A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial (...) penalties should be graded and used; and how political pressures impinge on sentencing policies. (shrink)

Milton Friedman's famous methodological essay contains, along with much else, some strands that look as though they were taken from the “empirical-scientific” fabric described by Karl Popper. Think, for example, of Friedman's conviction that the way to test a hypothesis is to compare its implications with experience. Or of his more or less explicit espousal of the view that while no amount of facts can ever prove a hypothesis true, a single “fact” may refute it. Or of his assertion that (...) hypotheses are to be accepted only as provisionally true, and then only after repeated efforts to refute them have failed. The appearance of these Popperian ideas is not surprising. (shrink)

The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They (...) examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment. (shrink)

We prove that everyn-modal logic betweenKnandS5nis undecidable, whenever n ≥ 3. We also show that each of these logics is non-finitely axiomatizable, lacks the product finite model property, and there is no algorithm deciding whether a finite frame validates the logic. These results answer several questions of Gabbay and Shehtman. The proofs combine the modal logic technique of Yankov–Fine frame formulas with algebraic logic results of Halmos, Johnson and Monk, and give a reduction of the representation problem of finite relation (...) algebras. (shrink)

What is the role of psychoanalysis in today's world? _Yesterday, Today and Tomorrow _presents a selection of papers written by Hanna Segal. The collection introduces the reader to a wide spectrum of insights into psychoanalysis, ranging from current thoughts on the nature of dreaming to new ideas about vision and disillusionment. Her long interest in factors affecting war is pursued in her examination of the psychotic factors, symbolic significance and psychological impact of the events of September the 11th, and the (...) ensuing war on Iraq. The second half of the book discusses Segal's presentations to conferences and symposia from 1969-2000, this material is split into six sections: Models of the mind and mental processes Psychoanalytic technique Segal on Klein Segal on Bion Envy and narcissism Interviews. _Yesterday, Today and Tomorrow_ is a masterly contribution to the field. Segal's clarity of thought and striking clinical illustrations make the book accessible to those new to the field as well as those acquainted with her seminal work. (shrink)

This book reflects on the variety of ways in which mourning affects political and social life. Through the narrative of the contributors, the book demonstrates how mourning is intertwined with politics and how politics involves a struggle over which losses and whose lives can, or should, be mourned.

Reprint. Originally published: Tsedek u-mishpat, die mosaisch-rabbinische Tugend- und Rechtslehre. 2., verm. und verb. Aufl. Gross-Kanizsa: J. Markbreiter, 1862.

We show, for any ordinal γ ≥ 3, that the class RaCAγ is pseudo-elementary and has a recursively enumerable elementary theory. ScK denotes the class of strong subalgebras of members of the class K. We devise games, Fⁿ (3 ≤ n ≤ ω), G, H, and show, for an atomic relation algebra A with countably many atoms, that Ǝ has a winning strategy in Fω(At(A)) ⇔ A ∈ ScRaCAω, Ǝ has a winning strategy in Fⁿ(At(A)) ⇐ A ∈ ScRaCAn, Ǝ (...) has a winning strategy in G(At(A)) ⇐ A ∈ RaCAω, Ǝ has a winning strategy in H(At(A)) ⇒ A ∈ RaRCAω for 3 ≤ n < ω. We use these games to show, for γ ≥ 5 and any class K of relation algebras satisfying RaRCAγ ⊆ K ⊆ ScRaCA₅, that K is not closed under subalgebras and is not elementary. For infinite γ, the inclusion RaCAγ ⊂ ScRaCAγ is strict. For infinite γ and for a countable relation algebra A we show that A has a complete representation if and only if A is atomic and Ǝ has a winning strategy in F(At(A)) if and only if A is atomic and A ∈ ScRaCAγ. (shrink)

Introduction: the emergence of the proportionate sentence -- Sentence proportionality sketched briefly -- Why should the criminal sanction exist? -- Why punish proportionately? -- Ordinal and cardinal proportionality -- Seriousness, severity and the living-standard -- The role of previous convictions -- Proportionate non-custodial sanctions -- A "modified" desert model? -- The politics of the desert model -- Proportionate sentences for juveniles -- Appendix: the desert model's evolution : a brief chronology.

Contemporary theories of criminalisation address, with varying emphasis, themes concerning the harmfulness and the wrongfulness of the conduct. In his article for the present issue, Antony Duff relies chiefly on notions of wrongfulness as the basis for his proposed criminalisation doctrines; whereas in their 2011 volume on criminalisation, Andrew Simester and Andreas von Hirsch invoke both wrongfulness and harmfulness as prerequisites for prohibiting conduct. The present article assesses the comparative merits of these approaches, and argues in favour of the (...) latter, two-element perspective. In this article, the author puts forward a number of reasons suggesting why the two-element approach is preferable. These reasons include, firstly, an inductive argument—that the kinds of wrongful conduct for which criminalisation seems a plausible response are those that include an element of harm or risk of harm. Secondly, a defining role for the state is one of resource-protection: of safeguarding the means and resources through which citizens can live good lives. Thus the concept of citizens’ living resources—and the related conception of harm—should be made a constitutive and explicit element of criminalisation theory, rather than subsuming resource-protection under a general rubric of wrongfulness. Thirdly, a two-element approach provides reciprocal limiting principles concerning the scope of criminalisation. One can, for example, employ wrongfulness requirements to limit the criminalisation of conduct that has remote harmful consequences; and, conversely, use a harmfulness requirement as means for restricting the criminalisation of wrongful acts. (shrink)

