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  1. John Rawls: Two Concepts of Rules.Leslie Allan - manuscript
    In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.
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  2. Identity and the Limits of Fair Assessment.Rush T. Stewart - forthcoming - Journal of Theoretical Politics.
    In many assessment problems—aptitude testing, hiring decisions, appraisals of the risk of recidivism, evaluation of the credibility of testimonial sources, and so on—the fair treatment of different groups of individuals is an important goal. But individuals can be legitimately grouped in many different ways. Using a framework and fairness constraints explored in research on algorithmic fairness, I show that eliminating certain forms of bias across groups for one way of classifying individuals can make it impossible to eliminate such bias across (...)
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  3. The Aims of Restorative Justice.David Chelsom Vogt - 2012 - In Jørn Jacobsen and Linda Gröning (ed.), Restorative Justice and Criminal Law. Stockholm, Sverige:
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  4. Med rett til å bli straffet: om Kant og Hegels teorier om straff som respekt for forbryteren.David Chelsom Vogt - 2016 - Norsk Filosofisk Tidsskrift 51 (3-4):148-162.
    English title: The Right to be Punished: On Kant and Hegel's theories of punishment as respect for the criminal -/- The article discusses Kant and Hegel's theories of punishment in light of their broader legal philosophies. The purpose of punishment, and law in general, is to secure mutual freedom and mutual recognition. Punishment is a way of expressing respect for the freedom of the criminal, as well as the freedom of victims and all members of society. Though it might seem (...)
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  5. Democratising and Judicialising: The Judicialisation of Politics.Erin Rizzato-Devlin - 2021 - Democracy and Society 18:23-25.
    Within the classical tripartition of powers, courts and tri- bunals have always held the most marginal role, limited by the interpretation of laws. In the last decades, however, judiciaries have been increasingly addressed with the task of resolving moral issues and political questions, drawing power away from representative institutions. The intention of this essay is to analyse the judicialisation of politics and how this emergent phenomenon is slowly reshaping the skeleton of political structures and mutating the political environment — particularly (...)
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  6. Government Transparency and Accountability During Covid 19: The Data Underpinning Decisions.Marie Oldfield - 2021
    Government transparency and accountability during Covid 19: The data underpinning decisions.
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  7. Government Transparency and Accountability During Covid 19: The Data Underpinning Decisions.Marie Oldfield - 2021 - Https://Committees.Parliament.Uk/Publications/5076/Documents/50285/Default/.
    Government transparency and accountability during Covid 19: The data underpinning decisions.
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  8. Call for Written Evidence - Risk Assessment and Risk Planning.Marie Oldfield - 2021 - UK Government Risk Enquiry.
    Call for Written evidence - Risk Assessment and Risk Planning.
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  9. Parliamentary Call for Evidence Written Evidence -Data Transparency and Accountability: Covid 19.Marie Oldfield - 2020 - UK Government.
    Call for evidence Written evidence - Data Transparency and Accountability: Covid 19 -/- .
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  10. Ethical Funding for Trustworthy AI: Proposals to Address the Responsibilities of Funders to Ensure That Projects Adhere to Trustworthy AI Practice.Marie Oldfield - 2021 - AI and Ethics 1 (1):1.
    AI systems that demonstrate significant bias or lower than claimed accuracy, and resulting in individual and societal harms, continue to be reported. Such reports beg the question as to why such systems continue to be funded, developed and deployed despite the many published ethical AI principles. This paper focusses on the funding processes for AI research grants which we have identified as a gap in the current range of ethical AI solutions such as AI procurement guidelines, AI impact assessments and (...)
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  11. The Harmonization of Domestic and International Human Rights Standards on Criminalization of Rape.Deepa Kansra - 2021 - Rights Compass.
    In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...)
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  12. Technology as Terrorism: Police Control Technologies and Drone Warfare.Jessica Wolfendale - 2021 - In Scott Robbins, Alastair Reed, Seamus Miller & Adam Henschke (eds.), Counter-Terrorism, Ethics, and Technology: Emerging Challenges At The Frontiers Of Counter-Terrorism,. Springer. pp. 1-21.
    Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways in which technology shapes (...)
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  13. Justifying Punishment in Intercultural Contexts: Whose Norms? Which Values?Duncan Ivison - 1999 - In Matt Matravers (ed.), Punishment and Political Theory. Oxford, UK: pp. 88-107.
    An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.
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  14. Recent Work on the Proof Paradox.Lewis D. Ross - 2020 - Philosophy Compass 15 (6).
    Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.
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  15. Prison as a Torturous Institution.Jessica Wolfendale - 2020 - Res Philosophica 97 (2):297-324.
    Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...)
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  16. Habeas corpus colectivo, legitimación active y ciudadanía.Romina Rekers - 2015 - la Ley 1 (8):715-725.
    Los excesos cometidos en las políticas de seguridad han conducido a una creciente violación de las libertades individuales. Esto ha hecho que sea cada vez más frecuente la interposición de recursos de hábeas corpus por aquellos que ven arbitrariamente afectada su libertad. Una figura jurídica que debería ser de uso excepcional, y en casos de emergencia, se ha vuelto de uso casi cotidiano . Esto no muestra necesariamente una mala utilización del recurso —aunque puede advertirse en algunos casos cierto abuso (...)
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  17. Justicia transicional epistémica (Transitional epistemic justice).Romina Rekers - 2019
    Los movimientos #MeToo de Hollywood, #YoSiTeCreo de España y #MiraComoNosPonemos de Argentina son el punto de partida de una transición promovida por el movimiento feminista. Esta transición está dirigida a una sociedad justa en la que las mujeres no sean víctimas de violación y acoso que, además, quedan impunes. La perpetración de los males que estos movimientos buscan eliminar ha sido posible hasta ahora, entre otras cosas, dado el déficit de credibilidad que afecta a las mujeres que denuncian tales delitos. (...)
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  18. Just Say No (For Now): The Ethics of Illegal Drug Use.Mathieu Doucet - 2017 - Law Ethics and Philosophy 5:9-29.
    The war on drugs is widely criticized as unjust. The idea that the laws prohibiting drugs are unjust can easily lead to the conclusion that those laws do not deserve our respect, so that our only moral reason to obey them flows from a general moral obligation to obey the law, rather than from anything morally troubling about drug use itself. In this paper, I argue that this line of thinking is mistaken. I begin by arguing that the drug laws (...)
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  19. Krista K. Thomason, Naked: The Dark Side of Shame and Moral Life, Oxford University Press, 2018.Mark Alfano - forthcoming - Criminal Justice Ethics.
    In Naked, Krista K. Thomason offers a multi-faceted account of shame, covering its nature as an emotion, its positive and negative roles in moral life, its association with violence, and its provocation through invitations to shame, public shaming, and stigmatization. Along the way, she reflects on a range of examples drawn from literature, memoirs, journalism, and her own imagination. She also considers alternative views at length, draws a wealth of important distinctions, and articulates many of the most intuitive objections to (...)
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  20. Principio de Lesividad en la cuestión ambiental: el caso Barrio Ituzaingó anexo de la ciudad de Córdoba.Santiago Truccone Borgogno - 2015 - Revista de la Facultad de Derecho: Nueva Serie II (UNC) 2 (6):193-213.
    El presente escrito pretende analizar el principio de lesividad en un concreto ordenamiento legal como es el argentino. Para ello se utilizará al caso “Barrio Ituzaingó anexo de la ciudad de Córdoba”. Se intentarán evaluar los argumentos del tribunal a los fines de dilucidar si son acordes con lo que el ordenamiento constitucional argentino permite. Asimismo, se introducirá un inconveniente -el problema de la no-identidad- el que nos dejará frente a una situación dilemática.
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  21. Pinkerton Short-Circuits the Model Penal Code.Andrew Ingram - 2019 - Villanova Law Review 64 (1):71-99.
    I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...)
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  22. Should Law Track Morality?Re'em Segev - 2017 - Criminal Justice Ethics 36 (2):205-223.
    Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...)
