Search

I argue that to remove all backward-looking grounds and justification from the practice, as some theorists recommend, is to remove (not revise) moral responsibility. The most paradigmatic cases of moral responsibility must feature desert and retributive elements. So, moral responsibility must be (at least partially) backward-looking. When we hold people responsible, one reason we do so is that we believe that they deserve punishment or reward simply in virtue of the action for which we hold them responsible. None of this rebuts responsibility skepticism. For instance, forward-looking theories might adopt Myisha Cherry's proposal: anger as love without blameworthiness. [ABSTRACT FROM AUTHOR]

I defend a deontological social contract justification of punishment for philosophers who deny free will and moral responsibility (FW/MR). Even if nobody has FW/MR, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the imprisonment of violent criminals if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. [ABSTRACT FROM AUTHOR]

This paper discusses a non-state justice system (Sistema Comunitario de Seguridad, Justicia y Reeducación, hereafter: SCSJR) applied by some of the Afromexican and Indigenous communities of the Guerrero state in Mexico as an example of a maximalist restorative justice system. Restorative justice is presented here as an alternative to criminal justice. While it responds to similar moral concerns as retributive justifications do, it offers more adequate mechanisms of dealing with certain crimes and aims to reduce coerciveness of justice when dealing with lawbreaking. Restorative justice is also an approach that should be perceived as more legitimate when handling cases where the state lacks the moral standing to prosecute offenders. The SCSJR is used as an example to demonstrate the possibility of a justice system based on restorative principles to be effective in handling the entirety of lawbreaking in a community. In the case of the SCSJR this approach to justice has been proved to be effective even in the wake of high levels of criminal activity in the region. This paper discusses the SCSJR’s institutions and attitude toward lawbreaking and argues that they demonstrate an example of a justice system based on restorative justice. [ABSTRACT FROM AUTHOR]

A growing number of theorists have launched an epistemic challenge against retributive punishment. This challenge involves the core claim that it is wrong (intentionally) to inflict serious harm on someone unless the moral argument for doing so has been established to a high standard of credibility. Proponents of this challenge typically argue that retributivism fails to meet the required epistemic standard, because retributivism relies on a contentious conception of free will, about whose existence we cannot be sufficiently certain. However, the scope of the epistemic challenge should not be limited to doubts about free will or retributivism. In this article, I argue that the epistemic challenge should be expanded beyond the original focus on justifications of punishment. By “expanding the epistemic challenge” I mean demanding that other purported justifications for serious (intentional) harm be held to a high standard of credibility. To provide a focus for the argument, I will concentrate on the “Public Health Quarantine Model” defended by Gregg Caruso, but my arguments have wider implications beyond this model. A growing number of “abolitionist” theorists believe that punishment is wrong in principle. If retributive punishment, or punishment in general, were abandoned, we would need to ask, “how else should we respond to crime?”. My arguments suggest that all such abolitionists will have to face the same epistemic standard as penal theorists if they wish to replace punishment with the intentional imposition of non-punitive severe coercive measures. [ABSTRACT FROM AUTHOR]

The book of Samuel contains numerous mentions of food, particularly in connection to David. This article examines how the Song of Hannah provides a lens for interpreting food-related events in the book of Samuel. First, it considers how the Song of Hannah describes God's engagement with the hungry and the well-fed, along with how the surrounding narrative reinforces that picture. Second, it identifies four ways that David appears in relationship to food throughout the book. In each of these, David seems to align himself with the vision of food justice laid out in the Song of Hannah—David regularly feeds the hungry; David sometimes refuses to eat for virtuous reason; David ensures that everyone under his care receives an equal portion; and sometimes, David himself is the hungry person who is fed. Finally, it demonstrates that David's major moral failure is characterized, parabolically, as an act of the unrighteous rich who take the food of the poor in an act of "hypocritical hospitality." [ABSTRACT FROM AUTHOR]

