Aurama is a system designed to provide peace of mind and a sense of connectedness to adults who care for elderly parents living alone. Aurama monitors the elders at home using unobtrusive sensor technology and collects data about sleeping patterns, weight trends, cognitive abilities and presence at home. The system provides an unobtrusive ambient information display that presents the status of the elder and lets its users inspect long-term data about the well-being of the elder interactively. Aurama was designed iteratively (...) with substantial user involvement through interviews, prototype evaluation, focus groups and lab tests. The final prototype was evaluated in two field trials each involving an elder and their adult children. The input of users throughout the design process and during these tests demonstrates clearly the potential of awareness systems to support the target user group to obtain peace of mind and feel connected. Furthermore, the users indicate a clear need for information on long-term trends relating to the well-being of aging parents, in contrast to the current emphasis in this field of research on providing instantaneous status information about daily activities and context. (shrink)

We examine the role of alignment between organizational social consciousness and the informal and formal institutions of a country in increasing female representation on boards. Using fixed-effects and Hausman Taylor regression methodology for endogenous covariate with panel data for the years 2006–2020, we find that the greater the alignment between organizational social consciousness and certain formal and informal institutions, the more progress there is toward gender representation on corporate boards in Europe. We also find that more socially conscious firms make (...) the most progress, often going beyond the minimum regulatory targets. By showing the complementarity of these factors, we address the enduring question of how the interplay of formal and informal institutions directly affects corporate behavior, thus contributing to the institutional, public policy/regulatory, and corporate governance literatures. We note the need for policymakers to go beyond mere codification of rules via quotas and simultaneously work toward raising national and organizational social consciousness levels on issues of gender equality. (shrink)

Growing evidence, as presented by Jaswal & Akhtar, indicates that social motivation is not universally reduced in autism. Here, we evaluate and extend this argument in light of recent evidence of “compensation” in autism. We thereby argue that autistic “compensators” – exhibiting neurotypical behaviour despite persistent difficulties in social cognition – indicate intact or potentially heightened social motivation in autism.

Some scholars blame capitalism for the prevalence of modern slavery. However, data reveal that it is wrong to blame capitalism for a problem that long preceded it and would likely be much worse without it. We explain why this is the case.

The way communicable diseases do spread from one person to another, depending upon the specific disease or causative infectious agent. Out of these diseases, some are incurable and the health care workers during their practice or otherwise acquire such infections and transmit them further to innocent patients who are unaware of about the health status of health care workers. The rights of an infected health care worker and patients are protected by many laws but in case of conflict of interests (...) between the individual right of the health care worker and life of a patient, then obviously by the principle of natural justice, saving the life of a person from such incurable infection gets the privilege. Therefore, there is a lot of ethical and professional dilemma, arising out, in such a type of scenario, irrespective of concealed or disclosed health status and the question mark is raised on whether clinical practice may be allowed in such cases. Some of the studies show the actual but very little risk of transmission from infected health care workers to patients. Therefore, in the current scenario, many western countries such as USA and UK are following different guidelines in this regard but the same is lacking in India. So, this article critically analyses the various issues arising out of it and thereby justifies the need to have a uniform infection control policy in this regard apart from legal and ethical binding on infected health care workers. (shrink)

In order to address whether states can ever have the proper authority to militarily punish other international agents, I examine three attempts to justify punitive warfare from Augustine, Grotius and Locke for their relevance to both our contemporary international legal and political order and our contemporary security threats from sporadic terrorist or militant violence. Once a plausible model for a state’s valid authority to punish international agents is found, I will consider what punitive aims it can support and what challenges (...) such punitive warfare would have in satisfying the remaining jus ad bellum conditions. (shrink)

Restorative justice is highly promising as an effective approach to better supporting victims, reducing reoffending, and lowering costs. The challenge it faces is a dual hurdle of limited applicability and lack of public confidence. The issue is how we might better embed restorative justice in the criminal justice system so its promising effectiveness could be shared more widely while increasing public confidence. This chapter explores the new approach of punitive restoration, which gives more tools for restoration including a wider punitive (...) element. Its goal is to win support for greater use of restorative practices and a less punitive criminal justice system overall. (shrink)