This open access book provides original, up-to-date case studies of “ethics dumping” that were largely facilitated by loopholes in the ethics governance of low and middle-income countries. It is instructive even to experienced researchers since it provides a voice to vulnerable populations from the fore mentioned countries. Ensuring the ethical conduct of North-South collaborations in research is a process fraught with difficulties. The background conditions under which such collaborations take place include extreme differentials in available income and power, as well (...) as a past history of colonialism, while differences in culture can add a new layer of complications. In this context, up-to-date case studies of unethical conduct are essential for research ethics training. (shrink)

The application of neuroimaging technology to the study of the injured brain has transformed how neuroscientists understand disorders of consciousness, such as the vegetative and minimally conscious states, and deepened our understanding of mechanisms of recovery. This scientific progress, and its potential clinical translation, provides an opportunity for ethical reflection. It was against this scientific backdrop that we convened a conference of leading investigators in neuroimaging, disorders of consciousness and neuroethics. Our goal was to develop an ethical frame to move (...) these investigative techniques into mature clinical tools. This paper presents the recommendations and analysis of a Working Meeting on Ethics, Neuroimaging and Limited States of Consciousness held at Stanford University during June 2007. It represents an interdisciplinary approach to the challenges posed by the emerging use of neuroimaging technologies to describe and characterize disorders of consciousness. (shrink)

A. W. Brian Simpson, Cannibalism and the Common Law Chicago: The University of Chicago Press, 1984.

. Selective incapacitation reexamined: The national academy of sciences' report on criminal careers and “career criminals”. Criminal Justice Ethics: Vol. 7, No. 1, pp. 19-35.

The decline of the rehabilitative ethos in sentencing theory in the post_1960's is a story that has been told often , and need not be rehearsed here. Penal treatment programs, once tested for their effectiveness, showed scant success _ or at most, succeeded only in limited categories of cases. Doubts grew also about the fairness of making the severity of a person's sentence depend upon his responsiveness to treatment. As penal rehabilitation diminished in influence, the key question for penologists and (...) reformers became: what conception of sentencing should follow it? My article, as well as Michael Tonry's and John Donahue's in the present volume, is devoted to this question, of the choice of sentencing rationale.I will focus, particularly, on a sentencing theory that became influential in the late 1970's and 1980's in this country and western Europe , and continues to have considerable influence today : namely, the proportionalist or 'desert' model for sentencing. I shall address briefly what this theory's main tenets are and how it differs from traditional retributivism; what has made it attractive to liberal criminologists and penal reformers during the last three decades; and whether and to what degree it has continued value and usefulness for the future. (shrink)

Issues of interest, identity and values intertwine in environmental conflicts, creating challenges that cannot generally be overcome using rationalities grounded in generalised argumentation and abstraction. To address the growing need to engage interests and identities along with plural values in the conservation of biodiversity and ecological systems, we introduce the concept of ‘appropriateness of actions’ and ground it in a relational understanding of environmental ethics. A determination of appropriateness for actions comes from combining outputs from value elicitation with those of (...) interest and identity negotiation in ways that are salient to specific people and their relationships to specific places. Drawing on the Blue Mountain Forest Partnership in the Pacific Northwest, we propose factors of success for supporting appropriate actions: 1) understanding context and identifying key stakeholders; 2) surfacing a diversity of interests and building system-level trust; 3) building empathy for different identities grounded in specific places; 4) eliciting diverse values and seeking to understand their links to worldviews and knowledge systems and; 5) seeking out appropriate actions. (shrink)

It is difficult to understand questions about the evolution of ants. It seems often to be assumed that there are specific features that ants possess because of the "survival value" of such features. This makes very little sense, because it is very hard to believe that there are any features at all that can be viewed as having survival value for ants.

The decline of the rehabilitative ethos in sentencing theory in the post_1960's is a story that has been told often, and need not be rehearsed here. Penal treatment programs, once tested for their effectiveness, showed scant success _ or at most, succeeded only in limited categories of cases. Doubts grew also about the fairness of making the severity of a person's sentence depend upon his responsiveness to treatment. As penal rehabilitation diminished in influence, the key question for penologists and reformers (...) became: what conception of sentencing should follow it? My article, as well as Michael Tonry's and John Donahue's in the present volume, is devoted to this question, of the choice of sentencing rationale.I will focus, particularly, on a sentencing theory that became influential in the late 1970's and 1980's in this country and western Europe, and continues to have considerable influence today : namely, the proportionalist or 'desert' model for sentencing. I shall address briefly what this theory's main tenets are and how it differs from traditional retributivism; what has made it attractive to liberal criminologists and penal reformers during the last three decades; and whether and to what degree it has continued value and usefulness for the future. (shrink)

Das Buch vermittelt methodische Grundlagen für die Arbeit mit Texten in den Wissenschaften, besonders die Fähigkeit, Inhalt und Argumentation komplexer Texte zu erfassen, wiederzugeben und zu beurteilen. Die Einführung entspricht den fachlichen Standards der Philosophie und Geisteswissenschaften, ist fachübergreifend konzipiert und setzt kein spezifisches Wissen voraus. Der Band richtet sich an Studierende verschiedener Fachrichtungen sowie an Personen, die sich mit dem Wissen anderer Fachrichtungen auseinandersetzen oder im Dialog mit der Öffentlichkeit stehen. Mit Fallbeispielen aus verschiedenen Wissensbereichen und kommentierten Literaturhinweisen.