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  1. Videos, Police Violence, and Scrutiny of the Black Body.Sherri Irvin - 2022 - Social Research: An International Quarterly 89 (4):997-1023.
    The ability of videos to serve as evidence of racial injustice is complex and contested. This essay argues that scrutiny of the Black body has come to play a key role in how videos of police violence are mined for evidence, following a long history of racialized surveillance and attributions of threat and superhuman powers to Black bodies. Using videos to combat injustice requires incorporating humanizing narratives and cultivating resistant modes of looking.
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  2. Criminal Proof: Fixed or Flexible?Lewis Ross - 2023 - Philosophical Quarterly:1-23.
    Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...)
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  3. Security Institutions, Use of Force and the State: A Moral Framework.Shannon Ford - 2016 - Dissertation, Australian National University
    This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the ethics (...)
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  4. The Curious Case of the Jury-shaped Hole: A Plea for Real Jury Research.Lewis Ross - forthcoming - International Journal of Evidence and Proof.
    Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...)
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  5. The little book of restorative justice: a bestselling book by one of the founders of the movement.Howard Zehr - 2014 - Intercourse, PA: Good Books.
    The seminal work on Restorative Justice by one of the founders of the movement, now fully revised and updated. In a time of bitter differences and deep division, how should we as a society respond to wrongdoing? When a crime occurs or an injustice is done, what needs to happen? What does justice require? Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable Principles and (...)
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  6. Delayed Naga Solution: A Consequence of Disunity.Paul N. Rengma - 2022 - Nagaland Post 8 (8):8.
    This article reflects on the 'Framework Agreement' signed between the NSCN (IM) and the Government of India and the present situation of the Nagas.
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  7. Ethics of Imprisonment : Essays in Criminal Justice Ethics.William Bülow - 2014 - Dissertation, Royal Institute of Technology, Stockholm
    This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications (...)
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  8. John Rawls: Two Concepts of Rules.Leslie Allan - manuscript
    In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.
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  9. Identity and the Limits of Fair Assessment.Rush T. Stewart - forthcoming - Journal of Theoretical Politics.
    In many assessment problems—aptitude testing, hiring decisions, appraisals of the risk of recidivism, evaluation of the credibility of testimonial sources, and so on—the fair treatment of different groups of individuals is an important goal. But individuals can be legitimately grouped in many different ways. Using a framework and fairness constraints explored in research on algorithmic fairness, I show that eliminating certain forms of bias across groups for one way of classifying individuals can make it impossible to eliminate such bias across (...)
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  10. Criminal Justice Ethics: Cultivating the Moral Imagination.Sharon Hayes - 2015 - Routledge.
    It is essential for those employed within the justice system to be able to competently and confidently work at the borders between ethics and the law.Criminal Justice Ethics offers a fresh new approach to considering ethical issues in a criminal justice context. Rather than simply offering a range of ethical dilemmas specific to various justice professionals, it provides extensive discussion of how individuals develop their 'moral imaginations' using ethical perspectives and practices, both as citizens of the world and as practitioners (...)
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  11. The Aims of Restorative Justice.David Chelsom Vogt - 2012 - In Jørn Jacobsen and Linda Gröning (ed.), Restorative Justice and Criminal Law. Stockholm, Sverige:
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  12. Med rett til å bli straffet: om Kant og Hegels teorier om straff som respekt for forbryteren.David Chelsom Vogt - 2016 - Norsk Filosofisk Tidsskrift 51 (3-4):148-162.
    English title: The Right to be Punished: On Kant and Hegel's theories of punishment as respect for the criminal -/- The article discusses Kant and Hegel's theories of punishment in light of their broader legal philosophies. The purpose of punishment, and law in general, is to secure mutual freedom and mutual recognition. Punishment is a way of expressing respect for the freedom of the criminal, as well as the freedom of victims and all members of society. Though it might seem (...)
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  13. Democratising and Judicialising: The Judicialisation of Politics.Erin Rizzato-Devlin - 2021 - Democracy and Society 18:23-25.
    Within the classical tripartition of powers, courts and tri- bunals have always held the most marginal role, limited by the interpretation of laws. In the last decades, however, judiciaries have been increasingly addressed with the task of resolving moral issues and political questions, drawing power away from representative institutions. The intention of this essay is to analyse the judicialisation of politics and how this emergent phenomenon is slowly reshaping the skeleton of political structures and mutating the political environment — particularly (...)
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  14. Government transparency and accountability during Covid 19: The data underpinning decisions.Marie Oldfield - 2021
    Government transparency and accountability during Covid 19: The data underpinning decisions.
