Criminal Justice Ethics最新文献_第10页

Not the Marrying Kind: A Review of Courting Death: The Supreme Court and Capital Punishment 《不结婚:追求死亡:最高法院与死刑》

Criminal Justice Ethics Pub Date : 2018-05-04 DOI: 10.1080/0731129X.2018.1510652

Sheri L. Johnson

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引用次数: 0

The Moral Justification for the Preventive Detention of Terrorists 预防性拘留恐怖分子的道德正当性

Criminal Justice Ethics Pub Date : 2018-05-04 DOI: 10.1080/0731129X.2018.1500129

Seumas Miller

引用次数: 0

Punishment and Bad Upbringing 惩罚与不良教养

Criminal Justice Ethics Pub Date : 2018-05-04 DOI: 10.1080/0731129X.2018.1498663

P. Chau

引用次数: 0

The Legitimacy of Judicial Responses to Moral Panic: Perceived vs. Normative Legitimacy 司法应对道德恐慌的合法性：感知合法性与规范合法性

Criminal Justice Ethics Pub Date : 2018-05-04 DOI: 10.1080/0731129X.2018.1500130

M. Gur‐Arye

{"title":"The Legitimacy of Judicial Responses to Moral Panic: Perceived vs. Normative Legitimacy","authors":"M. Gur‐Arye","doi":"10.1080/0731129X.2018.1500130","DOIUrl":"https://doi.org/10.1080/0731129X.2018.1500130","url":null,"abstract":"In some instances, the criminal justice system is affected by a moral panic; that is, by an exaggerated social reaction to an assumed threat to moral values. When influenced by moral panic, courts demonize defendants and aggravate punishments. Are such responses legitimate? This article argues that by contrast to legitimate condemnation of criminal conduct, demonizing defendants ought never be legitimate. The legitimacy of aggravating punishment requires distinguishing between the sociological concept of legitimacy (“perceived legitimacy”) and the moral concept (“normative legitimacy”). Aggravation of punishment in response to moral panic might be perceived as legitimate since it expresses public perceptions about the severity of the threat to a social value, even when these perceptions are exaggerated; however, punishments that are proportionate to such a perceived, exaggerated, threat to a social value are unjust and unfair, and therefore are normatively illegitimate. When the panic subsides, courts tend to return to lower levels of punishment. The subsidence of the panic enables one to realize that a gap between perceived and normative legitimacy has been created during the panic. Should and can the gap be bridged retroactively in order to gain full legitimacy? One way to bridge the gap is to grant clemency that will reduce the punishment of defendants whose sentences were exaggerated unduly during the panic. The article proposes a more radical mechanism that allows for sentence re-evaluation in cases of moral panic.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129X.2018.1500130","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47393744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

A Hard Look at the Presumption of Innocence 认真审视无罪推定

Criminal Justice Ethics Pub Date : 2018-05-04 DOI: 10.1080/0731129X.2018.1498662

G. Chin

引用次数: 0

Keeping the Moral Score 保持道德分数

Criminal Justice Ethics Pub Date : 2018-05-04 DOI: 10.1080/0731129X.2018.1499699

D. Heyd

{"title":"Keeping the Moral Score","authors":"D. Heyd","doi":"10.1080/0731129X.2018.1499699","DOIUrl":"https://doi.org/10.1080/0731129X.2018.1499699","url":null,"abstract":"Love and generosity are by their nature boundless, free from calculation. However, much of human interaction and particularly relations of justice are based on keeping score. Keeping score is by definition backward-looking. Like in sport, it is constituted by recording past events and retaining them in memory for some future use. Even forgiveness, as will be argued below, is characterized by some element of retention of past events since, as most analysts of the concept agree, forgiveness does not simply mean forgetting the offense. Justice, from Anaximander, through Plato, to the emblem of the blindfolded goddess holding a pair of scales, is a concept of balancing. Neither desert nor punishment, neither gratitude nor revenge, can be dispensed without keeping score. In her impressively rich book on anger and forgiveness, Martha Nussbaum provides a broad and deep critique of score-keeping in general and of moral and legal score-keeping in particular. Her starting point is the detailed examination of anger, that universal emotion which was studied by ethical theories of the past but which has been ignored by modern moral philosophy. The book then presents an argument for forgiveness as one way of overcoming the dangers of anger and specifically argues for unconditional forgiveness. But since forgiveness is only a second-best solution to the drawbacks of anger, Nussbaum proposes the attitudes of love and generosity as the normative ideal. Settling accounts is anathema to Nussbaum in both personal relations and in the impersonal realm of justice. It is harmful to both the individual’s psychological health ∗David Heyd is the Professor of Philosophy in the Department of Philosophy at the Hebrew University of Jerusalem, Jerusalem, Israel. Email: david.heyd@mail.huji.ac.il Criminal Justice Ethics, 2018 Vol. 37, No. 2, 189–200, https://doi.org/10.1080/0731129X.2018.1499699","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129X.2018.1499699","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44174221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Principle and Pragmatism in the Death Penalty Debate 死刑辩论中的原则与实用主义

Criminal Justice Ethics Pub Date : 2018-01-02 DOI: 10.1080/0731129X.2018.1449996

Mary Sigler

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引用次数: 0

Two Mistakes about the Concept of Punishment 刑罚概念的两个误区

Criminal Justice Ethics Pub Date : 2018-01-02 DOI: 10.1080/0731129X.2018.1441227

V. Geeraets

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引用次数: 6

Should the Religious Be Exempt? Questions of Justice, Character, and the Maintenance of Norms 宗教应该被豁免吗？正义、品格和规范维护问题

Criminal Justice Ethics Pub Date : 2018-01-02 DOI: 10.1080/0731129X.2018.1449998

Laura S. Underkuffler

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引用次数: 0

Free Will, Punishment, and the Burden of Proof 自由意志、惩罚与举证责任

Criminal Justice Ethics Pub Date : 2018-01-02 DOI: 10.1080/0731129X.2018.1449364

M. Corrado

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引用次数: 4