America frequently talks about impeaching a president, but the impeachment provisions of the American constitution are widely misunderstood. In High Crimes and Misdemeanors, constitutional scholar Frank O. Bowman, III offers unprecedented clarity to the question of impeachment, tracing its roots to medieval England through its adoption in the Constitution and 250 years of American experience. By examining the human and political history of those who have faced impeachment, Bowman demonstrates that the Framers intended impeachment to be a flexible tool, (...) adaptable to the needs of any age. Written in a lively, engaging style, the book combines a deep historical and constitutional analysis of the impeachment clauses, a coherent theory of when impeachment should be used to protect constitutional order against presidential misconduct, and a comprehensive presentation of the case for and against impeachment of President Trump. It is an indispensable work for the present moment. (shrink)

This book charts the historical development of 'forensic objectivity' through an analysis of the ways in which objective knowledge of crimes, crime scenes, crime materials and criminals is achieved. Taking an interdisciplinary approach, with authors drawn from law, history, sociology and science and technology studies, this work shows how forensic objectivity is constructed through detailed crime history case studies, mainly in relation to murder, set in Scotland, England, Germany, Sweden, USA and Ireland. Starting from the (...) mid-nineteenth century and continuing to the present day, the book argues that a number of developments were crucial. These include: the beginning of crime photography, the use of diagrams and models specially constructed for the courtroom so jurors could be ‘virtual witnesses’, probabilistic models of certainty, the professionalization of medical and scientific expert witnesses and their networks, ways of measuring, recording and developing criminal records and the role of the media, particularly newspapers in reporting on crime, criminals and legal proceedings and their part in the shaping of public opinion on crime. This essential title demonstrates the ways in which forensic objectivity has become a central concept in relation to criminal justice over a period spanning 170 years. (shrink)

A solution to the problem of “overcriminalization” appears to be decriminalization of certain crimes. This Essay focuses on a group of crimes that has been labeled “proxy crimes” as a candidate to be eliminated. What are proxy crimes? Douglas Husak defines them as “offenses designed to achieve a purpose other than to prevent the conduct they explicitly proscribe.” Michael Moore describes them as involving situations where we “use one morally innocuous act as a proxy for another, morally wrongful act or (...) mental state.” Put that way, proxy crimes seem highly problematic, and Larry Alexander and Kimberly Ferzan bluntly put it, “We reject proxy crimes.” This Essay asks whether we should reject proxy crimes by presenting and evaluating Alexander and Ferzan’s treatment of the subject. After describing several different types of crimes that may be characterized as proxy crimes and Alexander and Ferzan’s rejection of most of them and their arguments for doing so, this Essay argues that their rejection of proxy crimes is incomplete, which leaves their theory open to a range of possibilities regarding the proper place of proxy crimes in criminal law. This Essay concludes that getting a handle on the problem of proxy crimes and overcriminalization requires a theory of the state and an articulation of the proper relationship between the state and its citizens that can give guidance on when the state can demand obedience from citizens to support the state and when failures to comply with such demands render one criminally culpable. Without such a theory, proposals to address overcriminalization cannot travel very far. (shrink)

Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic (...) responsibility must include a responsibility to report one’s own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law’s enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen’s arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to ‘take the law into their own hands’? (shrink)

Scholars depict punishment as a moral dialogue between the community and the offender, which addresses both the offender’s crime and character. However, how the penal message evolves vis a vis that crime and character as it passes through the different stages of the criminal process has remained under-theorized. This article, building on communicative theory, explores the interrelation between crime and character along the penal process, from sentencing, through prison, to parole release. We argue that in the penal (...) dialogue the relationship between crime and character evolves in a dynamic way through three phases: separateness (sentencing), fusion (prison), and re-distinction (parole) of crime and character. The proposed analysis develops the communicative meaning of the penal process, provides a normative account of the work of punishment administration authorities, and explores applications of our proposed normative analysis for the administration of the punishment. (shrink)

Recent developments in neuroscience and social science are illuminating the critical importance of regret in human choices, including criminal decision making. After differentiating regret from related emotions (e.g., disappointment, sadness, shame), I argue that regret can prompt desistance from crime and that regret avoidance is a powerful mechanism of conformity. I then turn to American and European penal history to demonstrate that the invention of the prison was premised on the notion that solitary confinement could inculcate regret in (...) prisoners and thereby change them profoundly. The place of regret in both historical and emerging thinking about human choice underscores its importance for understanding the connections between emotions and criminality. (shrink)