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  23. Willful Ignorance and Self-Deception.Kevin Lynch - 2016 - Philosophical Studies 173 (2):505-523.
    Willful ignorance is an important concept in criminal law and jurisprudence, though it has not received much discussion in philosophy. When it is mentioned, however, it is regularly assumed to be a kind of self-deception. In this article I will argue that self-deception and willful ignorance are distinct psychological kinds. First, some examples of willful ignorance are presented and discussed, and an analysis of the phenomenon is developed. Then it is shown that current theories of self-deception give no support to (...)
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  24. Eine Theorie Nationaler Versöhnung: Einsichten Aus Afrika.Thaddeus Metz - 2016 - Polylog: Forum for Intercultural Philosophy 34 (Supp):219-244.
    German translation by Andreas Rauhut of 'A Theory of National Reconciliation: Some Insights from Africa' (from _Theorizing Transitional Justice_ 2015).
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  25. Reframing Punishment: Making Visible Bodies, Silence and De-Humanisation.Selina Doran (ed.) - forthcoming - Laura Bottell.
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  26. Exchange: Racial and Ethnic Profiling.Mathias Risse, Annabelle Lever & Michael Levin - 2007 - Criminal Justice Ethics 26 (1):3-35.
    In this paper I respond to Mathias Risse's objections to my critique of his views on racial profiling in Philosophy and Public Affairs. I draw on the work of Richard Sampson and others on racial disadvantage in the USA to show that racial profiling likely aggravates racial injustices that are already there. However, I maintain, clarify and defend my original claim against Risse that racial profiling itself is likely to cause racial injustice, even if we abstract from unfair background conditions. (...)
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  27. Crimes Against Minds: On Mental Manipulations, Harms and a Human Right to Mental Self-Determination. [REVIEW]Jan Christoph Bublitz & Reinhard Merkel - 2014 - Criminal Law and Philosophy 8 (1):51-77.
    The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...)
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  28. Social Deprivation and Criminal Justice.Kimberley Brownlee - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
    This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...)
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  29. The Risk of Being Uninformed.John Sliter - manuscript
    The focus of this paper will be on a specific type of risk – within the context of sharing of information, or the lack there of - the risk of being uninformed.
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Policing
  1. The DNA Technology (Use and Application) Regulation Bill, 2019: A Critical Analysis.Deepa Kansra, Manpreet Dhillon, Mandira Narain, Prabhat Mishra, Nupur Chowdhury & P. Puneeth - 2021 - Indian Law Institute Law Review 1 (Winter):278-301.
    The aim of this paper is to explain the emergence and use of DNA fingerprinting technology in India, noting the specific concerns faced by the Indian Legal System related to the use of this novel forensic technology in the justice process. Furthermore, the proposed construction of a National DNA Data Bank is discussed taking into consideration the challenges faced by the government in legislating the DNA Bill into law. A critical analysis of the DNA Technology (Use and Application) Regulation Bill, (...)
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  2. The Limits of Reallocative and Algorithmic Policing.Luke William Hunt - 2022 - Criminal Justice Ethics 41 (1):1-24.
    Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...)
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  3. Anomalous Alliances: Spinoza and Abolition.Alejo Stark - 2022 - Deleuze and Guatarri Studies 16 (2): 308–330.
    What effects are produced in an encounter between what Gilles Deleuze calls Spinoza’s ‘practical philosophy’ and abolition? Closely following Deleuze’s account of Spinoza, this essay moves from the reifying and weakening punitive moralism of carceral state thought towards a joyful materialist abolitionist ethic. It starts with the three theses for which, Deleuze argues, Spinoza was denounced in his own lifetime: materialism (devaluation of consciousness), immoralism (devaluation of all values) and atheism (devaluation of the sad passions). From these three, it derives (...)
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  4. Algorithms and the Individual in Criminal Law.Renée Jorgensen - forthcoming - Canadian Journal of Philosophy:1-17.
    Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference some condemn as violating the right to be "treated as an individual". I suggest that the right encodes agents' entitlement to fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors, and act intentionally to avoid them. Furthermore, (...)