The recent literature on social norms has stressed the centrality of emotions in explaining punishment and norm enforcement. This article discusses four negative emotions (righteous anger, indignation, contempt, and disgust) and examines their relationship to punitive behavior. I argue that righteous anger and indignation are both punitive emotions strictly speaking, but induce punishments of different intensity and have distinct elicitors. Contempt and disgust, for their part, cannot be straightforwardly considered punitive emotions, although they often blend with a colder form of (...) indignation to favor low-cost, indirect, and collective forms of punishment such as mockery, exclusion, and ostracism. (shrink)

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

These thirteen lectures on the 'punitive society,' delivered at the Collège de France in the first three months of 1973, examine the way in which the relations between justice and truth that govern modern penal law were forged, and question what links them to the emergence of a new punitive regime that still dominates contemporary society. Praise for Foucault's Lectures at the Collège de France Series “Ideas spark off nearly every page...The words may have been spoken in [the 1970s], but (...) they seem as alive and relevant as if they had been written yesterday.”—Bookforum “Foucault is quite central to our sense of where we are...[He] is carrying out, in the noblest way, the promiscuous aim of true culture.”—The Nation “[Foucault] has an alert and sensitive mind that can ignore the familiar surfaces of established intellectual coded and ask new questions...[He] gives dramatic quality to the movement of culture.”—The New York Review of Books. (shrink)

The use of punitive torture was practiced historically and has hardly been purged from our current practices. Fairly little attention has been paid to its justification, perhaps because many theorists of punishment have thought it so obviously unjust. But there is a fairly straightforward retributivist argument that punitive torture is sometimes morally justified: roughly, punitive torture is proportionate to the wrongdoing of some malefactors, such that, in the absence of overriding reasons, torturing them as punishment for their wrongdoing is morally (...) justified. However, Barry contends that the retributivist should strongly suspect that there will always be overriding reasons that defeat retributivist reasons that would otherwise justify punitive torture. And if even retributivism cannot justify punitive torture, it is doubtful that any justification is forthcoming. (shrink)

This article responds to Jeffrey Perl's argument that, while there is a “paradigm shift” at Ise every twenty years, when the enshrined deity Amaterasu “shifts” from the current site to an adjacent one during the rite of shikinen sengū, the Jingū paradigm itself never changes and never ages. The author confirms Perl's conclusion by examining the politicized scholarship, written since the 1970s, maintaining that Shinto is a faux religion, invented prior to World War II as a means of unifying Japan (...) behind government policies of ultranationalism and international expansion. This article shows, instead, how emperors—who are not political but religious figures in Japan—and the Jingū priesthood have acted together over the past thirteen hundred years to sustain the imperial shrine at Ise and its ancient rites. The so-called Meiji Restoration actually continued an imperial policy of restoring and intensifying the observance of Shinto rituals that were threatened by neglect. Meiji intervened personally in 1889 to ensure the continuity of hikyoku, an unvoiced and secret serenade to Amaterasu, by extending its venue from the imperial palace shrine to performance at Jingū as well. The author's archival and ethnographic research at Ise and in the National Archives shows how the arguments that Shinto is a modern invention are punitive rather than dispassionately historical. (shrink)

This article responds to Jeffrey Perl’s argument that, while there is a “paradigm shift” at Ise every twenty years, when the enshrined deity Amaterasu “shifts” from the current site to an adjacent one during the rite of shikinen sengū, the Jingū paradigm itself never changes and never ages. The author confirms Perl’s conclusion by examining the politicized scholarship, written since the 1970s, maintaining that Shinto is a faux religion invented prior to World War II as a means of unifying Japan (...) behind government policies of ultranationalism and international expansion. This article shows, instead, how emperors—who are not political but religious figures in Japan—and the Jingū priesthood have acted together over the past thirteen hundred years to sustain the imperial shrine at Ise and its ancient rites. The so-called Meiji Restoration actually continued an imperial policy of restoring and intensifying the observance of Shinto rituals that were threatened by neglect. Meiji intervened personally in 1889 to ensure the continuity of hikyoku, an unvoiced and secret serenade to Amaterasu, by extending its venue from the imperial palace shrine to performance at Jingū as well. The author’s archival and ethnographic research at Ise and the National Archives shows how the arguments that Shinto is a modern invention are punitive rather than dispassionately historical. (shrink)