Gabriel Tarde, along with Durkheim and others, set the foundations for what is today a common-sense statement in social science: crime is a social phenomenon. However, the questions about what social is and what kind of social phenomenon crime is remain alive. Tarde’s writings have answers for both of these capital and interdependent problems and serve to renew our view of them. The aim of this article is to reconstruct Tarde’s definition of crime in terms of genus (...) and specific difference, exploring his criminology as a case of his general sociology. This procedure shows that Tarde succeeded in creating a comprehensive theory of crime and criminals founded not only on his most well-known concept, imitation, but also on his equally important concepts of invention, opposition, social logic and social teleology. For Tarde, crime is a complex phenomenon related to criminal inventions, criminal propagations, the production of penal laws, the execution of controls and punishments, and the collective reactions to all these. (shrink)

The purpose of the study is to reveal the essence of economic security in the Internet environment, to identify and analyze statistical data on this issue. The scientific novelty of the study lies in the fact that for the first time a comparison with foreign practice is made. As a result, some places that require improvement in this area are identified, the essence and understanding of new terms are revealed, and the principle of neural networks is explained. This work is (...) devoted to the problem of the spread of economic crime associated with the use of new technologies. In view of the development of the innovative sphere, the emergence of new technologies, there are also new threats to economic security. The article examines the history of cybercrime in the economic sphere, the basic principles of economic security from the side of new technologies, and provides current statistics on economic crimes from the point of view of the loss of information security by economic entities. Recommendations for reducing the level of economic crime in the information environment are formulated. (shrink)

War, undoubtedly, is an arena of killing, struggle, and weakening the enemy. However, under no circumstances is it a place where any action can be tolerated. Despite the existence of rules and laws governing the behavior of warriors during war, certain actions are considered crimes and prohibited even in times of war. These actions are referred to as "war crimes" and are evaluated within the framework of international humanitarian law. While Islamic jurisprudence does not explicitly use the term "war crimes," (...) the concept and content are deeply rooted in Islamic fiqh books, particularly in sections discussing the ethics and manners of war and expeditions. Islamic law has established provisions and regulations that indicate that a warrior who desires any action during war is not free to do so. It has established strict rules and regulations that regulate the behavior of Muslims within the framework of organizing war and armed conflicts. The ethical rules developed by Islamic law extensively regulate how Muslims should behave during war and conflicts. Islamic law has identified certain categories that should not be targeted during war, and it distinguishes between whether it is legal or illegal to target combatants and non-combatants. The civilian population, as well as specific categories such as the wounded, are considered off-limits and protected. The civilian category includes all individuals who do not participate in war activities, including children, women, and the elderly. It is essential to protect them, ensure that they do not suffer harm, and uphold the principles of humanity. Furthermore, Islamic Sharia has provided rules that protect war captives. They are granted a special status, ensuring their protection and humane treatment. Torturing them or forcing them to convert to Islam is strictly prohibited. The fair treatment of captives and their humane treatment is mandated by Islamic law. It should be noted that Islamic law not only prohibits attacks on individuals but also considers targeting civilian property that is unused by the enemy or resembles a neutral party as a crime. These include places such as hospitals, places of worship, historical and archaeological sites. The historical experience of Islam presents the most significant reflection of these rules established by Islamic law. Throughout Islamic history, during the prophetic period and the subsequent caliphal conquests, Muslims adhered to these rules, and history has shown that Muslim wars were more humane. During these periods, respect for human rights was maintained towards the enemy, and war crimes were not committed. Islam, being a religion that prioritizes peace and justice, aims for wars to be conducted in a fair and humane manner. Thus, Islamic law has implemented significant regulations to protect civilian and military targets, ensure the humane treatment of war captives, and conduct war in a more humane manner. Islamic principles and legal rules aim to uphold respect for human values even during times of war. (shrink)

In this paper I argue that when states commit, assist, or culpably fail to prevent crimes against humanity against their own people, they should, subsequently, have primacy in prosecuting those crimes. They have a presumptive right (and duty) to punish perpetrators, and so a claim against third parties not to do so. In contrast to those who emphasise the importance of national sovereignty, I set out a victim-centred justification for this claim. I argue that victims of crimes against humanity, and (...) members of groups that have been targeted for these crimes, have a special interest in having their status as members of their political community re-affirmed. Punishment by their state of war-related crimes against them has the expressive function of re-affirming their status as equal members of their national community, and the state’s commitment to protecting their rights. I set out some reasons to think that this is valuable for victims and members of targeted groups. These interests, I argue, are weighty enough to ground the primacy of states in prosecution. (shrink)

