scholarly journals Criminal Responsibility and Neuroscience: No Revolution Yet

2018 ◽  
Author(s):  
Ariane Bigenwald ◽  
Valerian Chambon

Since the 90’s, neurolaw is on the rise. At the heart of heated debates lies the recurrent theme of a neuro-revolution of criminal responsibility. However, caution should be observed: the alleged foundations of criminal responsibility (amongst which free will) are often inaccurate and the relative imperviousness of its real foundations to scientific facts often underestimated. Neuroscientific findings may impact on social institutions, but only insofar as they also engage in a political justification of the changes being called for, convince populations, and take into consideration the ensuing consequences. Moreover, the many limits of neuroscientific tools call for increased vigilance when, if ever, using neuroscientific evidence in a courtroom.

Transfers ◽  
2015 ◽  
Vol 5 (3) ◽  
pp. 87-103 ◽  
Author(s):  
Catharine Coleborne

This article examines the interpretive framework of “mobility” and how it might usefully be extended to the study of the Australasian colonial world of the nineteenth century, suggesting that social institutions reveal glimpses of (im)mobility. As the colonies became destinations for the many thousands of immigrants on the move, different forms of mobility were desired, including migration itself, or loathed, such as the itinerant lifestyles of vagrants. Specifically, the article examines mobility through brief accounts of the curtailed lives of the poor white immigrants of the period. The meanings of mobility were produced by immigrants' insanity, vagrancy, wandering, and their casual movement between, and reliance on, welfare and medical institutions. The regulation of these forms of mobility tells us more about the contemporary paradox of the co-constitution of mobility and stasis, as well as providing a more fluid understanding of mobility as a set of transfers between places and people.


2003 ◽  
Vol 63 (1) ◽  
pp. 310-311 ◽  
Author(s):  
William M. Tsutsui

This volume explores phenomena frequently noted (yet seldom analyzed) in the scholarly literature: the profound similarities in the industrialization processes and the contemporary political economies of Germany and Japan. These parallels—not just in the early stages of industrialization, but through the experiences of depression and war, and on to the rise of postwar “miracle” economies in both nations—are often casually ascribed to the late-developer effect, to the strategic imitation of German economic institutions in Japan, or to cultural factors, from lingering “feudal remnants” to enduring “traditional” social structures. Tagging the economic regimes which had evolved in Germany and Japan by the 1970s “nonliberal” capitalist systems, the essays in this collection seek to investigate systematically “the many similarities between the two capitalisms, the no less intriguing differences between them, and the differences between the two and Anglo-American ‘standard capitalism’” (p. xiii). More specifically, this volume examines “the origins of some of the social institutions that have constrained the spread of free markets within the capitalist economies of Germany and Japan while providing them with alternate mechanisms of economic governance” (p. 5). Throughout, the contributors argue for a more subtle, historically grounded, and systematic understanding of the distinctive practices and institutions of the German and Japanese “nationally embedded capitalisms.”


Utilitas ◽  
2007 ◽  
Vol 19 (1) ◽  
pp. 78-90 ◽  
Author(s):  
T. H. IRWIN

One of the many illuminating aspects of Bart Schultz's book is the recurrent theme of Sidgwick's Socratic inspiration. Some of Sidgwick's contemporaries at Cambridge were among those who gave new life to the study of Socrates and Plato in England. The Cambridge Apostles were self-consciously devoted both to Socratic ideals of friendship and to the Socratic aim of impartial free inquiry on fundamental questions.


Author(s):  
Christopher Thompson

The distinction between ideal and nonideal theory is an important methodological concern in contemporary political theory. At issue is the extent to which political theorizing is a practical endeavor and, consequently, the extent to which real-world facts should either be factored into political theorizing or else be assumed away. The distinction between ideal theory and nonideal theory was first introduced by John Rawls in his classic A Theory of Justice. Rawls’s ideal theory is an account of the society we should aim for, given certain facts about human nature and possible social institutions, and involves two central assumptions. First, it assumes full compliance of relevant agents with the demands of justice. Second, it assumes that historical and natural conditions of society are reasonably favorable. These two assumptions are individually necessary and jointly sufficient for his ideal theory. For Rawls, nonideal theory primarily addresses the question of how the ideal might be achieved in practical, permissible steps, from the actual, partially just society we occupy. The account of ideal and nonideal theory advanced by Rawls has been subject to criticism from different directions. Amartya Sen accepts Rawls’s distinction between ideal and nonideal theory but argues that Rawlsian-style nonideal theory is too ideal. Given the many and severe injustices we face we do not need to know what ideal (or “transcendental”) justice looks like; our focus should not be on how to transition toward this ideal. Instead, the advancement of justice requires a comparative judgment which ranks possible policies in terms of being more or less just than the status quo. G. A. Cohen, by contrast, argues that Rawlsian-style ideal theory is not really ideal theory as such, but instead principles for regulating society. Our beliefs about normative principles should, ultimately, be insensitive to matters of empirical fact; genuine ideal theory is a form of moral epistemology (an exercise of identifying normative truths).


