Criminal Law and Philosophy最新文献_第8页

Matthew C. Altman: A Theory of Legal Punishment: Deterrence, Retribution and the Aims of the State, Routledge, London, 2021 马修·c·奥特曼:《法律惩罚理论:威慑、报复和国家目标》，劳特利奇出版社，伦敦，2021年

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Criminal Law and Philosophy Pub Date : 2023-01-30 DOI: 10.1007/s11572-023-09655-x

Thom Brooks

引用次数: 0

Policing Disobedient Demonstrations 警察不服从示威

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Criminal Law and Philosophy Pub Date : 2023-01-17 DOI: 10.1007/s11572-023-09653-z

Jake Monaghan

引用次数: 0

A Fiduciary Principle of Policing 警察的诚信原则

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Criminal Law and Philosophy Pub Date : 2023-01-13 DOI: 10.1007/s11572-023-09654-y

Stephen Galoob

引用次数: 0

The Sociability Argument for the Burqa Ban: A Qualified Defence. 布尔卡禁令的社会性论证：合格的辩护。

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Criminal Law and Philosophy Pub Date : 2023-01-01 Epub Date: 2021-11-09 DOI: 10.1007/s11572-021-09622-4

Bouke de Vries

{"title":"The Sociability Argument for the Burqa Ban: A Qualified Defence.","authors":"Bouke de Vries","doi":"10.1007/s11572-021-09622-4","DOIUrl":"10.1007/s11572-021-09622-4","url":null,"abstract":"Over the past decade, countries such as France, Belgium, Denmark, Austria, Latvia, and Bulgaria have banned face-coverings from public spaces. These bans are popularly known as 'burqa bans' as they seem to have been drafted with the aim of preventing people from wearing burqas and niqabs specifically. The scholarly response to these bans has been overwhelmingly negative, with several lawyers and philosophers arguing that they violate the human right to freedom of religion. While this article shares some of the concerns that have been raised, it argues that banning face-coverings in public is morally justified under certain conditions with the exception of facemasks that are necessary for the containment of infectious diseases, such as COVID-19. The reason for this is that those who publicly cover their face make it very difficult for other members of society to socially interact with them, especially for those who are deaf or hard-of-hearing, which is problematic in an age where many people are chronically lonely or at risk of becoming chronically lonely. As such, this article can be understood as a more elaborate, and arguably more sophisticated, defence of the justification that France offered for its face-covering ban before the European Court of Human Rights, namely that covering one's face undermines the conditions for 'living together'.","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":"17 2","pages":"317-337"},"PeriodicalIF":0.5,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8577632/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9549057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Do Criminal Offenders Have a Right to Neurorehabilitation? 罪犯有权进行神经康复吗？

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Criminal Law and Philosophy Pub Date : 2023-01-01 Epub Date: 2022-03-29 DOI: 10.1007/s11572-022-09630-y

Emma Dore-Horgan

{"title":"Do Criminal Offenders Have a Right to Neurorehabilitation?","authors":"Emma Dore-Horgan","doi":"10.1007/s11572-022-09630-y","DOIUrl":"10.1007/s11572-022-09630-y","url":null,"abstract":"Soon it may be possible to promote the rehabilitation of criminal offenders through neurointerventions (interventions which exert direct physical, chemical or biological effects on the brain). Some jurisdictions already utilise neurointerventions to diminish the risk of sexual or drug-related reoffending. And investigation is underway into several other neurointerventions that might also have rehabilitative applications within criminal justice-for example, pharmacotherapy to reduce aggression or impulsivity. Ethical debate on the use of neurointerventions to facilitate rehabilitation-henceforth 'neurorehabilitation'-has proceeded on two assumptions: that we have instrumental reasons for employing neurorehabilitation (e.g. because it helps protect the public from crime); and that its permissibility depends upon whether its use unjustifiably infringes offenders' rights. This paper defends a different, hitherto neglected thought. I argue we have rights-based reasons to offer neurorehabilitation to offenders-in other words, that offenders have a moral right to neurorehabilitation. I identify three considerations which support a moral right to conventional rehabilitative interventions-(1) as a countermeasure to the debilitating side-effects of punishment; (2) as a derivative right of the right to hope for renewed liberty; and (3) as compensation for structural injustice. I argue these considerations extend to support a moral right to neurorehabilitation in the following instance: when neurorehabilitation would be part of the most effective package for facilitating rehabilitation, and can be carried out at reasonable cost. I then defend my argument against potential objections, including the objection that neurorehabilitation is a bad option for offenders to have and the charge of over-medicalisation.","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":"17 2","pages":"429-451"},"PeriodicalIF":0.5,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10229454/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9940554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Civil Disobedience in Times of Pandemic: Clarifying Rights and Duties. 大流行时期的公民抗命:澄清权利和义务。