ON DECEMBER 10, 1991 Charles Shonubi, a Nigerian citizen but a resident of the USA, was arrested at John F. Kennedy International Airport for the importation of heroin into the United States.1 Shonubi's modus operandi was ``balloon swallowing.'' That is, heroin was mixed with another substance to form a paste and this paste was sealed in balloons which were then swallowed. The idea was that once the illegal substance was safely inside the USA, the smuggler would pass the balloons and (...) recover the heroin. On the date of his arrest, Shonubi was found to have swallowed 103 balloons containing a total of 427.4 grams of heroin. There was little doubt about Shonubi's guilt. In fact, there was considerable evidence that he had made at least seven prior heroin-smuggling trips to the USA (although he was not tried for these). In October 1992 Shonubi was convicted in a United States District Court for possessing and importing heroin. Although the conviction was only for crimes associated with Shonubi's arrest date of December 10, 1991, the sentencing judge, Jack B. Weinstein, also made a ®nding that Shonubi had indeed made seven prior drug-smuggling trips to the USA. The interesting part of this case was in the sentencing. According to the federal sentencing guidelines, the sentence in cases such as this should depend on the total quantity of heroin involved. This instruction was interpreted rather broadly.. (shrink)

The U.S. Catholic Bishops (2000) have endorsed a model of criminal justice that is restorative rather than retributive. Some interpreters of Catholic tradition defend retribution as a necessary feature of responding to crime (e.g., John Finnis). I argue in this paper that this difference is substantive, not merely linguistic. The essential question is what elements of past Catholic thinking about criminal justice are normative for today. I argue that there are strong moral reasons,consistent with both Catholic tradition and larger (...) principles of social justice, to endorse the bishops’ statement on criminal justice reform, and with it a restorativeapproach to crime. (shrink)

The U.S. Catholic Bishops (2000) have endorsed a model of criminal justice that is restorative rather than retributive. Some interpreters of Catholic tradition defend retribution as a necessary feature of responding to crime (e.g., John Finnis). I argue in this paper that this difference is substantive, not merely linguistic. The essential question is what elements of past Catholic thinking about criminal justice are normative for today. I argue that there are strong moral reasons,consistent with both Catholic tradition and larger (...) principles of social justice, to endorse the bishops’ statement on criminal justice reform, and with it a restorativeapproach to crime. (shrink)

Systematic killing has long been associated with some of the darkest episodes in human history. Increasingly, however, it is framed as a desirable outcome in war, particularly in the context of military AI and lethal autonomy. Autonomous weapons systems, defenders argue, will surpass humans not only militarily but also morally, enabling a more precise and dispassionate mode of violence, free of the emotion and uncertainty that too often weaken compliance with the rules and standards of war. We contest this (...) framing. Drawing on the history of systematic killing, we argue that lethal autonomous weapons systems reproduce, and in some cases intensify, the moral challenges of the past. Autonomous violence incentivizes a moral devaluation of those targeted and erodes the moral agency of those who kill. Both outcomes imperil essential restraints on the use of military force. (shrink)

This essay enquires into the implications for criminal law of Derrida’s analysis in the Death Penalty seminars. The seminars include a reading of Kant’s Metaphysics of Morals, specifically Kant’s reflections on the sovereign right to punish, which is read in conjunction with the reflections of Freud and Reik on the relation between the unconscious and crime, as well as Nietzsche’s reflections on morality, punishment and cruelty. What comes to the fore in Derrida’s analysis is a system of economic exchange (...) operating on an unconscious level, of which criminal law forms an intrinsic part. Derrida’s analysis of the ‘origin’ of crime in the seminars poses serious questions to the assumption of freedom underlying modern criminal law. The link, which he posits between punishment and political theology, likewise challenges the existing theories and forms of punishment. What the seminars call for, in the name of the Kantian Enlightenment, is a radical break with economic circularity as it operates in respect of crime and punishment. (shrink)

Rates of crime for Blacks in the United States in the post-slavery era have always been high relative to Whites. But explaining, or minimizing, this fact faces a major problem: individual excuses for bad acts point to deficiencies, in the agent, which are perhaps forgivable, such as mental deficiency or a deprived childhood, but at the price of treating the agent as less than a full member of the moral community. Collectivizing excuses risks implying group inferiority. The history (...) of attempts to provide an explanation of crime that mitigates blame without undermining full participation to the moral community is long and convoluted, leading to the presently widespread claim that crime is itself a product of victimization through pervasive racism. Three basic strategies – rejection of comparison, attribution to racially invariant causes and explanation by reference to uniquely Black conditions, such as subculture or extreme stigmatization – are identified and their ethical implications distinguished. (shrink)

This essay considers the relationship between crime, punishment and individual liberty in three main thinkers of the Enlightenment: Montesquieu, Beccaria and Bentham. It examines the development of the idea of a proportion between crime and punishment and challenges the view that the eighteenth-century Enlightenment was engaged in the creation of a new form of oppression through a system of rational punishment which was intended to replace that of the medieval period.