Every day, between 41,000 to 48,000 inmates, many Of them seriously mentally ill (SMI) inmates, live in solitary confinement (solitary), which represents the most severe punishment thal inmates can.jace asidefrom execution. With solitary, prison Ollicials segregate inmates from the general prison population and deprive them of human contact and sensory stimulationfor disciplinary or secitrity reasons. Modern day research has confirmed its negative mental health impact, especially on SMI inmates, which can lead to suicide. The Supreme Court's traditional prison conditions jurisprudence grounds itself in the Eighth Amendment's cruel and unusual punishments clause and the evolving standards of decency. It protects against the substantial risk of serious harm to which prison omcials are deliberately indit.jerent. SMI inmates in solitary often advance two claims, that officials impose inhumane prison conditions and provide inadequate mental health care. Some cases, including afew class actions, have declared placing SMI inmates in solitary unconstitutional and denounced ineffective screening that led to placing SMI inmates in solitary. However, before overcoming their customary deference to prison omcials, courts required egregious levels of harm. The courts' proportionality review Of sentences, also based on the Eighill Amendment and evolving standards of decency, offers an alternative doctrine that better equips courts to overcome their customary deference to prison officials. Courts have used proportionality review, for exaniple, to ban the execution of the intellectually disabled and the doctrine can likewise lead to a broad ban on placing SMI inmates in solitary. Practically speaking, this entails considering the weight ofcurrem policy and the degree to which placing SMI inmates in solitary satisfies penological goals, to wit, retribution. incapacitation, deterrence, and rehabilitalion. Also. professional organizations, international authorities, and Colorado, a good example ofsolitary rejbrm, all support a broad ban on placing SMI inmates in solitary. [ABSTRACT FROM AUTHOR]

The aim of the essay is to give a detailed analysis of Theogins' so-called Hope Elegy (ll. 1135 - 1150) which was considered an earlier fusion of Hesiod's story of Pandora and the Myth of the races. The author first focuses on both Hesiod's story to reveal the context and then turns to the elegy itself to answer why Theognis choose Elpis as the only good god remaining among mankind and why he substitutes Aidōs and Nemesis with Pistis, Sōphrosunē and Charites. The author concludes that Theognis could not let Aidōs and Nemesis go, for if he had, it would have been an indication of the ultimate end of morality for his audience. Using the metaphor of decline Theognis first chose the image of leaving goddesses which is the hallmark of Hesiod's Iron race last days story and mixed it with some other components present in the story like grace, justice, oaths and hubris, then he took key notions of his own moral thinking - pistis, sōphrosunē and charity and made goddesses from them. Finally, he crowned his elegy by choosing Hesiod's Elpis with her intrinsic ambiguousness of both expectation and false hope. Such combination enabled him to create a stunning warning for his audience. [ABSTRACT FROM AUTHOR]

Copyright of Journal of the Cukurova University Institute of Social Sciences is the property of Cukurova University Institute of Social Sciences and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The idea of God punishing children for the sins of their parents in Exodus 20:5 sounds contrary to divine justice as represented in the Old Testament (OT). However, despite the apparent contradiction, strands of Christianity have continued to hold the view of retribution in Exodus. In Nigeria, it is reflected in the teaching on breaking generational curses in the neo-Pentecostal churches. This article has critically examined Exodus 20:5 as a basis for this doctrine, employing the historical-critical and descriptive methods. Contrary to the claim by some scholars that the doctrine of collective responsibility in Exodus 20:5 contradicts individual retribution that is found in Ezekiel and Jeremiah, this article found that these prophets express collective responsibility when they attribute the exile to the sins of the ancestors. Moreover, the belief in corporate responsibility continued to be held among the Jews after the exile. The teaching on generational curses in Nigeria is partly a reflection of the continuing influence of Exodus 20:5. This article concluded, however, that deducing the doctrine of generational curses from the Exodus text fails to take cognisance of the folkloristic character of Exodus. Given this character, the words visiting the iniquity of parents upon the children are those of the narrator, and not of God. Contribution: Contributing to the scholarly discourse on the notion of inherited punishment in Exodus 20:5, this article postulates that it is hermeneutically incorrect to base the belief in generational curses on this text. [ABSTRACT FROM AUTHOR]

