Criminal Law and Philosophy最新文献_第2页

Courage, Consistency, and Other Conundra 勇气、一致性和其他难题

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Criminal Law and Philosophy Pub Date : 2024-01-24 DOI: 10.1007/s11572-023-09716-1

Gopal Sreenivasan

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Compatibilism and Control over the Past: A New Argument Against Compatibilism 兼容并包论与对过去的控制：反对兼容并包论的新论点

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Criminal Law and Philosophy Pub Date : 2024-01-22 DOI: 10.1007/s11572-023-09713-4

Philip Swenson

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Not in My Neighborhood: The Ethics of Excluding Ex-offenders from Housing 我家附近没有将前罪犯排除在住房之外的道德规范

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Criminal Law and Philosophy Pub Date : 2024-01-12 DOI: 10.1007/s11572-023-09712-5

Thomas Søbirk Petersen, Sebastian Jon Holmen

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Review of Christopher Nathan, The Ethics of Undercover Policing (Routledge, 2022) 克里斯托弗-内森：《便衣警察的伦理》（Routledge，2022 年）评论

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Criminal Law and Philosophy Pub Date : 2024-01-10 DOI: 10.1007/s11572-023-09715-2

Jonas Haeg

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How Omissions Aren’t Special 遗漏并不特别

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Criminal Law and Philosophy Pub Date : 2023-12-16 DOI: 10.1007/s11572-023-09711-6

Kate Greasley

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Why Command Responsibility May (not) Be a Solution to Address Responsibility Gaps in LAWS 为什么说指挥责任可能（不是）解决 LAWS 责任缺失问题的办法？

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Criminal Law and Philosophy Pub Date : 2023-12-11 DOI: 10.1007/s11572-023-09710-7

Ann-Katrien Oimann

{"title":"Why Command Responsibility May (not) Be a Solution to Address Responsibility Gaps in LAWS","authors":"Ann-Katrien Oimann","doi":"10.1007/s11572-023-09710-7","DOIUrl":"https://doi.org/10.1007/s11572-023-09710-7","url":null,"abstract":"The possible future use of lethal autonomous weapons systems (LAWS) and the challenges associated with assigning moral responsibility leads to several debates. Some authors argue that the highly autonomous capability of such systems may lead to a so-called responsibility gap in situations where LAWS cause serious violations of international humanitarian law. One proposed solution is the doctrine of command responsibility. Despite the doctrine’s original development to govern human interactions on the battlefield, it is worth considering whether the doctrine of command responsibility could provide a solution by applying the notion analogously to LAWS. A fundamental condition underpinning the doctrine’s application is the control requirement, stipulating that a superior must exert some degree of control over subordinates. The aim of this article is to provide an in-depth analysis of this control condition and assess whether it leads to the impossibility of applying the doctrine of command responsibility to LAWS. To this end, the first section briefly introduces the topic of LAWS and responsibility gaps. The subsequent section provides a concise overview of the doctrine itself and the conditions typically necessitated for its application. In the third section, a comprehensive scrutiny of the control requirement is undertaken through examination of key case law, examining how the concept has been interpreted. Finally, the fourth section delves into the evaluation of commanders’ potential to exert effective control over their (non-human) subordinates. Based on this, the feasibility of considering command responsibility as a viable solution is assessed, aiming to determine whether its application should be prima facie excluded or warrants further exploration.","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":"34 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138573753","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

Review of Michael Blake, Justice, Migration, and Mercy (New York, NY: Oxford University Press, 2020) 评论迈克尔-布莱克：《正义、移民与仁慈》（纽约州纽约市：牛津大学出版社，2020 年）

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Criminal Law and Philosophy Pub Date : 2023-12-11 DOI: 10.1007/s11572-023-09709-0

Win-chiat Lee

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Human Dignity and the Innocent Agent 人的尊严和无辜代理人

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Criminal Law and Philosophy Pub Date : 2023-12-01 DOI: 10.1007/s11572-023-09708-1

Shachar Eldar

{"title":"Human Dignity and the Innocent Agent","authors":"Shachar Eldar","doi":"10.1007/s11572-023-09708-1","DOIUrl":"https://doi.org/10.1007/s11572-023-09708-1","url":null,"abstract":"Courts and commentators do not differentiate between defendants who perpetrate crimes by means of inanimate weapons or trained animals and those who perpetrate crimes by means of other human beings used as innocent agents. I argue that this widely accepted comparability is grossly insensitive to the violation of the human dignity of the person whom the perpetrator has turned into an instrument to an offence. Identifying the innocent agent as a possible second victim of the offence alongside the intended victim raises several issues of both morality and law. First, the question of moral pertinence: do the scenarios that the law recognises as cases of innocent agency involve a violation of the dignity of the innocent agent? Second, the question of criminalisation: is it appropriate to invoke criminal law to protect the dignity of the innocent agent? Third, the question of the protected interest: assuming that both the dignity of the innocent agent and their autonomy are compromised, which of these violations is graver? I argue that there is a strong connection between the doctrine of innocent agency and the violation of the dignity of the innocent agent; that the violation of the innocent agent’s dignity is severe enough to warrant criminalisation and that this is simple enough to enforce; and that the injury to the innocent agent’s dignity is more significant than the injury to their autonomy. The operative proposal of this article is that the law should recognise perpetration by means of innocent agents as an aggravated mode of commission or an aggravating factor in punishment.","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":"9 4","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138512576","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}

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Review of Emanuela Ceva and Maria Paola Ferretti, Political Corruption: The Internal Enemy of Public Institutions (Oxford: Oxford University Press 2021) 《政治腐败:公共机构的内敌》(牛津:牛津大学出版社，2021年)

Criminal Law and Philosophy Pub Date : 2023-11-04 DOI: 10.1007/s11572-023-09706-3

M. E. Newhouse

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The Role of Desert in Tort Law 侵权行为法中的免责责任

Criminal Law and Philosophy Pub Date : 2023-10-31 DOI: 10.1007/s11572-023-09705-4

Amihai Wasserteill

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