The article discusses the link between freedom, crime and punishment. According to some theorists, crime does not only cause a person to have less freedom; it constitutes, _in and of itself_, a breach of the freedom of others. Punishment does not only cause people to have more freedom, for instance by preventing crimes; it constitutes, _in and of itself_, respect for mutual freedom. If the latter claims are true, crime and punishment must have certain _meanings_ that make (...) them denials/affirmations of freedom irrespective of their consequences. My aim is to show that such an immanent connection between crime/punishment and freedom exists. I do so by explicating the “natural meaning” of crime and punishment. This way of addressing the topic is inspired by Jean Hampton’s use of H. P. Grice’s concept of natural meaning. Expanding on Hampton’s theory, drawing on both H. L. A. Hart and Kant, I argue that crime has the natural meaning of denying freedom, and punishment has the natural meaning of affirming freedom. The paper presents an ideal theory, not a justification for actual criminal justice practices, which in most countries unfortunately fail to instantiate the value of mutual freedom. (shrink)

Crime stories attract audiences and social buzz, but they also serve as prisms for perceived threats. As immigration, technological change, and globalization reshape our world, anxiety spreads. Because journalism plays a role in how the public adjusts to moral and material upheaval, this unease raises the ethical stakes. Reporters can spread panic or encourage reconciliation by how they tell these stories. Murder in our Midst uses crime coverage in select North American and Western European countries as a key (...) to examine culturally constructed concepts like privacy, public, public right to know, and justice. Working from close readings of news coverage, codes of ethics and style guides, and personal interviews with almost 200 news professionals, this book offers fertile material for a provocative conversation. We use our findings to divide the ten countries studied into three media models; we explore what the differing coverage decisions suggest about underlying attitudes to criminals and crime, and how justice in a democracy is best served. Today, journalists' work can be disseminated around the world without any consideration of whether what's being told (or how) might dissolve cultural differences or undermine each community's right to set its own standards to best reflect its citizens' values. At present, unique reporting practices persist among our three models, but the internet and social media threaten to dissolve distinctions and the cultural values they reflect. We need a journalism that both opens local conversations and bridges differences among nations. This book is a first step in that direction. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Stewart R. Sutherland LANGUAGE AND INTERPRETATION IN CRIME AND PUNISHMENT OF some novels it is possible to argue with justification that the problems of interpretation and understanding begin on the first page. Of Dostoyevsky's Crime and Punishment it is possible to contend that the problems of interpretation and understanding begin on the title page. The terms "crime" and "punishment" are overtly moral. The novel is read (...) in the context of a title which exhibits its values where they may be seen by all. What significance must we attach to the choice of such a title? It is possible that the title gives to us a characterization of the content of the novel which, retrospectively, we can only regard as either self-consciously ironical, or perhaps pathetically so, but how are we to decide whether this is more than a possibility? Having raised this question, I propose to set it aside in the hope of returning to it equipped with the experience derived from a number of literary and philosophical digressions. The literary and conceptual style of critical comment upon a novel often betrays much that is definitive of the response being elucidated. If one compares and contrasts Philip Rahv's essay on Crime and Punishment with the appropriate chapter of Mochulsky's Dostoevsky,2 the implication of this general claim may be clarified. My intention here is to use largely ostensive means to suggest the radically different accounts of the novel given to us by these two writers. That the conclusions are different is hardly in need of statement. What is worth examining is the character of the language and of the arguments used to substantiate those conclusions. The point of my discussion will rest not upon assessing the accuracy or legitimacy of particular judgments, but rather upon delineating the general contours of the intellectual contexts in which these judgments are offered. 223 224Philosophy and Literature Rahv's focus is on the character or psyche of Raskolnikov. The novel is seen largely in the form of a psychological study of the mind of the murderer. He reminds us that a central problem for Raskolnikov, for the reader, and for Dostoyevsky himself, is the identification of Raskolnikov's motive—not that there is an absence of motives, indeed quite the reverse: "He is soon lost in the maze of his own motivation" (p. 20). His mind spins incessantly upon an axis the nature of which is nowhere made unambiguously apparent. Nor, it seems, can we replace our search for a motive, or the sufficient reason for action, by identifying a supreme assertion of will: again, on the contrary, we are told, "Dostoyevsky is the first novelist to have fully accepted and dramatized the principle of uncertainty or indeterminacy in the presentation of character" (p. 21). Despite that, however, the success of the novel rests upon Dostoyevsky's skills in allying the insight "... that human consciousness is inexhaustible and incalculable" (p. 19), to "his capacity to combine [seeming contradictions] in a single brain and a single psyche, while staving off the danger of incoherence at one end and of the specious reconciliation at the other..." (p. 38). The mood ofRahv's treatment of the novel is dominated in this way by the language of (largely popularized) psychology—"pathological depression," "nameless guilt-feelings," "wishful fantasy"—and not surprisingly, he sees his own preoccupations as mirroring those of Dostoyevsky: "What Dostoyevsky has done in revising Raskolnikov's justification is to convert into a theory of human nature what is in Hegel not a psychological theory at all but a theory of men as subjects and objects of history" (p. 34). Mochulsky, on the other hand, breathes a very different atmosphere. From the outset he talks of "the spiritual existence of Dostoyevsky's heroes," and he says of a man who wills a murder or one who "betrays himself to the powers of dark necessity" (pp. 302-303), "The murderer has stepped beyond something more than the moral law: the very basis ofthe spiritual worlditself" (p. 303). "The whole tragedy of man-godhood," he tells us, "is expressed in these few words: 'It seems to me,' Raskolnikov says, 'truly great people experience an immense... (shrink)

