interest. Current attempts to create a quantum description of the whole universe keep these issues at the cutting edge of modern research. Written by the world's leading expert on Mach's Principle, The Discovery of Dynamics is a highly original account of the development of notions about space, time, and motion. Widely praised in its hardback version, it is one of the fullest and most readable accounts of the astronomical studies that culminated in Kepler's laws of planetary motion and of the creation of dynamics by Galileo, Descartes, Huygens, and Newton. Originally published as Absolute or Relative Motion?, Vol. 1: The Discovery of Dynamics, The Discovery of Dynamics provides the technical background to Barbour's recently published The End of Time, in which he argues that time disappears from the description of the quantum universe. (shrink)

In this text, a variety of modal logics at the sentential, first-order, and second-order levels are developed with clarity, precision and philosophical insight. All of the S1-S5 modal logics of Lewis and Langford, among others, are constructed. A matrix, or many-valued semantics, for sentential modal logic is formalized, and an important result that no finite matrix can characterize any of the standard modal logics is proven. Exercises, some of which show independence results, help to develop logical skills. A separate sentential (...) modal logic of logical necessity in logical atomism is also constructed and shown to be complete and decidable. On the first-order level of the logic of logical necessity, the modal thesis of anti-essentialism is valid and every de re sentence is provably equivalent to a de dicto sentence. An elegant extension of the standard sentential modal logics into several first-order modal logics is developed. Both a first-order modal logic for possibilism containing actualism as a proper part as well as a separate modal logic for actualism alone are constructed for a variety of modal systems. Exercises on this level show the connections between modal laws and quantifier logic regarding generalization into, or out of, modal contexts and the conditions required for the necessity of identity and non-identity. Two types of second-order modal logics, one possibilist and the other actualist, are developed based on a distinction between existence-entailing concepts and concepts in general. The result is a deeper second-order analysis of possibilism and actualism as ontological frameworks. Exercises regarding second-order predicate quantifiers clarify the distinction between existence-entailing concepts and concepts in general. Modal Logic is ideally suited as a core text for graduate and undergraduate courses in modal logic, and as supplementary reading in courses on mathematical logic, formal ontology, and artificial intelligence. (shrink)

"The Laws", Plato's most lengthy dialogue, has longbeen regarded as the most comprehensive explanation of the possible consequences of a practical application of his philosophy.We might expect the first question Plato ponders to be "What is Law?" Instead, the question posed is "Who is given the credit for laying down your laws?"We are privy to an interaction between a powerfulstatesman and an Athenian philosopher on theisland of Crete. We watch as a plan for a new political order is worked out (...) that embodiesmany of the issues that we still struggle withtoday, such as the status of women, the statusof homosexuals, the family, criminal law, andthe role of religion in a healthy society.We at Timeless Classic Books hope that you enjoy this ancient thought-provoking story that may change the way you think about modern day issues.(Timeless Classic Books). (shrink)

'Why did the window break when it was hit by the stone? Because the window is brittle and the stone is hard; hardness and brittleness are powers, dispositional properties or dispositions.' Dispositions are essential to our understanding of the world. This book is a record of the debate on the nature of dispositions between three distinguished philosophers - D. M. Armstrong, C. B. Martin and U. T. Place - who have been thinking about dispositions all their working lives. Their distinctive (...) accounts cover many of the issues surrounding dispositions such as the nature of mind, matter, universals, existence, laws of nature and causation. Dispositions illuminates this central topic in analytic philosophy and at the same time highlights deeper concerns of metaphysics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Clarifying the Relationship Between Vice and Mental Disorder: Vice as Manifestation of a Psychological DysfunctionMichael B. First (bio)KeywordsDSM-IV, psychiatric diagnosis, impulse control disorders, sexually violent predator commitmentIndividuals generally present for psychiatric evaluation for one of two reasons: either because they themselves are suffering from a psychiatric symptom that causes distress (e.g., severe panic) or impairs their ability to function effectively (e.g., memory loss), or else they are brought to (...) clinical attention because their behavior or attitudes are considered by others to be problematic. There are a wide range of behaviors that fall into this second category. In some cases, the individual is pressured to seek treatment because of the negative impact that a behavior has on a relationship partner (e.g., sexual dysfunction, anger outbursts) or an employer (e.g., excessive alcohol use). Often, however, the external trigger for a clinical evaluation falls under Sadler’s definition of vice, that is, criminal (illegal) behaviors or attitudes that could be considered “wrongful” or “immoral” in the social arena because the behavior violates the law or an important social more.Given that one of the most important goals of the Diagnostic and Statistical Manual of Mental Disorders (DSM) is to facilitate clinical practice (First et al. 2004) and in doing so provide a diagnostic code to cover any patient that might present himself or herself to a mental health professional, the DSM has evolved over its various editions to become a veritable laundry list of psychological and behavioral ills, some of which may constitute a violation of the rights of others or society. The DSM-III (and its successors) have adopted a descriptive approach wherein disorders are defined in terms of their presenting surface symptomatology, which was necessitated by the field’s lack of knowledge about the underlying etiology of mental disorders. Given this reliance on presenting symptoms, it is therefore inevitable that some disorders are defined in terms of behaviors that can be considered vices. For example, impaired impulse [End Page 35] control often leads to acting out behavior that, at its mildest is inappropriate, and at its most severe is destructive to self and others. Many of the disorders cited by Sadler as being vice-laden fall into this category, namely, pyromania (failure to resist impulses to set fires), kleptomania (failure to resist impulses to steal), intermittent explosive disorder (failure to resist aggressive impulses), certain forms of substance abuse (i.e., those involving possession and use of illegal substances) and paraphilias (i.e., those involving nonconsenting victims).It is important to clarify from the outset that the criteria for determining whether a behavior is a “vice” (i.e., whether it is illegal or immoral) is not equivalent to the criteria for determining whether a behavior is indicative of a mental disorder. According to the DSM-IV-TR definition, a mental disorder is conceptualized as a “clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress (e.g., a painful symptom) or disability (i.e., impairment in one or more important areas of functioning) or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom” (American Psychiatric Association [APA] 2000, xxxi). The definition warns against considering “deviant behavior[s] (e.g., political, religious, or sexual)” and “conflicts that are primarily between the individual and society” to be evidence of mental disorder except in those cases in which the “deviance or conflict is a symptom of a dysfunction in the individual.” Thus, when considering whether a particular “vice” behavior is a component of a mental disorder, it is crucial to determine whether the behavior is a manifestation of an underlying psychological dysfunction, such as a dysfunction in impulse control. If so, it may potentially be appropriate for that individual to be treated as “medically ill” in addition to, or instead of, being treated simply as a criminal.Let us examine some illustrative examples of cases that demonstrate the relationship between vice and mental disorders and the different ways in which the legal and mental health systems might deal with such cases. Consider the case of an individual who breaks... (shrink)