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  5. Predictive Policing and the Ethics of Preemption.Daniel Susser - 2020 - In Ben Jones & Eduardo Mendieta (eds.), The Ethics of Policing: New Perspectives on Law Enforcement. New York: Nyu Press.
    The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and academics (...)
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  6. The Police Identity Crisis – Hero, Warrior, Guardian, Algorithm.Luke William Hunt - 2021 - New York, NY, USA: Routledge.
    This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and philosophy. (...)
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  7. Police-Generated Killings: The Gap Between Ethics and Law.Ben Jones - 2022 - Political Research Quarterly 75 (2):366-378.
    This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...)
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  8. Undercover Policing and ‘Dirty Hands’: The Case of Legal Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - manuscript
    Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the law-enforcement agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to legal entrapment to commit a crime. (...)
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  9. Policing, Brutality, and the Demands of Justice.Luke William Hunt - 2021 - Criminal Justice Ethics 40 (1):40-55.
    Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...)
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  10. Police Ethics After Ferguson.Ben Jones & Eduardo Mendieta - 2021 - In Ben Jones & Eduardo Mendieta (eds.), The Ethics of Policing: New Perspectives on Law Enforcement. New York: New York University Press. pp. 1-22.
    In 2014, questionable police killings of Eric Garner, Michael Brown, and Tamir Rice sparked mass protests and put policing at the center of national debate. Mass protests erupted again in 2020 after the brutal police killing of George Floyd. These and other incidents have put a spotlight on a host of issues that threaten the legitimacy of policing—excessive force, racial bias, over-policing of marginalized communities, historic injustices that remain unaddressed, and new technology that increases police powers. This introduction gives an (...)
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  11. Intelligence Ethics and Non-Coercive Interrogation.Michael Skerker - 2007 - Defense Intelligence Journal 16 (1):61-76.
    This paper will address the moral implications of non-coercive interrogations in intelligence contexts. U.S. Army and CIA interrogation manuals define non-coercive interrogation as interrogation which avoids the use of physical pressure, relying instead on oral gambits. These methods, including some that involve deceit and emotional manipulation, would be mostly familiar to viewers of TV police dramas. As I see it, there are two questions that need be answered relevant to this subject. First, under what circumstances, if any, may a state (...)
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  12. Profile Evidence, Fairness, and the Risks of Mistaken Convictions.Marcello Di Bello & Collin O’Neil - 2020 - Ethics 130 (2):147-178.
    Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...)
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  13. Can Capital Punishment Survive If Black Lives Matter?Michael Cholbi & Alex Madva - 2021 - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York: Oxford University Press.
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...)
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  14. Implicit Attitudes and the Ability Argument.Wesley Buckwalter - 2019 - Philosophical Studies 176 (11):2961-2990.
    According to one picture of the mind, decisions and actions are largely the result of automatic cognitive processing beyond our ability to control. This picture is in tension with a foundational principle in ethics that moral responsibility for behavior requires the ability to control it. The discovery of implicit attitudes contributes to this tension. According to the ability argument against moral responsibility, if we cannot control implicit attitudes, and implicit attitudes cause behavior, then we cannot be morally responsible for that (...)
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  15. Reparations for Police Killings.Jennifer Page - 2019 - Perspectives on Politics 17 (4):958-972.
    After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...)
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  16. Ice Cube and the Philosophical Foundations of Community Policing.Luke William Hunt - 2019 - Oxford University Press Blog.
    Essay on police legitimacy through public reason and community policing.
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  17. Liberalism and Policing: The State We're In.Luke William Hunt - 2018 - In the Long Run (University of Cambridge).
    Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.
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  18. Informants, Police, and Unconscionability.Luke William Hunt - 2018 - Institute of Art and Ideas (IAI Online Magazine).
    Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.
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  19. The Concept of Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2018 - Criminal Law and Philosophy 12 (4):539-554.
    Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...)
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  20. The Retrieval of Liberalism in Policing.Luke William Hunt - 2019 - New York, NY, USA: Oxford University Press.
    There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...)
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  21. The Contradiction of Crimmigation.José Jorge Mendoza - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):6-9.
    This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...)
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1 — 50 / 276