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal (...) accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

I offer a discussion of the criminological sociology of Ferdinand Tönnies (1855-1936). While Tönnies is generally well known for his theory of Gemeinschaft and Gesellschaft, his elaborate contributions to the sociological study of crime have been almost entirely neglected in the history of sociology. Situated within Tönnies’ general theoretical perspective, I present the central themes of Tönnies’ study of crime and discuss its conceptual and methodological characteristics as a distinct approach in criminological sociology. I additionally center on (...) the importance of Tönnies’ criminological work for the reception and status of his sociological theory. I argue that the neglect of Tönnies’ crime studies has led to overlooking Tönnies’ aspiration to integrate sociological theory and empirical inquiry, which has contributed to misconstrue his unique conception of social order. (shrink)

Volume 31, Issue 1, January 2023, Page 103-126.

In lieu of an abstract, here is a brief excerpt of the content:The Individualization of Crime in Medieval Canon LawVirpi Mäkinen and Heikki PihlajamäkiIn The Mourning of Christ (c. 1305, fresco at Cappella dell'Arena, Padua, Italy), Giotto di Bondone (c. 1267-1337) depicts the Virgin Mary embracing Christ for the last time after he has been taken down from the cross. Whereas his predecessors in the devotional Byzantine tradition concentrated on flat, still figures, Giotto emphasizes their humanity and individuality. The (...) grief on the Virgin's face is touching and convincing but in a slightly different way than the sorrow experienced by St. John or the other accompanying figures. Even the ten angels following the scene seem to grieve for the Redeemer in their own personal way. The individuality of Giotto's figures may not seem much if we compare it with the seventeenth-century Flemish masters. Giotto's Virgin and her company still show a restraint in their grief which does not seem entirely natural. In late medieval art, however, Giotto's approach was fresh and new, reflecting a trend toward individualization which was not peculiar merely to art but was taking over many other areas of late medieval life as well. Philosophy, theology, and law—the medieval scientiae—were all putting increasing emphasis on the rights and responsibilities of the individual.Nor does this trend leave criminal law and the law of evidence untouched. The medieval development of law was just as revolutionary as the development of other branches of knowledge. Starting in early twelfth-century Bologna, the Corpus Iuris Civilis became an object of systematic academic research and teaching for the first time in history. The development of canon law was perhaps even more striking. Positive, enacted law first became not only an object of academic studies but also an instrument of social engineering in the domain of church law. The hierarchical structure of the worldwide Catholic Church was built and run in conjunction with positive, enacted legislation.1 [End Page 525] The development of criminal law was just as innovative as the changes that took place in other branches of law, with canon lawyers taking the lead. Aspiring for universal power and competing for it with secular rulers, the Church was in need of an efficient system to control disobedient priests and monks and suppress heretical movements.2 The traditional system of criminal control was clearly not sufficient. Canon law, making use of the contemporary trend toward increased individualization in theology, philosophy, and Roman law, was developed to meet the church's need to master the situation.One of the most important and influential developments in thirteenth-century criminal law concerned the individual's criminal intention and responsibility. Before the change criminal responsibility was mainly based on the consequences of a crime. The canon lawyers began to determine different modes of subjective responsibility. In the law of criminal evidence the individual was also shifted from the margins to the center of attention. Earlier criminal evidence had been produced from sources external to the individuality of the defendant, such as oaths, compurgators, and ordeals. In the thirteenth century and with the development of the so-called statutory or legal theory of proof, increasing attention was paid to the stories of both the defendant (in the form of confessions) and the witnesses. The development of criminal law and criminal procedure in the thirteenth and fourteenth centuries can be understood in the context of the simultaneous trend toward individualization that took place in moral philosophy and theology as well as in canon law.3 These connections are not the only way of understanding the modernization of canon criminal law, for the prevailing view sees the transformation in conjunction with the twelfth-century hierarchization and centralization of church bureaucracy. The particular form that the criminal law and law of proof assumed in these changes did not arise out of a vacuum but, however, has to be understood in relation to the neighboring fields of thought.The Human Will and the Individual in Medieval Moral PhilosophyThe primus motor of medieval philosophy, Aristotelianism, encountered its first competing theories in the thirteenth century. One of the most far-reaching ideas concerning human psychology and behavior, developed by the Franciscans... (shrink)