On December 20, 2002, the Ohio Supreme Court issued an opinion in Dardinger v. Anthem Blue Cross & Blue Shield granting a landmark punitive damages award against the defendant-insurer for breach of contract and bad faith in its coverage of a cancer patient. The court directed that the punitive damages award of $30 million, should it be accepted by the plaintiff, be apportioned between the plaintiff and a cancer research fund to be established in the name of the plaintiff's deceased (...) wife, Esther Dardinger. In so doing, the court broke new ground in the scope and social purpose of punitive damages in health care litigation, as well as the courts’ role in distributing those damages.After being diagnosed with metastatic brain tumors in October 1996, Esther began intra-arterial chemotherapy treatments at the recommendation of her physician, Dr. Newton. IAC is a targeted form of chemotherapy in which an arterial catheter is threaded through a cranial artery near the tumor and into the brain. (shrink)

On December 20, 2002, the Ohio Supreme Court issued an opinion in Dardinger v. Anthem Blue Cross & Blue Shield granting a landmark punitive damages award against the defendant-insurer for breach of contract and bad faith in its coverage of a cancer patient. The court directed that the punitive damages award of $30 million, should it be accepted by the plaintiff, be apportioned between the plaintiff and a cancer research fund to be established in the name of the plaintiff's deceased (...) wife, Esther Dardinger. In so doing, the court broke new ground in the scope and social purpose of punitive damages in health care litigation, as well as the courts’ role in distributing those damages.After being diagnosed with metastatic brain tumors in October 1996, Esther began intra-arterial chemotherapy treatments at the recommendation of her physician, Dr. Newton. IAC is a targeted form of chemotherapy in which an arterial catheter is threaded through a cranial artery near the tumor and into the brain. (shrink)

Many philosophers think that punishment is intentionally harmful and that this makes it especially hard to morally justify. Explanations for the latter intuition often say questionable things about the moral significance of the intent to harm. I argue that there’s a better way to explain this intuition.

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

In this narrative, we explore the story of Ananias and Sapphira from the book of Acts in the Christian scriptures. We examine the story in the light of a recent book by Dominic Johnson, God Is Watching You, and other related research. The idea of a punitive God and/or the belief in a punitive God may have significant effects on group functioning. The troubling story of Ananias and Sapphira may be seen as a central cog in the cooperative coming together (...) of what became the Christian Church. In our modern world, a punitive God is an idea we seek to avoid but it may be the one that is essential for a peaceful cooperative world. (shrink)

Most punishment theorists seem to accept the following claim: punishment is intended to harm the punishee. A significant minority of punishment theorists reject the claim, though. I defend the claim from objections, focusing mostly on recent objections that haven’t gotten much attention. My objective is to reinforce the already strong case for the intentions claim. I first clarify what advocates of the intentions claim mean by it and state the standard argument for it. Then I critically discuss a wide variety (...) of objections to the claim and to the standard argument for it. (shrink)

Criminal justice policy faces the twin challenges of improving our crime reduction efforts while increasing public confidence. These challenges are exacerbated by the fact that at least some measur...

A growing body of literature has examined managers’ use of restorative practices in the workplace. However, little is currently known about why managers use restorative practices as opposed to alternative responses. We employed a qualitative interview technique to develop an inductive model of managers’ restorative versus punitive response in the context of employee wrongdoing. The findings reveal a set of key motivating and moderating influences on the manager’s decision to respond to wrongdoing in a restorative versus punitive manner. The findings (...) also suggest that managers’ personal needs and perceived duties in the aftermath of employee wrongdoing are generally more consistent with restorative responses than punishment responses, which helps explain managers’ use of restorative workplace practices. (shrink)

In this paper, we offer a defense of non-punitive measures as morally justified responses to crime within a framework of society as a fair system of cooperation among free and equal individuals. Our argument proceeds in three steps. First, we elaborate on the premises of our argument: we situate criminal acts within a model of society as a fair system of cooperation, identify the types of unfair disadvantages crimes bring about, and consider the social aim of the criminal justice system. (...) Next, we reject the claim defended by fair-play retributivists that fairness considerations make punishment a necessary response to criminal acts. In the last step, we demonstrate that it is rather non-punitive responses to crime that are warranted under the principle of fairness and, as such, are morally justified. We conclude the paper by rejecting two possible objections to our defense: the “responsibility gap” and the “victims’ claim to justice” objections. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on the (...) influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

