We have argued here that to attribute criminal responsibility to psychopathic individuals is to ignore substantial and growing evidence that psychopathic individuals are significantly impaired in moral understanding. They do not appear to know why moral transgressions are wrong in the full sense required by the law. As morally blameless offenders, punishment as a basis for detention cannot be justified. Moreover, as there are currently no successful treatment programs for psychopathy, nor can detention be justified on grounds of treatment. (...) Instead, we argue detention on the grounds of self- defence, due to the severe and continuing threat posed by the psychopathic criminal. (shrink)

If the legitimacy of international humanitarian and human rights law lies, in part at least, in its capacity to confront dehumanising actions in the modern world, we may speak of the limits of this achievement. It is well known that people who commit genocide or crimes against humanity typically dehumanise those against whom their crimes are committed and that the humanitarian and human rights dimensions of international law were developed in response to the radicalisation of this phenomenon. The expanded scope (...) of international criminal justice caught a cosmopolitan imagination because it seemed to restore an idea of humanity in the face of organised attempts to eradicate the very idea of universal humanity. It also caught a cosmopolitan imagination because it seemed to restore the humanity of the perpetrators as well. They were no longer to be treated as beasts liable to the 'punishment' of the victors but to be brought to trial, held accountable for their deeds and converted back into responsible human beings. Today, however, I suggest that we face a double temptation: in confronting those who commit crimes against humanity to represent them as inhuman monsters rather than responsible human beings; in our compassion for victims of crimes against humanity, it is to represent them merely as victims and not as moral and political subjects. In either case, there can arise a reversal of the problem we are trying to address. I do not suggest this tendency is inevitable but where it is present it indicates an insufficiently reflective relation to international law. I address the problem of reversal through a discussion of three authors (Rawls, Habermas and Arendt) and three issues ('pariah peoples', 'criminal states' and 'monstrous perpetrators'). (shrink)

Among the advocates of expressive theories of punishment, there is a strong consensus that monetary fines cannot convey the message of censure that is required to punish serious crimes or crimes against the person. Money is considered an inappropriate symbol to express condemnation. In this article, I argue that this sentiment is correct, although not for the reasons suggested by advocates of expressivism. The monetary day-fine should not be understood as a simple deprivation of money, but as a punishment (...) that reduces the offender’s capacity to consume for a certain period of time. Conceived in this manner, I argue that it is perfectly suitable to convey censure. However, the practical impossibility of ensuring that the person who pays the fine is the same person who has been convicted of the offense seriously undermines the acceptability of the monetary fine as an instrument of censure. Minimizing the risk of the fine’s hard treatment being transferred to third parties is a necessary condition for the monetary fine to be considered a viable alternative to lengthy prison sentences. (shrink)

Hacia fines del siglo XIX y principio del XX se desarrolla en la Argentina un importante debate en torno al derecho penal, en el que muchos intelectuales, formados bajo la influencia del biologicismo darwiniano, intervienen para cuestionar el Código Penal, vigente desde 1887. En nuestro trabajo analizamos los desarrollos de José Ingenieros sobre el tema, profundizando el estudio de los conceptos que propone y atendiendo a la transformación radical que éstos implican en lo que hace a la comprensión del derecho, (...) de la delincuencia y de su tratamiento. A lo largo del trabajo reconocemos en las formulaciones de Ingenieros una renovación del campo conceptual en el tratamiento del delito, de acuerdo con un nuevo esquema de estudio e investigación de la delincuencia, una nueva clasificación de los sujetos criminales y nuevo sentido para la institución jurídica. A partir de allí analizamos sus consecuencias en términos de un nuevo mapa disciplinar para el tratamiento de la delincuencia, en el que la psicología pasaría a ocupar un rol protagónico, poniendo de manifiesto sus potencialidades para la intervención normalizadora del campo social. In the end of 19th Century and the beginning of the 20th it develops in Argentine an important discussion around penal law, in which many intellectuals, under the influence of Darwinian biologicism, query the Penal Code, current since 1887. In our article we analyze Jose Ingenieros' explanations about this topic, studying the concepts that he proposes and attending to the radical transformation that they imply for the understanding of law, of crime and of its treatment. In this paper we recognize in Ingenieros' formulations a renovation of the conceptual field in the treatment of crime, according with a new outline of the study and investigation of crime, a new criminal's classification and a new sense for the legal institution. We also analyze its consequences in terms of a new disciplinary map for crime's treatment, in which psychology assumes a central place, showing its potentialities for the normalizing intervention in the social field. (shrink)