William Shakespeare's play Hamlet is considered a revenge tragedy. The central character in William Shakespeare's play Hamlet is 'Hamlet'. In the play the Ghost of his father is seen by the Hamlet. Hamlet is not frightened but he is astonished to see his father's ghost. Hamlet believes that all is not well. He doubts some foul play. The Ghost discloses the secret of his father's murder. Hamlet came to know how his father was murdered by his uncle Claudius. Claudius had murdered his father by pouring poison into his ears while he was sleeping. Claudius had declared that king had died by the bite of a serpent. The Ghost urged Hamlet that he must avenge his father's murder. Then revenge became a sacred duty after the Ghost's revelation. It disturbs his peace of mind. Hamlet comes to know the real facts of his father's death. He is a sensitive and an idealistic young man. It is often said. That Hamlet is not a man of action. He seems to have gone mad. The play depicts the mental suffering and torture which Hamlet endures. It is often said that there are some defects in a tragic Hero's character that leads to the final disaster in the Shakespearean tragedy. Hamlet resolves to avenge the murder of his father. He goes on waiting till it occurs to him that he should verify the truth of what the ghost has told him. So he arranges a play within the play. he does not proceed to take his revenge until he has made sure that his uncle Claudius is guilty. He gets an excellent opportunity to murder his uncle but he spare him on the ground that the king is praying to God and if he killed him, at this point, he would go to heaven. This postponement of a his revenge, constitutes a serious flaw in his character. Actually it is not a flaw in his character it is due to the ethics of Hamlet. Some critics say that it was a weakness in his character. But this is not true. Hamlet was a man of ethics. The ethics does not allow him to murder the enemy when he is saying his prayer. There was moral repulsion to the action. And Hamlet did the same. Hamlet wanted to verify the facts, this was also true. Hamlet was a man of ethics. He was the son of a great king of Denmark. He was not an ordinary person. Ethics played a significant role in the life of Hamlet although he had to suffer a tragic end. [ABSTRACT FROM AUTHOR]

Copyright of Tijdschrift voor Geschiedenis is the property of Amsterdam University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Shanghai Physical Education Institute / Shanghai Tiyu Xueyuan Xuebao is the property of Shanghai Physical Education Institute and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper attempts to discuss the Islamic conception of Juvenile Justice and cites the references from Qur''n and Sunnah, which are the basic and arch sources of Islamic Jurisprudence and law. Islam focuses upon compassion and mercy while dealing with the children in the justice system, albeit, Juvenile Justice is considered to be a modern concept in the contemporary legal theory,but Islam deliberateson such punishments for the juveniles, which are not commensurate with the nature of offence, that is what modern day justice system for juveniles emphasizes. Moreover, Islam also focuses on reformation, rehabilitation and social re-integration of the children into the society, which are considered as the modern day concepts in the juvenile justice lexicon, notwithstanding, some of the concepts transpired from Islamic laws, inter alia, the issue of juvenility appears to be in derogation with the modern day Juvenile Justice conception. Pakistan, being an Islamic Republic, follows the Islamic laws, which override all other laws. All laws passed by the parliament are reviewed in terms of Islamic injunctions and any law in conflict with the Islamic provisions is discardedab initio but still legal regime dealing juveniles is inconsistent to provide uniformity, which culminates in ambiguity. Some special trepidations upon which the whole edifice of Juvenile Justice System anchors have been discussed in this paper with special reference to Pakistan& Islam. Its findings aim to assist policy and law makers to establish practicable strategies, translating Juvenile Justice System 'on paper' to 'in practice'. For conduct of research doctrinal method has been employed with analytical and comparative approach. [ABSTRACT FROM AUTHOR]

Ces dernières années, 2018 a battu tous les records avec la mise sur le marché de quatorze nouveaux médicaments au-dessus du prix de capage. Outre le fait que le concept de médicament cher mérite une explication, il convient d'envisager l'importance que revêtent et revêtiront ces produits pour l'économie officinale. In recent years, 2018 has been a record year with fourteen new medicines coming on to the market above the ceiling price. In addition to the fact that the concept of expensive medicines deserves an explanation, it is worth considering the importance that these products have and will have for the pharmacy economy. [ABSTRACT FROM AUTHOR]