Abstract Building on the authors' previous work regarding the classical Confucian position on the legitimate use of military force as represented by Mencius and Xunzi, this paper probes their understanding of punitive expeditions undertaken against tyrants in particular ? aims, justification, preconditions, and limits. It compares this understanding with contemporary Western models of humanitarian intervention, and argues that the Confucian punitive expedition aligns most closely with the emerging ?responsibility to protect? model in Western discussions, although it also differs from the (...) latter in certain respects. For example, the Confucian expedition explicitly forwards as legitimate aims regime change and the punishment of tyrants, in addition to rescue of an abused population and assistance in rebuilding a decent society. The Confucian understanding also appears to set a lower threshold standard (well short of genocide, ethnic cleansing, or large-scale massacre) for what counts as severe tyranny warranting intervention, and it explicitly speaks of an obligation (beyond mere permissibility) to intervene when that threshold is exceeded. In its concluding section, the paper discusses some possible contemporary implications of the classical Confucian understanding of a punitive expedition against tyrants. (shrink)

The creation of ad hoc international penal tribunals and of a permanent international penal court symbolizes the will to extend penal law from the national state to international relations, thus giving rise to the concept of a punitive intervention. This contribution seeks to establish whether this extension of penal law to international relations should be strictly modeled on national penal law or whether it should follow a paradigm of its own. This could well be the same paradigm, which some authors (...) have suggested for the national level, i. e. the paradigm of reconstructive justice. Though it does not radically exclude the penal dimension of justice, reconstructive justice nevertheless relativizes this dimension, thus leaving room for a more constructive reaction to crime. (shrink)

"L’organisation d’une pénalité d’enfermement n’est pas simplement récente, elle est énigmatique. Qu’est-ce qui pénètre dans la prison? En tout cas, pas la loi. Que fabrique-t-elle? Une communauté d’ennemis intérieurs". C’est en ces termes que Michel Foucault dénonce, dans ce cours prononcé en 1973, et que viendra compléter, en 1975, son ouvrage Surveiller et punir, le "cercle carcéral". La Société punitive étudie ainsi comment les sociétés traitent les individus ou les groupes dont elles souhaitent se débarrasser, c’est-à-dire les tactiques punitives, mais (...) aussi la prise de pouvoir sur le corps et sur le temps et l’instauration du couple pénalité-délinquance. Michel Foucault retrace l'histoire des "tactiques fines de la sanction" dont il distingue quatre modalités : exiler ; imposer un rachat ; marquer ; enfermer. C'est dans la seconde moitié du XVIIIe siècle que se développe une "science des prisons" à fonction corrective et que se construit un discours sur le criminel et son traitement possible, donnant naissance à un schéma de société qui vise à l’absolu du contrôle et de la surveillance. L’ajustement entre le système judiciaire et le mécanisme de surveillance (l’organisation d’une police), entre l’émergence de la richesse et la pratique des illégalismes, entre la force corporelle de l’ouvrier et l’appareil de production s’accomplit ensuite au tournant du XIXe siècle. Foucault démontre donc que ce sont les instances de contrôle para-pénal du XVIIe et du XVIIIe siècle qui ont abouti, in fine, au fonctionnement de la prison, visant à l’élimination du désordre, au contrôle de la distribution spatiale des individus, de leur emplacement par rapport à l’appareil productif. La Société punitive finit par poser la question, cruciale aux yeux du philosophe, de la validité intrinsèque de la loi pénale. A-t-elle vocation universelle ou se limite-t-elle à la douteuse applicabilité d’une somme de décrets? (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...) Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

The current nature of the school inspection régime in England and Wales is considered, together with the reasons why it was created. Two different approaches to educational accountability are considered, the use of performance indicators and inspection. England and Wales have a system of educational accountability that employs both. It is argued that, although neither performance indicators nor inspection are, in themselves, sufficient instruments of accountability, they are complementary and could, jointly be more effective than the current dual system, given (...) certain fundamental reforms to the inspection régime. These include, a common language of accountability, greater use of self-evaluation and a loosening of the functional distinction between inspectors and teachers. (shrink)

