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The rich evade conviction more often in criminal trials than the poor. They also win more often in civil cases against the poor. Given that money buys better lawyers and better lawyers are instrumental in winning in adversarial trials, the rich have a structural advantage in laissez-faire trial systems. Such inequality is concerning. In a landmark article, Alan Wertheimer argues that we should level down legal resources in civil cases on the basis that doing so increases the adversarial system’s accuracy—that is, its chance of reaching correct decisions. In a more recent article, along similar lines, Shai Agmon also advocates that, given some constraints of adequacy, legal resources should be leveled down in both civil and criminal cases. This article aims to show that such arguments fail because leveling down legal resources could decrease a trial system’s accuracy, making it worse by Wertheimer’s or Agmon’s own criteria.
In Scotland, for hundreds of years, juries have chosen between three criminal verdicts: “guilty,” “not guilty,” and “not proven.” The “not proven” verdict’s legal meaning remains mysterious. In this article, I aim to describe and solve the problem. Applying modern ideas about standards of proof to the intellectual history of “not proven” yields eight plausible meanings for the verdict. With the extent of the problem in mind, I offer a solution. In the three-verdict system, jurors should deliver a “guilty” verdict when they believe that the accused has committed the crime and a “not guilty” verdict when they believe that the accused has not committed the crime. The “not proven” verdict is for all other states of mind. Clarifying this question matters for determining whether the verdict’s existence is just. It also offers some evidence for how the criminal standard of proof works in other legal systems.
This essay responds to scholarly arguments that “religion” arose in the particular circumstances of the modern West, distinct chronologically and conceptually from medieval religio. It argues that in the Middle Ages, Christian persecution helped to form that very notion of religion. It does so via the register of heresy inquisitions conducted by Bishop Jacques Fournier in Pamiers (1318–1325), which contains a curious and overlooked Occitan phrase: entendensa del be (“understanding of the good”). In three provocative ways, entendensa del be helps us to reconsider the origins of “religion.” First, one possibility is that the phrase represents an organic proto-religion among the heretics known as Good Christians. A second possibility is, conversely, that scribes presented an insignificant phrase as a technical term, helping to identify the group as heretical. This would highlight coercive inquisitorial agency in reinterpreting language and behavior, anticipating early-modern and modern constructors of “religion.” Third, by its links to troubadour culture, the phrase reminds us how in Occitania, conquest and resistance intertwined with inquisition's policing of “religious” behavior in a way that resembles claims for modernity. Regardless of which possibility, and most importantly, we discover how medieval persecution helped to form modern religion.
Rock art of the Middle and Upper Orinoco River in South America is characterised by some of the largest and most enigmatic engravings in the world, including snakes exceeding 40m in length. Here, the authors map the geographic distribution of giant snake motifs and assess the visibility of this serpentine imagery within the Orinoco landscape and Indigenous myths. Occupying prominent outcrops that were visible from great distances, the authors argue that the rock art provided physical reference points for cosmogonic myths, acting as border agents that structured the environment and were central to Indigenous placemaking along the rivers of lowland South America.
The Covid-19 pandemic elevated global attention to the complex problem of allocating and disseminating newly approved vaccines. Following early calls for vaccine equity,1 global health leaders made progress but struggled to fully realize distribution goals.2 With respect to vaccination rates, low and middle income countries have not achieved full parity with high income countries.3 In this issue, Harmon, Kholina, and Graham follow longstanding critiques of market-based vaccine procurement to propose “legal and practical solutions for realizing a new access to vaccines environment”4 that will, they suggest, further the goal of global health justice.
This essay outlines an empirically grounded account of normative political legitimacy. The main idea is to give a normative edge to empirical measures of sociological legitimacy through a nonmoralized form of ideology critique. A power structure’s responsiveness to the values of those subjected to its authority can be measured empirically and may be explanatory or predictive insofar as it tracks belief in legitimacy, but by itself it lacks normative purchase. It merely describes a preference alignment, and so tells us nothing about whether the ruled have reason to support the rulers. I argue that we can close this gap by filtering the preferences of the ruled through a form of nonmoralized epistemic ideology critique, itself grounded in an empirical account of how belief in legitimacy is formed.
In the annual presidential address to the American Society of Church History (ASCH), Jonathan Ebel reflects on both the Depression-era meetings of the society and the efforts of agricultural economist Harry Drobish and his team of reformers in 1930s California. Ebel uses this framing of the ASCH meetings nine decades ago and Drobish's project to consider those who risk reform and he argues that a lesson the ASCH of today can take from the example of Drobish is that, even if things can go wrong, a tremendous amount of good can come from engaged action. Ebel asks the society's members to consider how hindsight can benefit them by encouraging them to not be silent or disengaged as individuals, and to think creatively about when and how their work resonates in and is relevant to the current social–political moment.