Recent events have highlighted large-scale systemic racial disparities in U.S. criminal justice based on race and other demographic characteristics. Although criminological datasets are used to study and document the extent of such disparities, they often lack key information, including arrestees’ racial identification. As AI technologies are increasingly used by criminal justice agencies to make predictions about outcomes in bail, policing, and other decision-making, a growing literature suggests that the current implementation of these systems may perpetuate racial inequalities. In (...) this paper, we argue that AI technologies should be investigated to understand how they recognize racial categories and whether they can be harnessed to fill missing race data. By bridging this gap, we can work towards better understanding racial inequalities in a wide range of contexts, most notably criminal justice. Using a multidisciplinary perspective, we rethink the design and methodology used in facial processing technology (FPT) based on supervised deep learning model (DLM) image classification. By modifying standard FPT pipelines to tackle multiple sources of DLM bias, we propose an experimental methodology based on ethical AI principles to generate binary (Black and White) racial categories using mugshots. We go beyond simply reporting DLM accuracies and address fundamental issues such as generalizability and interpretability by using a “self-auditing” approach. First, we evaluate the inference performances of 42 fine-tuned DLMs using unseen test images from the same dataset but subject to varying data augmentations. Next, to interpret and validate our methodological approach, we apply gradient-based saliency maps to assess the consistency of facial region relevance and attribution. Finally, drawing upon insights from three areas (computer science, sociology, and law), we investigate the efficacy of our DLM-based method as a tool for detecting racial inequalities in criminal justice. (shrink)

A number of philosophers have recently become receptive to the idea that, in addition to scientific or causal explanation, there may be a distinctive kind of metaphysical explanation, in which explanans and explanandum are connected, not through some sort of causal mechanism, but through some constitutive form of determination. I myself have long been sympathetic to this idea of constitutive determination or ‘ontological ground’; and it is the aim of the present paper to help put the idea on a firmer (...) footing - to explain how it is to be understood, how it relates to other ideas, and how it might be of use in philosophy. (shrink)

Este estudio busca rescatar el papel del pensamiento antropológico criminal en Chile en la construcción de una nueva imagen del criminal urbano. En tal sentido, se argumenta que las ideas de Lombroso y Bertillón habrían otorgado un respaldo “científico” a prejuicios que estigmatizaban a grupos específicos de la población en las ciudades, como eran los sectores populares. Igualmente, en un período cronológico que abarca desde fines del siglo XIX hasta mediados de la centuria siguiente se puede apreciar cómo (...) los planteamientos centrales de este nuevo saber criminológico habrían ayudado a justificar los criterios y medidas de las autoridades, tendientes a definir una política de defensa social basada en la caracterización de un “enemigo común”, identificable ahora a partir de un registro fotográfico que retrataba asimismo su malsana naturaleza interior, como también por determinados rasgos físicos que revelaban su predisposición biológica al mal. This study seeks to analyze the role of the anthropological depiction of crime in Chile for the construction of a new image of the urban criminal. Accordingly, it is argued that notions of Bertillon and Lombroso would have given “scientific” support to prejudices that stigmatized specific population groups in the popular sectors of the cities. Also, in a chronological period from the end of the 19th century until the middle of the next century, we can see how the main ideas of this new criminological approaches would have helped to justify the criteria and measures taken by the authorities to define a social defense policy based on the characterization of a “common enemy”. This was now identifiable from a photographic record that depicted his unhealthy inner nature, as well as certain physical features that revealed his biological predisposition to evil. (shrink)

abstract ‘Time is money’, Benjamin Franklin's ‘Poor Richard’ tells us. But instead of converting time expenditures into monetary equivalents, it makes more sense in many cases to convert money into temporal equivalents. The difficulty in putting a monetary value on time in unpaid household labour, when adjusting the National Accounts, points to the problems of the first approach. The advantages of the latter approach are illustrated by the Swedish system of specifying criminal fines in terms of the number of (...) days the offender would have to work to pay them off. (shrink)