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  15. Government transparency and accountability during Covid 19: The data underpinning decisions.Marie Oldfield - 2021 - Https://Committees.Parliament.Uk/Publications/5076/Documents/50285/Default/.
    Government transparency and accountability during Covid 19: The data underpinning decisions.
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  16. Call for Written evidence - Risk Assessment and Risk Planning.Marie Oldfield - 2021 - UK Government Risk Enquiry.
  17. Parliamentary Call for evidence Written evidence -Data Transparency and Accountability: Covid 19.Marie Oldfield - 2020 - UK Government.
    Call for evidence Written evidence - Data Transparency and Accountability: Covid 19 -/- .
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  18. Ethical funding for trustworthy AI: proposals to address the responsibilities of funders to ensure that projects adhere to trustworthy AI practice.Marie Oldfield - 2021 - AI and Ethics 1 (1):1.
    AI systems that demonstrate significant bias or lower than claimed accuracy, and resulting in individual and societal harms, continue to be reported. Such reports beg the question as to why such systems continue to be funded, developed and deployed despite the many published ethical AI principles. This paper focusses on the funding processes for AI research grants which we have identified as a gap in the current range of ethical AI solutions such as AI procurement guidelines, AI impact assessments and (...)
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  19. Caring and the Prison in Philosophy, Policy and Practice: Under Lock and Key.Helen Brown Coverdale - 2021 - Journal of Applied Philosophy 38 (3):415-430.
    Care appears prima facie antithetical to punishment. Since the overlaps between care and punishment are greater than we paradigmatically expect, care ethics offers a more accurate account of prisons: recognising and critiquing both dehumanising carceral violence, and the necessity, presence, and inadequacies of penal care, as well as unlocking ways of thinking differently about structural change without losing sight of individual issues. After introducing care ethics and evidencing the presence of caring practices in present prisons, the article considers how we (...)
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  20. The Irrevocability of Capital Punishment and Active Voluntary Euthanasia1.Saranga Sudarshan - 2021 - Journal of Applied Philosophy 38 (3):431-443.
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  21. The harmonization of domestic and international human rights standards on criminalization of rape.Deepa Kansra - 2021 - Rights Compass.
    In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...)
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  22. Neurolaw: Advances in Neuroscience, Justice and Security.S. Ligthart, D. van Toor, T. Kooijmans, T. Douglas & G. Meynen (eds.) - 2021 - Palgrave Macmillan.
    This edited book provides an in-depth examination of the implications of neuroscience for the criminal justice system. It draws together experts from across law, neuroscience, medicine, psychology, criminology, and ethics, and offers an important contribution to current debates at the intersection of these fields. It examines how neuroscience might contribute to fair and more effective criminal justice systems, and how neuroscientific insights and information can be integrated into criminal law in a way that respects fundamental rights and moral values. -/- (...)
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  23. Punishment for Mob‐based Harms: Expressing and Denouncing Mob Mentality.Sean Bowden, Sarah Sorial & Kylie Bourne - 2021 - Journal of Applied Philosophy 38 (3):366-383.
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  24. Penal Disenfranchisement and Equality of Status.Costanza Porro - 2019 - Journal of Applied Philosophy 38 (3):401-414.
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  25. The Rationality of Racial Profiling.David Atenasio - 2020 - Criminal Justice Ethics 39 (3):183-201.
    A number of philosophers argue that law enforcement officers may have good reasons to racially profile suspects under certain conditions. Their conclusions rest on a claim of epistemic rationality: if members of some races are at an increased risk of criminality, then it may be rational for law enforcement officers to subject them to increased scrutiny. In this paper I contest the epistemic rationality of racial profiling by appealing to recent work in criminology and the sociology of race and crime. (...)
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  26. The Promise of Procedural Abolitionism.Chad Flanders - 2020 - Criminal Justice Ethics 39 (3):202-210.
    Death penalty debates appear to be intractable because what is obvious to one side is just as obviously not the case to the other. One side finds it unconscionable that a murderer can still be walk...
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  27. Doing Without Desert.David Sussman - 2020 - Criminal Justice Ethics 39 (3):211-221.
    In The Limits of Blame, Erin Kelly argues that we should purge our thinking about criminal justice of notions of moral desert and blameworthiness. Her targets are retributivist theories of punishme...
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  28. Technology as Terrorism: Police Control Technologies and Drone Warfare.Jessica Wolfendale - 2021 - In Scott Robbins, Alastair Reed, Seamus Miller & Adam Henschke (eds.), Counter-Terrorism, Ethics, and Technology: Emerging Challenges At The Frontiers Of Counter-Terrorism,. Springer. pp. 1-21.
    Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways in which technology shapes (...)
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  29. How Is Criminal Justice Related to the Rest of Justice?Jonathan Jacobs - 2020 - Criminal Justice Ethics 39 (2):111-136.
    Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of...
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  30. Justifying punishment in intercultural contexts: Whose Norms? Which Values?Duncan Ivison - 1999 - In Matt Matravers (ed.), Punishment and Political Theory. Oxford, UK: pp. 88-107.
    An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.
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  31. A Matter of Intent: A Social Obligation to Improve Criminal Procedures for Individuals with Dementia.Jalayne J. Arias & Lauren S. Flicker - 2020 - Journal of Law, Medicine and Ethics 48 (2):318-327.
    The relationship between dementia and criminal behavior perplexes legal and health care systems. Dementia is a progressive clinical syndrome defined by impairment in at least two cognitive domains that interferes with one's activities of daily. Dementia symptoms have been associated with behaviors that violate social norms and constitute criminal actions. A failure to address a gap in policies that support appropriate management of individuals with dementia reflects a failure in our social obligation to care for those who are most vulnerable (...)
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  32. Decriminalization of Diverted Buprenorphine in Burlington, Vermont and Philadelphia: An Intervention to Reduce Opioid Overdose Deaths.Brandon del Pozo, Lawrence S. Krasner & Sarah F. George - 2020 - Journal of Law, Medicine and Ethics 48 (2):373-375.
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  33. Confronting Moral Obligations in an Active Shooter Incident: A Reminder to Focus on Prevention.Chana A. Sacks & Peter T. Masiakos - 2020 - Journal of Law, Medicine and Ethics 48 (2):352-353.
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  34. Cannabis as a Gateway Drug for Opioid Use Disorder.Arthur Robin Williams - 2020 - Journal of Law, Medicine and Ethics 48 (2):268-274.
    Cannabis use in some individuals can meaningfully introduce de novo risk for the initiation of opioid use and development of opioid use disorder. These risks may be particularly high during adolescence when cannabis use may disrupt critical periods of neurodevelopment. Current research studying the combination of genetic and environmental factors involved in substance use disorders is poorly understood. More research is needed, particularly to identify which adolescents are most at risk and to develop effective interventions addressing contributing factors such as (...)
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  35. Dementia-Related Behaviors: A Matter of Public Health, Not Criminal Prosecution.Marshall B. Kapp - 2020 - Journal of Law, Medicine and Ethics 48 (2):328-330.
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  36. Opioids May be Appropriate for Chronic Pain.Paul J. Christo - 2020 - Journal of Law, Medicine and Ethics 48 (2):241-248.
    Patients living with chronic pain require appropriate access to opioid therapy along with improved access to pain care and additional therapeutic options. It's both medically reasonable and ethical to consider opioid therapy as a treatment option in the management of chronic, non-cancer pain for a subset of patients with severe pain that is unresponsive to other therapies, negatively impacts function or quality of life, and will likely outweigh the potential harms. This paper will examine opioid therapy in the setting of (...)
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  37. Recent work on the proof paradox.Lewis D. Ross - 2020 - Philosophy Compass 15 (6):e12667.
    Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.
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  38. Prison as a Torturous Institution.Jessica Wolfendale - 2020 - Res Philosophica 97 (2):297-324.
    Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...)
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  39. Dilemmas regarding returning ISIS fighters.Trudy Govier & David Boutland - 2020 - Ethics and Global Politics 13 (2):93-107.
  40. Habeas corpus colectivo, legitimación active y ciudadanía.Romina Rekers - 2015 - la Ley 1 (8):715-725.
    Los excesos cometidos en las políticas de seguridad han conducido a una creciente violación de las libertades individuales. Esto ha hecho que sea cada vez más frecuente la interposición de recursos de hábeas corpus por aquellos que ven arbitrariamente afectada su libertad. Una figura jurídica que debería ser de uso excepcional, y en casos de emergencia, se ha vuelto de uso casi cotidiano . Esto no muestra necesariamente una mala utilización del recurso —aunque puede advertirse en algunos casos cierto abuso (...)
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  41. Justicia transicional epistémica (Transitional epistemic justice).Romina Rekers - 2019
    Los movimientos #MeToo de Hollywood, #YoSiTeCreo de España y #MiraComoNosPonemos de Argentina son el punto de partida de una transición promovida por el movimiento feminista. Esta transición está dirigida a una sociedad justa en la que las mujeres no sean víctimas de violación y acoso que, además, quedan impunes. La perpetración de los males que estos movimientos buscan eliminar ha sido posible hasta ahora, entre otras cosas, dado el déficit de credibilidad que afecta a las mujeres que denuncian tales delitos. (...)