2020 ◽  
Vol 17 (1) ◽  
pp. 11
Author(s):  
Teuku Amnar Saputra Muhammad Alfatih Suryadilaga

The Post Truth era has made truth relative from a personal point of view not based on scientific facts. Freedom of information access makes the quality not proportional to the existing quantity. This relative truth has implications for the development of hadith which has been consumed by Muslim World in general. From the historical point of view, the modification of the hadith is inseparable from the interests of three Islamic thought orientations, namely Syiah, Ahlusunnah Wal Jamaah and Khawarij. The purpose of this study is to map the history of the development of the hadith from the time of the Prophet Muhammad and how the truth of the traditions used by the community from the time of the Prophet Muhammad to the Post Truth era. The results of this study indicate that the distribution of hadith originated in the early days of Islam, but not in official writing. Then came the official codification period in the caliph Umar bin Abdul Aziz II century Hijri. In the next period the hadith is recorded in the form of books and in the global era the hadith has been in the form of a website to the implications that can be used through smartphones. But in terms of the truth of the hadith in the Post Truth Era is still influenced by the interests of related parties so that the truth must be reviewed. Seeing the many uses of hadith in accordance with the wishes of the stakeholders. The interests are in the form of political interests and the interests of content providers with commercial purposes in various forms such as applications, dissemination on social media.


2021 ◽  
Vol 12 (2) ◽  
pp. 116-123
Author(s):  
Bondet Wrahatnala

Abstract This paper positions itself as a study that portrays the Keroncong Wayang Gendut (Congwayndut) performance, as performance art that reflects structural functionalism. Because Congwayndut explicitly contained aspects of structural functionalism. In this paper, Congwayndut is positioned as an organism that has a structure and functions socially and culturally. Congwayndut is one of the many performing arts groups capable of interpreting traditional art in contemporary, meaning that it responds to the millennial generation with the construction of traditional performances, namely shadow puppet art. . Congwayndut has an important role in the development process or as a performance art model that accommodates other art disciplines, including music, wayang, theater, script, visuals, dramaturgy, which are combined as a typical Indonesian performance art prototype. Therefore, the structural-functional point of view emerged, as a step to explain to the public about the cultural phenomena experienced by Congwayndut. Structural functionalism was born as a reaction against the theory of evolution. If evolutionary studies aim to establish the stages of human cultural development, then structural-functionalism studies aim to build a social system, or social structure, through the study of the functioning patterns of relations between individuals, between groups. -groups, or between social institutions in a society, at a certain period of time. Keywords: Congwayndut, Cross-Border Performing Arts, Structural Functionalism  Abstrak Tulisan ini, memposisikan diri sebagai kajian yang memotret pertunjukan Keroncong Wayang Gendut (Congwayndut), sebagai seni pertunjukan yang merefelksikan fungsionalisme struktural. Karena di dalam Congwayndut secara eksplisit terkandung aspek fungsionalisme struktural. Congwayndut di dalam tulisan ini diposisikan sebagai organisme yang memiliki struktur, dan memiliki fungsi secara sosial budaya.Congwayndut adalah satu satu dari sekian banyak kelompok seni pertunjukan, yang mampu menafsir seni tradisi secara kekinian, artinya merespon generasi milenial dengan konstruksi pertunjukan tradisi yakni kesenian wayang kulit. Congwayndut memiliki peran penting dalam proses pengembangan atau sebagi model seni pertunjukan yang mengakomodir disiplin seni yang lain, ada musik, wayang, teater, naskah, rupa, dramaturgi, yang dijadikan satu sebagai purwarupa seni pertunjukan yang khas Indonesia. Oleh sebab itu lah sudut pandang struktural fungsional muncul, sebagai langkah untuk menjelaskan kepada publik, tentang gejala fenomena budaya yang dialami oleh Congwayndut. Fungsionalisme struktural lahir sebagai reaksi terhadap teori evolusi. Jika tujuan dari kajian-kajian evolusi adalah untuk membangun tingkat-tingkat perkembangan budaya manusia, maka tujuan dari kajian-kajian fungsionalisme struktural adalah untuk membangun suatu sistem sosial, atau struktur sosial, melalui pengajian terhadap pola hubungan yang berfungsi antara individu-individu, antara kelompok-kelompok, atau antara institusi-institusi sosial di dalam suatu masyarakat, pada suatu kurun masa tertentu. Kata Kunci : Congwayndut, Seni Pertunjukan Lintas Batas, Fungsionalisme Struktural


Author(s):  
Amy Stambach

Education in Africa refers to a number of social institutions and teaching practices, including government-run systems of schooling, religious instruction, and childhood socialization. Government-run systems of schooling follow a standardized timetable, curriculum, and examination system. European colonizers established schools to instruct and “civilize” Africans and, later, to educate a cadre of civil service personnel who would staff colonial offices. After independence, which occurred for most countries between 1956 and 1964, secondary school graduates and university-educated Africans often became government leaders of their countries. Religious instruction, as well as the many forms of child socialization and inculcation in Africa, pre-date government systems of schooling but increasingly have come to run parallel to them. Today, religious forms of schooling generally follow a timetable and include secular subjects. Literacy rates have improved, as has gender parity in primary schools, in that the number of girls and boys enrolled and able to read and write is roughly equal. Higher education is expanding rapidly in Africa, and student politics and student activism on campuses remain powerful forces, as they were in colonial times, for questioning political authority and foreign influences. As in all parts of the world, adults in Africa socialize children and youth into norms and practices, both through explicit instruction and through learning-by-doing everyday activities. The cultural forms these lessons take often derive from age-old rituals and stories that vary considerably across the continent. On the other hand, children and young people socialize themselves into new communities, often using social media to do so.


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