In the face of violent crime, mothers are often the most vocal in fighting for justice. When those mothers are also active in a Christian Church, they are well versed in the motifs of sacrifice and forgiveness. From a feminist perspective, these motifs have been severely criticised for weighing more heavily on women than men, given Christianity’s long history of teaching the submission of women and the dominance of men, and, further, have been instrumental in keeping women in (...) abusive relationships. This paper will ask whether: when faced with the traumatic loss of a daughter or son due to the violent actions of another, are the motifs of sacrifice and forgiveness equally problematic or do they help mothers through their grief? Is forgiveness another form of sacrifice required of Christian mothers in the aftermath of violent crime? Does a mother’s fight for justice require that she does not forgive the perpetrator? How do mothers navigate their Christian faith and these varied motifs in recovering from the traumatic grief that they experience following sudden bereavement? This paper will explore these questions by engaging with the accounts of, for example, Julie Nicholson, the Anglican Priest, whose daughter was killed in the 7/7 bombings in London in 2005; Doreen Lawrence, whose son, Stephen, was murdered in a racist attack in London in 1993; Sybrina Fulton and Lucy McBath, whose sons, Trayvon Martin and Jordan Davis, were fatally shot in separate incidents in Florida in 2012; and mothers affected by the Grenfell Tower fire in London in 2017. (shrink)

I argue that two aims can be detected in Fichte’s theory of punishment: a technical aim that concerns adopting the appropriate means of punishing the criminal with a view to ensuring public securit...

ABSTRACT I argue that two aims can be detected in Fichte’s theory of punishment: a technical aim that concerns adopting the appropriate means of punishing the criminal with a view to ensuring public security and an aim that suggests respect for the criminal’s humanity, namely reform. There is shown to be a tension between these two aims in that the state’s right to punish presupposes the criminal’s loss of humanity defined in terms of his or her freedom. The source of (...) this tension can be traced back to Fichte’s contractual explanation of the state’s right to punish, rather than to some inconsistency on his part. Fichte argues that the criminal should, if possible, be granted the opportunity to reform him or herself, allowing him or her to re-enact the ‘civil contract’ and thereby become again a rights-bearing legal entity. Ultimately, however, the criminal’s humanity, in so far as it has any legal standing, is something that remains within the state’s power to grant or deny him or her according to whether or not it judges that the technical aim of punishment can be achieved, as I show with reference to the example of a criminal with a ‘formally bad’ will. (shrink)

Purpose. The paper considers the establishment of the paradigmatic determinants of the understanding of crime on the basis of fundamental changes in understanding of the essence of a man in ancient, medieval, Renaissance, modern and postmodern philosophy. Theoretical basis. The author determines that the understanding of the concept of crime is possible only in the combination of historical, philosophical, legal and sociological approaches. The interpretation of the essence of this concept dynamics and relevant legal practices is based on (...) structuralist, post-structuralist and hermeneutical methodological principles. Originality. The author has proved that the concept of "crime" is not a constant but a historically variable category whose dynamics of meanings is linked to a change in philosophical anthropological paradigms. Its understanding is primarily related to the interpretation of the essence of a man and the imperatives of his behavior. This allows a new understanding of the philosophical foundations of modern criminology. Conclusions. The article establishes that in the history of Western philosophy, there are five anthropological paradigms that differ in a thorough rethinking of the essence of a man. The first cosmocentric regards man as a microcosm, his soul and actions must be in harmony with the harmony of the Cosmos. The second Theocentric considers a man the image and likeness of God, though he is at the same time burdened with original sin. In the era of early Modernism, the third paradigm, which we called cognitive-centric, becomes dominant, since the essence of a man is reduced primarily to his mind. It gradually changes to the fourth – sociocentric, which focuses on the social essence of a man. However, despite its continued existence in our time, at the end of the XX century, there is a transition to the fifth paradigm – postmodernist, which deconstructs the essence of a man, reducing it to the role of an element of power systems. These paradigms, with a certain synchronicity, create the corresponding concepts of "crime": from violation of polis-space laws to identification with sin, from non-observance of mental and moral standards to social deviance. Contemporary understandings of crime are, for the most part, relativistic and constructivist, which is consistent with the postmodern anthropological paradigm. However, the diversity of interpretations of the concept of "crime" that exists in the current scientific literature needs further comprehension. (shrink)