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  42. Some Remarks on Criminology and Moral Philosophy.Jonathan Jacobs - 2019 - Criminal Justice Ethics 38 (3):198-220.
    Recent developments in philosophy and in criminology indicate that there are significant respects in which the two disciplines can be mutually informing. Many philosophers are increasingly interested in exploring empirical aspects of philosophical claims, and criminologists are finding their way past the alleged fact/value distinction and are rediscovering the moral significance of facts, especially regarding punishment and desistance. In some recent criminological studies there are implicit links to the British moralists such as David Hume and Adam Smith, and to Aristotle (...)
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  43. In and Beyond Misdemeanorland.Katherine Beckett - 2019 - Criminal Justice Ethics 38 (3):221-229.
    Misdemeanorland provides a comprehensive and insightful analysis of the lower courts’ response to the implementation of Broken Windows Policing in New York City and the flood of arrests this genera...
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  44. Booters: can anything justify distributed denial-of-service (DDoS) attacks for hire?David Douglas, José Jair Santanna, Ricardo de Oliveira Schmidt, Lisandro Zambenedetti Granville & Aiko Pras - 2017 - Journal of Information, Communication and Ethics in Society 15 (1):90-104.
    Purpose This paper aims to examine whether there are morally defensible reasons for using or operating websites that offer distributed denial-of-service attacks on a specified target to users for a price. Booters have been linked to some of the most powerful DDoS attacks in recent years. Design/methodology/approach The authors identify the various parties associated with booter websites and the means through which booters operate. Then, the authors present and evaluate the two arguments that they claim may be used to justify (...)
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  45. Criminal Culpability and the Political Meaning of Age.Cynthia V. Ward - 2019 - Criminal Justice Ethics 38 (2):123-137.
    In The Age of Culpability, Gideon Yaffe argues that all minors who commit crimes should be treated more leniently by the criminal law than similarly situated adults. This core intuition – that “kid...
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  46. The Torture Debate and the Toleration of Torture.Jessica Wolfendale - 2019 - Criminal Justice Ethics 38 (2):138-152.
    One of the questions raised by this important and thought-provoking collection of essays on torture is how and why the consensus that torture is wrong - a consensus enshrined in international law for decade - has become so fragile. As Scott Anderson writes in the introduction to this volume, "[h]ow did abusing and torturing prisoners suddenly become so popular?” The chapters in this volume offer insights into this question from the perspectives of history, psychology, law, philosophy, and sociology. This interdisciplinary (...)
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  47. Objections to Coercive Neurocorrectives for Criminal Offenders –Why Offenders’ Human Rights Should Fundamentally Come First.Lando Kirchmair - 2019 - Criminal Justice Ethics 38 (1):19-40.
    “Committing a crime might render one morally liable to certain forms of medical intervention”, claims Thomas Douglas, who stated in this context that “compulsory uses of medical correctives could i...
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  48. The Holy Grail of Democratic Policing.Robert E. Worden & Caitlin J. Dole - 2019 - Criminal Justice Ethics 38 (1):41-54.
    Unwarranted, by NYU law professor Barry Friedman, offers a diagnosis of some of the contemporary ills of American policing and a prescribed cure. Between 2014 and 2016, incidents of fatal shootings...
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  49. Just Say No (For Now): The Ethics of Illegal Drug Use.Mathieu Doucet - 2017 - Law Ethics and Philosophy 5:9-29.
    The war on drugs is widely criticized as unjust. The idea that the laws prohibiting drugs are unjust can easily lead to the conclusion that those laws do not deserve our respect, so that our only moral reason to obey them flows from a general moral obligation to obey the law, rather than from anything morally troubling about drug use itself. In this paper, I argue that this line of thinking is mistaken. I begin by arguing that the drug laws (...)
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  50. Éducation sentimentale? Rethinking emotional intelligence with Michel Henry: from incarnation to education.Wiebe Koopal & Joris Vlieghe - 2019 - Ethics and Education 14 (3):367-382.
    ABSTRACTIn this paper we explore the possibility of rethinking the concept of emotional intelligence within the context of education. By developing a pedagogical dialogue with Michel Henry’s phenomenology of incarnation, we try to move beyond existing models of emotional intelligence by shifting the emphasis from the intellectual significance of emotion to a more original incarnate affectivity within intelligence, understood as lived sense-making. We claim that this ontological and ontogenetic perspective on emotion puts it at the heart of education. Yet only (...)
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