The law values fairness, proportionality, and predictability. Accordingly, in the context of criminal law, punishments should be carefully calibrated to reflect the harm caused by an offense and the culpability of the offender. Yet, while this would suggest the dominance of “smooth” input/output relationships—for example, such that a minuscule increase in culpability would result in a correspondingly small increase in punishment—in fact, the law is laden with “bumpy” input/output relationships. Indeed, a minuscule change in input (be it of harm, (...) culpability, or any number of other measures) may result in a drastic change in output, creating significant discontinuities. Leading scholars have argued that smooth input/output relationships, which feature careful gradation and calibration, better accord with dominant theories of punishment than do bumpy relationships, which lack fine-tuning. Accepting as a starting premise that smooth input/ output relationships are to be preferred in the criminal law, this Article focuses on the significant doctrinal and practical impediments to smoothing out these relationships. This analysis reveals challenges to smoothing out relationships between inputs and outputs, as well as the difficulties associated with addressing discontinuous relationships among inputs and outputs. Specifically, it exposes the law’s classification of inputs and outputs itself as contestable and responsible for a range of hard-to-resolve discontinuities. In doing so, this Article begins the task of laying the groundwork for further analysis and possible reforms. (shrink)

abstract ‘Time is money’, Benjamin Franklin's ‘Poor Richard’ tells us. But instead of converting time expenditures into monetary equivalents, it makes more sense in many cases to convert money into temporal equivalents. The difficulty in putting a monetary value on time in unpaid household labour, when adjusting the National Accounts, points to the problems of the first approach. The advantages of the latter approach are illustrated by the Swedish system of specifying criminal fines in terms of the number of (...) days the offender would have to work to pay them off. (shrink)

Neuroimaging showing brain abnormalities is increasingly being introduced in criminal court proceedings to argue that a defendant could not control his behavior and should not be held responsible for it. But imaging has questionable probative value because it does not directly capture brain function or a defendant’s mental states at the time of a criminal act. Advanced techniques could transform imaging from a coarse-grained measure of correlations between brain states and behavior to a fine-grained measure of causal (...) connections between them. Even if this occurs, bias and other attitudes may unduly influence jurors’ interpretation of the data. Moreover, judges’ decisions about whether neuroimaging data is legally relevant and admissible are normative decisions based on more than empirical evidence. Advanced neuroimaging will better inform assessments of criminal responsibility but will not supplant or explain away the psychological and normative foundation of the criminal law. (shrink)

I lay down a system of structural rules for various notions of ground and establish soundness and completeness.

Kit Fine develops a Fregean theory of abstraction, and suggests that it may yield a new philosophical foundation for mathematics, one that can account for both our reference to various mathematical objects and our knowledge of various mathematical truths. The Limits ofion breaks new ground both technically and philosophically.

Corporate violations of the law are occurring with increasing frequency and with increasing public attention. Solutions to date have proved ineffectual because of the problem of determining whom is to be punished for the offense of the corporation. Instead of individual jail terms or corporate fines, we propose that the dissolution of the corporation be considered as a more effectual means of conforming corporate behavior to the norms of the legal system.

Should offenders with psychopathy or those exhibiting extreme forms of antisocial behav- iour be considered criminally responsible? The current debate seems to have reached a stalemate. Several scholars have argued that neuropsychologi- cal data on individuals with psychopathy might be relevant for determining their criminal responsibil- ity. However, relying on such data has not produced a consensus among legal scholars and philosophers on whether individuals with psychopathy should be excused from responsibility. We offer a diagnosis about why this debate (...) has reached a standoff. We argue that part of the problem is that psychopathy, being a syndrome-based category, is too heterogeneous and thus offers low prospects for being integrated with neuropsychological data that might support significant conclusions about the criminal responsibility of individuals with psychopathy. Moreover, the construct of psychopathy was not originally devised to discriminate criminally accountable from unac- countable antisocial individuals. To overcome these difficulties and advance the debate, we extend a currently less discussed theoretical framework for bridging biopsychology and the law that focuses on neuropsychological constructs, domains, and processes that directly measure capacities of offenders that are relevant for criminal responsibility, without necessarily relying on mediating syndrome-based constructs. The novelty of our contribution is that the biopsy- chological bases of exculpation can be further devel- oped and used for determining more fine-grained cat- egorisations of antisocial personality types. We show how this framework provides guidelines for inter- disciplinary research that can significantly advance our understanding of the preconditions for criminal responsibility and help the legal practice of ascribing or withholding it. (shrink)

I propose formulating identity criteria as generic statements of ground, thereby avoiding objections that have been made to the more usual formulations.