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Criminal Law and Philosophy Pub Date : 2023-01-01 DOI: 10.1007/s11572-021-09592-7

Yoann Della Croce, Ophelia Nicole-Berva

{"title":"Civil Disobedience in Times of Pandemic: Clarifying Rights and Duties.","authors":"Yoann Della Croce, Ophelia Nicole-Berva","doi":"10.1007/s11572-021-09592-7","DOIUrl":"https://doi.org/10.1007/s11572-021-09592-7","url":null,"abstract":"This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience.","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":"17 1","pages":"155-174"},"PeriodicalIF":0.5,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11572-021-09592-7","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9231136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Dealing with Criminal Behavior: the Inaccuracy of the Quarantine Analogy. 处理犯罪行为:检疫类比的不精确性。

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Criminal Law and Philosophy Pub Date : 2023-01-01 DOI: 10.1007/s11572-021-09608-2

Sergei Levin, Mirko Farina, Andrea Lavazza

{"title":"Dealing with Criminal Behavior: the Inaccuracy of the Quarantine Analogy.","authors":"Sergei Levin, Mirko Farina, Andrea Lavazza","doi":"10.1007/s11572-021-09608-2","DOIUrl":"https://doi.org/10.1007/s11572-021-09608-2","url":null,"abstract":"Pereboom and Caruso propose the quarantine model as an alternative to existing models of criminal justice. They appeal to the established public health practice of quarantining people, which is believed to be effective and morally justified, to explain why -in criminal justice- it is also morally acceptable to detain wrongdoers, without assuming the existence of a retrospective moral responsibility. Wrongdoers in their model are treated as carriers of dangerous diseases and as such should be preventively detained (or rehabilitated) until they no longer pose a threat to society. Our main concern in this paper is that Pereboom and Caruso adopt an idiosyncratic meaning of quarantine regulations. We highlight a set of important disanalogies between their quarantine model and the quarantine regulations currently adopted in public health policies. More specifically, we argue that the similarities that Pereboom and Caruso propose to substantiate their analogy are not consistent-despite what they claim-with the regulations underlying quarantine as an epidemiological process. We also notice that certain quarantine procedures adopted in public health systems are inadequate to deal with criminal behaviors. On these grounds, we conclude that Pereboom and Caruso should not appeal to the quarantine analogy to substantiate their view, unless they address the issues and criticism we raise in this paper.","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":"17 1","pages":"135-154"},"PeriodicalIF":0.5,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8450717/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9529955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Case of Weak Will and Wayward Desire 软弱的意志和任性的欲望

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Criminal Law and Philosophy Pub Date : 2023-01-01 DOI: 10.1007/S11572-008-9055-4

V. Bergelson

引用次数: 1

Reclamation: A Liberal Theory of Criminal Justice 开垦:一个自由主义的刑事司法理论

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Criminal Law and Philosophy Pub Date : 2022-12-01 DOI: 10.1007/s11572-022-09652-6

L. Schwartz

引用次数: 0

Byproducts, Side-Effects, and the Law of War 副产品，副作用和战争法

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Criminal Law and Philosophy Pub Date : 2022-11-26 DOI: 10.1007/s11572-022-09651-7

Jacob Bronsther

引用次数: 0