The following paper was written to nuance the complex relationship between the mechanism of stereotypes and their persistent shaping of colonial consciousness in present day Britain. The systemic development of these often-visual tropes and their relationship to colonial statecraft has been reviewed by comparing the infamous colonial painting, Retribution (1858) (shown at a 2016 exhibition at Tate Modern) with the mechanical semi-automaton, Tipu's Tiger (1808). By drawing on seminal texts on the ambivalence of colonial discourse, this essay attempts to answer the question of how the tiger as a Muslim symbol has been used to camouflage historical and visual consciousness towards colonialism in India. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Histórica (02528894) is the property of Pontificia Universidad Catolica del Peru and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Greta Thunberg has rapidly become a household name due to her passionate involvement in the youth climate movement. However, Thunberg has also received criticism, among other things for her anger. Is such anger really productive, people ask, or is it harming the cause of climate justice? In this article, I examine that question from a philosophical perspective. I look at two commonly mentioned disadvantages of anger, namely that it is a retributive emotion and that it reduces uptake of one's message, and I provide some reasons why these might not be disadvantageous after all. Then, I look at four different advantages of anger: its motivational power, its revolutionary potential, its use for community building, and its epistemic value. Each of these points is linked back to the climate movement as it is personified by Greta Thunberg, in order to analyse the anger that is at times very prominent in her activist message. While a definite conclusion about the productivity of Thunberg's anger is difficult to reach, I conclude that her anger should be listened to regardless, since we have much to learn from it. [ABSTRACT FROM AUTHOR]

The death penalty debate is the most generally relevant debate, keeping in mind the situation that has been brought about by today. Death penalty is an integral part of the Indian Criminal Justice System and of many other retentionist countries. This article argues that death penalty is a philosophical issue no doubt, but it also draws inspiration from Durkheim's discussion to the impact of political organization on penal evolution. It suggests that the most serious punishment i.e., death penalty is the first to grow milder; then to disappear with the progressive weakening of punishment. The author has drawn the conclusion with few suggestions at the end of this article. [ABSTRACT FROM AUTHOR]

Retribution stands at the forefront of America's criminal justice system. Yet, as Justice Anthony Kennedy cautioned, retribution is also the motive for punishment that "most often can contradict the law's own ends." This Article proposes, and then tests empirically, the existence of a novel contradiction of retribution -- the idea that race and retribution have become automatically and inextricably intertwined in the minds of Americans. The study we present in this Article demonstrates that the core support for retribution's use has been shaken by implicit racial bias. Our national empirical study, conducted with over 500 jury-eligible citizens, shows that race cannot be separated from the concept of retribution itself. The study finds, for example, that Americans automatically associate the concepts of payback and retribution with Black and the concepts of mercy and leniency with White. Furthermore, the study showed that the level of a person's retribution-race implicit bias predicted how much they supported retribution as a desirable punishment rationale -- the stronger the anti-Black implicit racial bias they held, the more likely they were to harbor retributivist views of criminal punishment. Contextualized within the racial history of America's criminal justice system, as well as the continued racial disparities in the criminal justice system, the results of our empirical study have wide-ranging implications for legislative enactments, constitutional challenges to harsh punishment practices, and even for the reduction of excessive force against civilians in the context of policing. [ABSTRACT FROM AUTHOR]

Copyright of Revista UNISCI is the property of Unidad de Investigaciones Sobre Seguridad y Cooperacion International (UNISCI) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Nigerian people in the 21st century are faced with bad governance and leadership as a result of corruption, instability, senseless killings, insecurity, and among others. This idea of suffering also has praxis of humanity. Thus, where people experience evil, retrogression, anti-development and loss are substantially there undoing. Therefore, this undoing is the product of Arialusi which as an Edo religious concept means the law of retribution; sowing and reaping. As a matter of fact, Arialusi means the law of retributive justice; law of nemesis; a cosmic law of justice which holds that one's life is determined by the performance in the previous life that spills to the present and the future. Arialusi is a human 'sim' that imprints itself as a hidden force or potential in one's life. This hidden force or potential when activated by an external stimulus or natural law, produces corresponding effects either good or bad, happiness or suffering, progress or retrogression. This paper adopted moral, socio-cosmic methods leading to the fact that much emphasis on materialism and acquisition of wealth than spiritual knowledge are the bane of Nigerian leaders. Arialusi is a neverending process of life. Therefore, Arialusi is an eternal and immutable law of nature that has its seat in the soul of every human. No doubt, the payoffs are gain or loss, comfort or pains, enjoyment or suffering. To this end, the work postulates that Arialusi is about cause and effect and political activities are also accounted for by omission or commission. The end, the product of every political activity has corresponding effect either for the individual or the society. [ABSTRACT FROM AUTHOR]