Are there, in addition to the various actual objects that make up the world, various possible objects? Are there merely possible people, for example, or merely possible electrons, or even merely possible kinds? We certainly talk as if there were such things. Given a particular sperm and egg, I may wonder whether that particular child which would result from their union would have blue eyes. But if the sperm and egg are never in fact brought together, then there is no (...) actual object that my thought is about. Or again, in the semantics for modal logic we presuppose an ontology of possibilia twice over. For first, we countenance various possible worlds, in addition to the actual world; and second, each of these worlds is taken to be endowed with its own domain of objects. These will be the actual objects of the world in question, but they need not be actual simpliciter, i.e., actual objects of our world. What are we to make of such discourse? There are four options: (i) the discourse is taken to be unintelligible; (ii) it is taken to be intelligible but nonfactual, i.e. as not in the business of stating facts; (iii) it is taken to be factual but reducible to discourse involving no reference to possibilia; (iv) it is taken to be both factual and irreducible. These options range from a full-blooded form of actualism at one extreme to a full-blooded form of possibilism at the other. The two intermediate positions are possibilist in that they accept the intelligibility of possibilist discourse but actualist in that they attempt to dispense with its prima facie commitment to possibilia. All four positions have found advocates in the literature. Quine, in his less irenic moments, favours option (i); Forbes advocates option (ii), at least for certain parts of possibilist discourse; many philosophers, including Adams and myself, opt for (iii); while Lewis and Stalnaker have endorsed versions of (iv), that differ in how full-blooded they take the possible objects to be.. (shrink)

According to the Finnish Penal Code a corporation may be sentenced to a corporate fine if a person who is part of its statutory organ or other management or who exercises actual decision-making authority therein 1) has been an accomplice in an offence or allowed the commission of the offence, or 2) if the care and diligence necessary for the prevention of the offence has not been observed in the operations of the corporation. Criminal liability of legal persons (...) is based on the intentional or negligent acts of individuals who are in a certain relationship with the corporation. The Finnish legal doctrine clearly rejects the identification theory according to which an individual is considered as acting not for a company but as a company. According to Finnish scholarly writings, the acts of an individual offender could be attributed to the legal person under certain conditions not as acts of the legal person but as acts of the individual for the company. Nonetheless, Finnish law does not abandon the fault requirement. In this respect, Finnish law differs from the traditional common law theory of vicarious liability. (shrink)

A rule- utilitarian appraisal of criminal law requires that the total system, including punishments, is justified only if it will expectably maximize public benefit, including its stigmatizing some behaviors as "offenses" and its prescribed punishment of these, such as imprisonment, with (possible) deterrent effects. In view of the paucity of evidence about the deterrent effect of prison sentences, some changes seem to be in order: reduction in the length of incarceration, replacement of prison by fines or restrictions on the (...) convicted such as house arrest for many hours of a day, intensive supervision, required community service (say thirty hours in place of a month in prison), enrollment in a drug program or therapy in the case of sex offenses, and so on. An evaluation of such proposals should be based on statistics and the psychology of criminal behavior. (shrink)

In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes and two fine monographs by Farmer and Tadros. It will shape the field for decades to come; (...) and it has decisively laid to rest a longstanding puzzle about why, within criminal law theory, the principles underlying criminalisation had received relatively little attention as compared with those underlying, most obviously, criminal responsibility. (shrink)

The theory of embodiment is used in providing an account of the identity of acts and in providing solutions to various puzzles concerning acts.

Selections seeks to provide an accurate and readable translation that will allow the reader to follow Aristotle's use of crucial technical terms and to grasp the details of his argument. Unlike anthologies that combine translations by many hands, this volume includes a fully integrated set of translations by a two-person team. The glossary--the most detailed in any edition--explains Aristotle's vocabulary and indicates the correspondences between Greek and English words. Brief notes supply alternative translations and elucidate difficult passages.

Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter states: A (...) freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contenement”; and a merchant in the same way, saving his “merchandise”; and a villein shall be amerced in the same way, saving his “wainage” if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. An analysis of this article undoubtedly leads us to the basic principles of the contemporary systems of fine, namely the daily-fine system introduced in the Macedonian Criminal Code in 2004 according to which the fine will be calculated and pronounced according to the gravity of the offence and the financial state and condition of the perpetrator. As one can notice, the gravity of the offence and the saving of the perpetrators “contenement” from the abovementioned article of the Great Charter refer to the aforesaid principles. In this article, a comparison will be made on the meaning of the term “amercement” and its similarities and differences with the modern financial penalties and measures in the criminal law from comparative perspective, to find which one corresponds to the latter: fine, assets forfeiture or compensation of damages made with the criminal offence. (shrink)

I provide a brief history and some philosophical reflections on the development of the method of abstraction in mathematics during the late nineteenth and early twentieth century.