In the past two decades, scholars in China and beyond have vigorously demonstrated that the just war discourse is integral to classical Confucianism and that the classical Confucian idea of “punitive expedition” can be best understood in terms of humanitarian intervention. The sceptics, however, claim that in describing the ancient sage‐king's bloodless punitive expeditions, what classical Confucians really had in mind was not so much to endorse morally justified forms of aggressive war but to highlight the paramount importance of the (...) ruler's moral self‐cultivation and benevolent government. This paper examines closely the disagreement between the two positions and offers a more historically grounded justification for the just war interpretation of classical Confucianism. It pays special attention to the importance of ritual order in classical Confucian political theory and discusses how the Warring States political circumstances led thinkers such as Mencius and Xunzi to shift their attention from ritual order to the well‐being of the people. (shrink)

The current nature of the school inspection régime in England and Wales is considered, together with the reasons why it was created. Two different approaches to educational accountability are considered, the use of performance indicators and inspection. England and Wales have a system of educational accountability that employs both. It is argued that, although neither performance indicators nor inspection are, in themselves, sufficient instruments of accountability, they are complementary and could, jointly be more effective than the current dual system, given (...) certain fundamental reforms to the inspection régime. These include, a common language of accountability, greater use of self-evaluation and a loosening of the functional distinction between inspectors and teachers. (shrink)

The analysis demonstrates that for Plato the principal aim of punishment is not the defence of values acknowledged by the legal system nor the well being of the state, but the good of the individual – his personal development, which is, first of all, moral development. This development consists of the attainment of the greatest – situated on the level of existence – excellence of the subject, which is the virtue of justice, an inner unity based on inner regularity, order, (...) harmony and straightness. Attainment of the virtue of justice is likewise the attainment of happiness. In principle, punishment ought to be adapted and proportionate not to the act committed, but to the state of the subject, the state of his soul. It should be appropriate medicine, returning health to the soul, restoring inner order, harmony and straightness. The elements of a retributive concept of punishment become salient above all in the case of the most hardened criminals, who are internally so spoiled that no amelioration is possible, no punishment can be a suitable, sufficient medicine. Yet, the punishment is deserved, proportional to the degree of depravity of the offender, and thus possesses a deterrent value. Moreover, the suffering of the offender, since it is beneficial for others, contributes to his inner unity and his goodness. The preceding analysis concerning Plato’s conception of punishment clearly shows that the aim of punishment is not the good of the state, nor the abstractly conceived order of justice. The aims of punishment are not located beyond the individual (the individual soul). Therefore, in this conception of punishment there are no elements of thinking typical of that in the spirit of totalitarianism. The law and the state serve the good of the individual. This is an important argument on behalf of the postulate of a non-totalitarian interpretation of the Republic and the others dialogs of Plato. (shrink)

This paper critically examines our relationship with justice in contemporary western liberal settings, with a particular focus on why our pursuit of justice is intimately entangled with punitive logics. It does so by defining this approach to justice as predominantly pathological, in the sense that it follows a logic that is akin to that displayed in our contemporary sensibilities regarding bodily pain. We deploy the concept of ‘dys-appearance’ used by Drew Leder in the context of his theory of embodiment to (...) discuss how, in western liberal societies, justice is primarily experienced and paid attention to when it appears negatively as a phenomenon; that is, we only become conscious of justice in our lived experiences through the painful and episodic experience of injustice. This phenomenological quality of justice, we argue, is intrinsically linked to how the pursuit of justice in these settings predominantly takes a hostile, punitive aspect. (shrink)

Contrary to much of what has been said about the decision of the United States Supreme Court last term in Exxon Shipping Co. v. Baker, it hardly put an end to the discretion of American judges to make awards of punitive damages in cases within admiralty jurisdiction. Rather, it confirmed judicial authority to make such awards in the absence of legislative direction, rejected the view that the Clean Air Act signals any intent of Congress to foreclose them in cases in (...) which that statute is implicated, and sets for them a cap, but only for an uncommon category of cases. (shrink)