AMNESTY IS AN ACT OF CLEMENCY, WITH EXCEPTIONAL CHARACTER, WHICH CAN BE ADOPTED BY THE PARLIAMENT THROUGH AN ORGANIC LAW, THROUGH WHICH IT IS RELIEVED THE CRIMINAL LIABILITY OR THE CONSEQUENCES OF CONVICTION [EXECUTION OF THE MAIN SUBSIDIARY (WITH THE EXCEPTION OF MILITARY DEGRADATION WHICH IS CONSIDERED SERVED SINCE THE MOMENT THE DECISION REMAINS FINAL) OR ACCESSORY PUNISHMENT] FOR CRIMES COMMITTED (ACTION CONSUMED OR ACTION EXHAUSTED) UNTIL ITS ENTERING INTO FORCE OR UP TO ANOTHER DATE FORESEEN BY LAW. [ABSTRACT FROM AUTHOR]

Using a national sampling frame with a sample of over 3,000 responses (n=3,265), this study explored individual characteristics that influence attitudes toward retribution. Specifically, this study was interested in exploring who is more likely to support the punishment philosophy of retribution. Eleven independent variables were examined and only two indicate a retributive attitude. Males were more likely than females and gun owners were more likely than non-gun owners to indicate support for retribution. [ABSTRACT FROM AUTHOR]

Only one published study has investigated the effect of a threatening social context on the perception and expression of pain, showing that social threat leads to increased pain reports but reduced nonverbal pain expression. The current study aimed to replicate and extend these findings to further explore the effects of a threatening social context. Healthy, female participants (N = 71) received 10 electrocutaneous stimuli delivered by a confederate. They were led to believe that the confederate was requested to administer 10 painful stimuli (control group) or that the confederate deliberately chose to deliver 10 painful stimuli when given the choice to deliver between 1 to 10 painful stimuli (social threat group). Self-reported pain intensity, unpleasantness, threat value of pain, and painful facial expression were assessed. Additionally, empathy and aggression toward the confederate were investigated. Social threat did not affect painful facial expression or self-reported pain intensity, but led to increased aggression toward the confederate. Moreover, perceived social threat predicted the threat value of pain and reduced empathy toward the confederate. We were not able to replicate the previously reported dissociation between pain reports and pain expression as a result of social threat. However, social threat was associated with an increased threat value of pain, increased aggression, and reduced empathy.Perspective: A threatening social context affects how threatening pain is perceived and has interpersonal consequences such as increased aggression and reduced empathy, thereby creating a double burden on the individual suffering from pain. [ABSTRACT FROM AUTHOR]

In their modern form, aggravated damages burst on the legal scene in 1964. Their nature is contestable. Commentators tend to argue that they compensate for losses associated with the plaintiff's dignity. This paper argues that this view is both too narrow and too wide: too narrow because aggravated damages have not been limited to losses that can be so described ; too wide because the view is based on the assumption that aggravated damages are an independent head of damage. Properly understood, aggravated damages are relevant in the assessment of damages, compensating for recoverable tangible or intangible losses that are incapable of objective monetary assessment and that have been increased by reason of the nature and circumstances of the defendant's wrong. Their justification is the need to avoid the risk of under-compensation in such cases. [ABSTRACT FROM AUTHOR]

This article uses quantitative and linguistic methodologies to explore how sexual violations to the female body were understood and subsequently adjudicated in Anglo-Saxon England, using Alfred's domboc, or "judgement book," as primary evidence. While the specificity with which Alfred considered rape from other forms of sexual misconduct has been noted before, the true severity of this crime during his reign, as well as the ways in which conventional systems of retribution were restructured in order to grant an equal level of protection to all classes of women, has never before been considered. By first quantifying the number of rape clauses, then analysing the shifting scales of retribution in relation to a woman's body worth and finally assessing the lexical complexity of these clauses, this paper uses a new system of law-code analysis to argue that Alfred's treatment of rape was unique among Anglo-Saxon rulers. As these methodological approaches to the domboc demonstrate, these crimes merited a particularly harsh form of retribution in comparison to the sex-related laws of both his predecessors and successors. [ABSTRACT FROM AUTHOR]