I present a novel account of unconditional obligation and of its relationship to conditional obligation and bring this account to bear upon Chisholm's puzzle concerning contrary-to duty obligation.

In this paper, I explore whether harsh treatment fails to respect the criminal as a person. I focus on the most extreme treatment because if such treatment can satisfy the duty to respect a criminal as a person then less extreme cases (e.g., incarceration, fines, shaming practices) can also do so. I begin by filling out the notion of a duty to respect a person. Here I set out an account of autonomy and then show that it grounds (...) the duty to respect a person. Next, I use this account of the duty to lay out a three-part test for whether harsh treatment respects a criminal as a person. I then apply this test and conclude that it does where the treatment does not infringe on the criminal’s rights, exploit him, or express contempt for him. (shrink)

Plato on Knowledge and Forms brings together a set of connected essays by Gail Fine, in her main area of research since the late 1970s: Plato's metaphysics and epistemology. She discusses central issues in Plato's metaphysics and epistemology, issues concerning the nature and extent of knowledge, and its relation to perception, sensibles, and forms; and issues concerning the nature of forms, such as whether they are universals or particulars, separate or immanent, and whether they are causes. A specially written (...) introduction draws together the themes of the volume, which will reward the attention of anyone interested in Plato or in ancient metaphysics and epistemology. (shrink)

In recent years, a growing discussion about how we should design our cities has emerged, particularly for the more controversial modes of design such as “defensive,” “hostile,” or “disciplinary” architecture (i.e., benches on which one cannot sleep, or metal studs on which one cannot skate). Although this debate is relatively mature, many studies have argued that these design notions are undertheorized and are, thus, challenging to study from an empirical and normative perspective. In this paper, I will defne the most (...) common terms used in the literature and show how they are interconnected by utilizing a set of “conditions of adequacy” from philosophy to facilitate a more transparent and well-grounded discussion of them. Terms such as “hostile” and “defensive” design are underlined by several diferent phenomena, not just one as is sometimes commonly assumed. I will also show that these phenomena and their conceptualizations require—and sometimes force us to use—diferent moral reasons when justifying the utilization of diferent designs. (shrink)

Trust is often perceived as having great value. For example, there is a strong belief that trust will bring different sorts of public goods and help us preserve common resources. A related concept which is just as important, but perhaps not explicitly discussed to the same extent as “trust”, is “reliance” or “confidence”. To be able to rely on some agent is often seen as a prerequisite for being able to trust this agent. Up to now, the conceptual discussion about (...) the definition of trust and reliance has been rational in the sense that most people involved have offered arguments for their respective views, or against competing views. While these arguments rely on some criterion or other, these criteria are rarely explicitly stated, and to our knowledge, no systematic account of such criteria has been offered. In this paper we give an account of what criteria we should use to assess tentative definitions of “trust” and “reliance”. We will also offer our own well-founded definitions of “trust” and “reliance”. Trust should be regarded as a kind of reliance and we defend what we call “the accountability view” of trust, by appealing to the desiderata we identify in the first parts of the paper. (shrink)

The interest in "social sustainability" has recently increased in the field of urban development. We want societies, cities, and neighborhoods to be economically and environmentally sustainable, but we also want urban areas that are safe, diverse, walkable, and relaxing, just to mention a few examples. Strikingly, however, there is no consensus regarding what definition of "social sustainability" should be employed. Additionally, some people are skeptical about the prospect of finding a useful definition at all and claim it is impossible to (...) satisfactorily define the concept for various reasons, such as its complexity. A potential first step towards navigating this conceptual maze is to provide desiderata for a definition of social sustainability. We defend a list of nine desiderata and thereby create a theoretical framework for analyzing and constructing a definition of "social sustainability". We also examine the skeptical arguments and find that it is premature to conclude that the goal of finding a useful definition is hopeless. With the criteria in place, the future debate can proceed by assessing definitions of "social sustainability" in a more structured and transparent manner. This activity is of upmost importance if we want to create just cities. Keywords: Social Sustainability, Definition, Purposes and Aims, Conditions of Adequacy. (shrink)

For many years, some urban architecture has aimed to exclude unwanted groups of people from some locations. This type of architecture is called “defensive” or “hostile” architecture and includes benches that cannot be slept on, spikes in the ground that cannot be stood on, and pieces of metal that hinder one’s ability to skateboard. These defensive measures have sparked public outrage, with many thinking such measures lead to suffering, are disrespectful, and violate people’s rights. In this paper, it is argued (...) that these views are difficult to defend and that much more empirical research on the topic is needed. (shrink)