This book uses controversies as a gateway through which to explore the origins, ethics, key moments and people in the history of anthropology. It draws on a variety of cases including complicity in 'human zoos', Malinowski's diaries, and the Human Terrain System to explore how anthropological controversies act as a driving force for change, how they offer a window into the history of and research practice in the discipline, and how they might frame wider debates such as those (...) around reflexivity, cultural relativism, and the politics of representation. The volume provokes discussion about research ethics and practice with tangible examples where grey areas are brought into sharp relief. The controversies examined in the book all involve moral or practical ambiguities that offer an opportunity for students to engage with the debate and the dilemmas faced by anthropologists, both in relation to the specific incidents covered and to the problems posed more generally due to the intimate and political implications of ethnographic research. (shrink)

Genocide is the intentional destruction of a group as such. What makes groups important, over and above the individual worth of the group's members? This paper explores Hannah Arendt's efforts to answer that question, and concludes that she failed. In the course of the argument, it examines her understanding of Jewish history, her ideas about “the social,” and her conception of “humanity” as a normative stance toward international responsibility rather than a descriptive concept.

Historical outlines of fin-de-siècle European criminology have typically focused on the debate between supporters of Lombrosian anatomical determinism on the one hand, and the more environmentalist (i.e. French) explanations of crime on the other. What has gone largely unnoticed, however, is how the basic tenets of the 'French school' were shaped by an implicit moral concern with mass consumption and indi vidualism, particularly in regard to juvenile crime. This paper examines the psychosocial conception of the juvenile criminal - (...) within the par ticular context of fin-de-siècle culture, social theory and political ideol ogy - to delineate how French criminologists encountered economic modernity and reconceptualized their understanding of the relationship between the child, the family and the state. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.1 (2002) 1-17 [Access article in PDF] What if the Father Commits a Crime? Rui Zhu Apparently, Socrates and Confucius respond similarly to the question if a son should turn in his father in the case of the father's misdemeanor. When Euthyphro, flaring his pride of his moral impartiality, tells Socrates that he is on his way to report his father (...) because he has thrown one of the household slaves into a ditch and left him bound there until he was dead, Socrates says, "Good Heaven! Certainly, Euthyphro, most men would not know how they could do this and be right. It is not the part of anyone to do this, but of one who is far advanced in wisdom." 1According to Socrates, only a man of high wisdom knows how to prosecute his father righteously, but Euthyphro does not appear to have this wisdom. When his interlocutor observes that an upright man in his state would bear witness against his father if he misappropriates a sheep, Confucius contradicts the interlocutor's understanding of uprightness by speaking in a matter-of-fact tone: "In my country the upright men are of quite another sort. A father will cover up for his son, and a son his father—which incidentally does involve a sort of up—rightness." 2Confucius stands on the same line with Socrates but seems the more radical of the two. Socrates does not directly refute Euthyphro and only suggests that he make sure he understands what he is doing before going any further. Socrates is not only typically Socratic—indirect and suggestive—but also sounds so reasonable that Euthyphro appears in contrast to be a reckless youth who harbors [End Page 1] only a faint understanding of morality. Confucius's response is more rigid, for he categorically dismisses an act of the Euthyphroian kind. He demands that father and son cover up for each other in the case of either one's guilt. Compared to Socrates, Confucius advocates the position that seems a little too strong and leaves no room for justice, while Socrates does not have that problem with justice. This is how we feel about Socrates and Confucius on our first impression. The prima facie observations that we make from the remarks of Socrates and Confucius seem both plain and unproblematic.By embedding these remarks into their respective social or philosophical cultures, this paper will show that our previous observations are not quite accurate. The apparent affinity of the Socratic and Confucian stances belies different underlying moral philosophies. We want to use their comments as bridges to explore the early Greek and Confucian ethics and show how different a picture we see after things are examined within their traditions.The issue of a possible father-son conflict may be treated as a case study of the early Greek (the Heroic era until the age of Socrates) and early Confucian (Confucius and Mencius) morals. There is a strong theme in the early Greek morals that allows, or sometimes demands, a son such as Euthyphro to prosecute his father for the sake of justice, because justice, instead of love (philein) or filial piety, is the governing principle in the early Greek ethics. Confucian ethics is founded on love (human-heartedness), which in turn is extended from the love between father and son. All moral principles including justice are derived from this extension of love. The mutual love of father and son then becomes the governing principle in the case of Confucianism. A Guilty Father: The Greek Motif The question, "What if the father commits a crime?" has a certain realistic aroma to a boy coming of age in the Hesiodic Greek world. That father has to be overcome by son before some relief from strife becomes possible is a familiar theme in Greek literature. In Hesiod's Theogony, Uranus (the sky) incurs hatred from all his newborn children since he hides them in their mother Gaia's womb and does not let them return to the light, for no reason... (shrink)

