Criminal Justice Ethics最新文献_第4页

Sex, Lies, and Reasonableness: The Case for Subjectifying the Criminalisation of Deceptive Sex 性、谎言与合理性:性欺骗罪的主体化

Criminal Justice Ethics Pub Date : 2022-05-04 DOI: 10.1080/0731129X.2022.2107302

Amit Pundik, Shani Schnitzer, B. Blum

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引用次数: 1

Public Reason and the Justification of Punishment 公共理性与惩罚的正当性

Criminal Justice Ethics Pub Date : 2022-05-04 DOI: 10.1080/0731129X.2022.2102838

Zachary Hoskins

引用次数: 1

The Varieties of Attitudes Towards Offenders 对罪犯的不同态度

Criminal Justice Ethics Pub Date : 2022-05-04 DOI: 10.1080/0731129X.2022.2101591

Nicolas Nayfeld

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引用次数: 0

The Limits of Reallocative and Algorithmic Policing 再分配和算法监管的局限性

Criminal Justice Ethics Pub Date : 2022-01-02 DOI: 10.1080/0731129X.2022.2056351

L. Hunt

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引用次数: 1

Restraining Police Use of Lethal Force and the Moral Problem of Militarization 限制警察使用致命武力与军事化的道德问题

Criminal Justice Ethics Pub Date : 2022-01-02 DOI: 10.1080/0731129X.2022.2060014

S. Ford

引用次数: 2

Prosecutorial and Police Disclosure Ethics in Criminal Evidence Review in the UK and the US. A Comparative Account 英美刑事证据审查中的检察与警察披露伦理比较

Criminal Justice Ethics Pub Date : 2022-01-02 DOI: 10.1080/0731129X.2022.2056352

Maro Polykarpou

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引用次数: 0

Shrinking the Police Footprint 减少警察的足迹

Criminal Justice Ethics Pub Date : 2022-01-02 DOI: 10.1080/0731129X.2022.2062546

David Thacher

引用次数: 4

The Promise (and Peril) of Libertarian Solutions to Gun Violence 自由主义解决枪支暴力的承诺(和危险)

Criminal Justice Ethics Pub Date : 2022-01-02 DOI: 10.1080/0731129X.2022.2044582

J. Charles

引用次数: 0

Political Theory and Limiting the Right of Self-Defense 政治理论与自卫权的限制

Criminal Justice Ethics Pub Date : 2021-09-02 DOI: 10.1080/0731129X.2021.2005866

R. Leider

{"title":"Political Theory and Limiting the Right of Self-Defense","authors":"R. Leider","doi":"10.1080/0731129X.2021.2005866","DOIUrl":"https://doi.org/10.1080/0731129X.2021.2005866","url":null,"abstract":"Jonathan Quong’s The Morality of Defensive Force tackles difficult questions concerning the moral justification of self-defense. Some are big structural questions. How does the permissibility of defensive force relate to broader moral principles? Should we have a single, unified theory of defensive force or multiple theories? Others involve narrower issues, including developing a theory of the triggering conditions for self-defense and providing novel justifications for the necessity and proportionality limitations. When it comes to some big structural questions (e.g. the relationship between self-defense and broader moral theory), The Morality of Defensive Force represents a major step forward. But the book’s omission of political theory leaves me skeptical of some answers that Quong provides to the narrower issues. In The Morality of Defensive Force, Quong does not offer a single unified theory of self-defense; instead, he presents two theories that provide independent sufficient grounds to justify defensive violence within their respective spheres. The first theory applies to cases in which “an attacker is liable to defensive harm... , and thus, he is not wronged, and has no standing to complain, when some defensive harm is imposed on him” (18). The second theory, in contrast, involves self-defense cases in which neither party has done an action that makes the person liable to defensive violence. These are cases in which innocent victims face threats from otherwise justified attackers or nonresponsible threats (58). Let’s begin with the first theory. This theory involves core selfdefense cases, such as when a culpable Aggressor A unjustly threatens to kill a victim V. What makes A liable to defensive force by V? Much previous scholarship grounds V’s permission to use defensive force either on A’s culpability in creating the threat or on the fact that ∗Robert Leider is an Assistant Professor of Law at the Antonin Scalia Law School, George Mason University. Email: rleider@gmu.edu Criminal Justice Ethics, 2021 Vol. 40, No. 3, 274–283, https://doi.org/10.1080/0731129X.2021.2005866","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44666029","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

Breaking Laws, Just and Unjust 违法，公正与不公正

Criminal Justice Ethics Pub Date : 2021-09-02 DOI: 10.1080/0731129X.2021.1997159

Sarah W. Hirschfield

{"title":"Breaking Laws, Just and Unjust","authors":"Sarah W. Hirschfield","doi":"10.1080/0731129X.2021.1997159","DOIUrl":"https://doi.org/10.1080/0731129X.2021.1997159","url":null,"abstract":"Can a state punish citizens for breaking unjust laws? In his engaging defense of democratic political authority, Stephen P. Garvey answers affirmatively. Guilty Acts, Guilty Minds sets up a debate between philosophical anarchists, who think that a state can punish lawbreakers only if its laws are just, and statists, who think that a state can punish lawbreakers even if its laws are unjust. Garvey defends a version of statism that recognizes democratic political authority and defines the limits of this authority using the concepts of actus reus (guilty act) and mens rea (guilty mind). Guilty Acts, Guilty Minds provides an accessible overview of major issues in criminal and moral thought, exploring the terrain with nuance and care. The book uses real cases as starting points for discussions of issues such as insanity, duress, and incapacitation. Garvey writes for non-specialists, avoiding jargon and relegating his debates with other scholars to the footnotes, successfully pointing those looking for more detail and argumentation to the relevant scholarly literature. His larger aim—to draw the bounds of state authority using the concepts of actus reus and mens rea—is refreshingly novel and topical, especially at a time where many are wondering how state action can be legitimate when its laws are unjust. Garvey’s defense of democratic authority will spur discussions among his readers about what those limits ought to be —whether they agree with him or not. The book is divided into six chapters. Chapter 1 sketches the debate between the anarchists and statists. Chapters 2, 3, and 4 provide an overview of the actus reus and mens rea requirements for crimes committed knowingly and unknowingly. Chapter 5 covers the insanity defense. Chapter 6 returns to the debate between anarchists and statists. Chapter 1 defends a version of statism. Contra the philosophical anarchist, who “makes no distinction between justice and legitimacy,” the statist recognizes that the state can Sarah W. Hirschfield, Email: sarah.w. hirschfield@gmail.com Criminal Justice Ethics, 2021 Vol. 40, No. 3, 269–273, https://doi.org/10.1080/0731129X.2021.1997159","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49572851","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