Hailed by The New York Times as "tantalizing" and "learned," A History of Western Morals brings together an impressive range of knowledge of Western civilization. From the ancient cultures of the Near East, through the Ancient Greek and Roman worlds, to the Middle Ages, the Reformation, the Renaissance, the Age of Reason and the twentieth century, Crane Brinton searches human history for the meaning of ethics. A History of Western Morals raises controversial conclusions about the value of (...) religion in society, the practices of sex, the nature of crime and the possibility of progress. (shrink)

As a practising lawyer and judge, it is the insights gained from Stephen's own experience that give an added practical dimension to this work. As well as his accounts of the history of the branches of the law, Stephen gives several fascinating analyses of famous trials, and explores the relation of madness to crime and the relation of law to ethics, physiology, and mental philosophy. His discussion also includes the subjects of criminal responsibility, offences against the state, the (...) criminal jurisdiction of the Privy Council, libel, Indian criminal law and offences against religion. (shrink)

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...) theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

This chapter contains sections titled: What is Patriotism? Pluralism and the Civic Purposes of Education The Ascendancy of Patriotism in American Schools History as Construction Patriotic History9 Partialities and Loyalties Democracy, Social Stability and Coercion World Citizenship Conclusions Acknowledgements Notes References.

In A History of Philosophy in the Twentieth Century , Christian Delacampagne reviews the discipline's divergent and dramatic course and shows that its greatest figures, even the most unworldly among them, were deeply affected by events of their time. From Ludwig Wittgenstein, whose famous Tractatus was actually composed in the trenches during World War I, to Edmund Husserl and Martin Heidegger -- one who found himself barred from public life with Hitler's coming to power, the other a member of (...) the Nazi party who later refused to repudiate German war crimes. From Bertrand Russell, whose lifelong pacifism led him to turn from logic and mathematics to social and moral questions, and Jean-Paul Sartre, who made philosophy an occasion for direct and personal political engagement, to Rudolf Carnap, a committed socialist, and Karl Popper, a resolute opponent of Communism. From the Vienna Circle and the Frankfurt School to the contemporary work of philosophers as variously minded as Jacques Derrida, Jürgen Habermas, and Hilary Putnam. The thinking of these philosophers, and scores of others, cannot be understood without being placed in the context of the times in which they lived. (shrink)

There has been a widespread recovery of public memory of the events of the Second World War since the end of the 1980s, with war crimes trials, restitution actions, monuments and memorials to the victims of Nazism appearing in many countries. This has inevitably involved historians being called upon to act as expert witnesses in legal actions, yet there has been little discussion of the problems that this poses for them. The French historian Henry Rousso has argued that this confuses (...) memory with history. In the aftermath of the Second World War, judicial investigations unearthed a mass of historical documentation. Historians used this, and further researches, from the 1960s onwards to develop their own ideas and interpretations. But since the early 1990s there has been a judicialization of history, in which historians and their work have been forced into the service of moral and legal forms of judgment which are alien to the historical enterprise and do violence to the subleties and nuances of the historian's search for truth. This reflects Rousso's perhaps rather simplistically scientistic view of the historian's enterprise; yet his arguments are powerful and should be taken seriously by any historian considering involvement in a law case; they also have a wider implication for the moralization of the history of the Second World War, which is now dominated by categories such as "perpetrator," "victim," and "bystander" that are legal rather than historical in origin. The article concludes by suggesting that while historians who testify in war crimes trials should confine themselves to elucidating the historical context, and not become involved in judging whether an individual was guilty or otherwise of a crime, it remains legitimate to offer expert opinion, as the author of the article has done, in a legal action that turns on the research and writing of history itself. (shrink)

The aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental (...) disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal with this group of people, called Advance criminal responsibility. The basic idea being that if a person with a potentially responsibility exempting psychiatric condition refuses care, that person is responsible for any future criminal acts which are due to the mental disorder. (shrink)

The sublime and the abject -- Sade pro and contra Sade -- Dark enlightenment or barbaric science -- The Auschwitz confessions -- The perverse society.

Although the specific subject matter is the psychology of crime, which aims at "concrete knowledge of criminal man in situation," the general problems of method in the humane sciences, of the nature and dynamics of interhuman relations, of experience, and especially of value, are treated here in a way which brings their philosophical import to light. Hesnard emphasizes that truly psychopathological criminals are the minority, and sees crime as a peculiar form of breakdown within a world of lived (...) values. The criminal psychologist's job is not to assess degrees of "responsibility" in terms of psychic sickness, nor to explain causal histories of criminal acts, but to comprehend the total man by focussing upon what society's laws call crime. This is an informative, daring book, rich with unsolved problems, and deserving of much better editing than it received.--C. D. (shrink)