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  1. Oana Zamfirache (coord.), Corupţia ucide?, Curtea Veche Publishing, București, 2019. [REVIEW]Ovidiu Gherasim-Proca - 2022 - Analele Ştiinţifice Ale Universităţii „Alexandru Ioan Cuza” Din Iaşi. Ştiinţe Politice 17 (1):85-89.
    Timpul trece atât de repede când urmărești convulsiile politice ale ţărilor de la marginea Uniunii Europene. Această carte a apărut într-un moment în care conflictul dintre președintele Klaus Iohannis și Partidul Social Democrat (PSD) încă mai angaja emoţii puternice. Mulţi cetăţeni vedeau în președinte și în partidul patronat de acesta, Partidul Naţional Liberal (PNL), zenitul luptei împotriva corupţiei, iar în PSD întruchiparea corupţiei. În 2017, marile proteste în sprijinul legislaţiei penale și instituţiilor poliţienești, beneficiind de încurajarea directă a președintelui, au (...)
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  2. Youth Prisons: Abolition or Reform?Jason Swartwood - 2023 - Public Philosophy Journal 5 (1).
    Active and targeted reforms at the local and state levels have had success reducing youth incarceration rates. While most agree the work is not done, reform of the youth incarceration system has had important successes. At the same time, activists and advocates have increasingly rejected the goal of reforming youth prisons in favor of abolishing them. I outline some objections to prominent abolitionist arguments. Specifically, I show why arguments that focus on the racist historical origins of the incarceration system, structural (...)
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  3. Videos, Police Violence, and Scrutiny of the Black Body.Sherri Irvin - 2022 - Social Research: An International Quarterly 89 (4):997-1023.
    The ability of videos to serve as evidence of racial injustice is complex and contested. This essay argues that scrutiny of the Black body has come to play a key role in how videos of police violence are mined for evidence, following a long history of racialized surveillance and attributions of threat and superhuman powers to Black bodies. Using videos to combat injustice requires incorporating humanizing narratives and cultivating resistant modes of looking.
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  4. Criminal Proof: Fixed or Flexible?Lewis Ross - 2023 - Philosophical Quarterly (4):1-23.
    Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...)
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  5. Security Institutions, Use of Force and the State: A Moral Framework.Shannon Ford - 2016 - Dissertation, Australian National University
    This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the ethics (...)
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  6. The Curious Case of the Jury-shaped Hole: A Plea for Real Jury Research.Lewis Ross - forthcoming - International Journal of Evidence and Proof.
    Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...)
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  7. Delayed Naga Solution: A Consequence of Disunity.Paul N. Rengma - 2022 - Nagaland Post 8 (8):8.
    This article reflects on the 'Framework Agreement' signed between the NSCN (IM) and the Government of India and the present situation of the Nagas.
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  8. John Rawls: Two Concepts of Rules.Leslie Allan - manuscript
    In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.
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  9. Identity and the Limits of Fair Assessment.Rush T. Stewart - 2022 - Journal of Theoretical Politics 34 (3):415-442.
    In many assessment problems—aptitude testing, hiring decisions, appraisals of the risk of recidivism, evaluation of the credibility of testimonial sources, and so on—the fair treatment of different groups of individuals is an important goal. But individuals can be legitimately grouped in many different ways. Using a framework and fairness constraints explored in research on algorithmic fairness, I show that eliminating certain forms of bias across groups for one way of classifying individuals can make it impossible to eliminate such bias across (...)
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  10. The Aims of Restorative Justice.David Chelsom Vogt - 2012 - In Jørn Jacobsen and Linda Gröning (ed.), Restorative Justice and Criminal Law.
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  11. 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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  12. 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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  13. 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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  14. 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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  15. 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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  16. 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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  17. 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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  18. 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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  19. Justifying punishment in intercultural contexts: Whose Norms? Which Values?Duncan Ivison - 1999 - In Matt Matravers (ed.), Punishment and Political Theory. Hart Publishing. 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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  20. Recent work on the proof paradox.Lewis D. Ross - 2020 - Philosophy Compass 15 (6):e12667.
    Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.
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  21. 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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  22. 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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  23. 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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  24. 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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  25. 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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  26. 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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  27. 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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  28. Punishment and Welfare: Defending Offender’s Inclusion as Subjects of State Care.Helen Brown Coverdale - 2018 - Ethics and Social Welfare 12 (2):117-132.
    Many criminal offenders come from disadvantaged backgrounds, which punishment entrenches. Criminal culpability explains some disadvantageous treatment in state-offender interactions; yet offenders remain people, and ‘some mother’s child’, in Eva Kittay’s terms. Offending behaviour neither erases needs, nor fully excuses our responsibility for offenders’ needs. Caring is demanded in principle, recognising the offender’s personhood. Supporting offenders may amplify welfare resources: equipping offenders to provide self-care; to meet caring responsibilities; and enabling offenders’ contribution to shared social life, by providing support and furthering (...)
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  29. 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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  30. Democracy, Epistemology and the Problem of All‐White Juries.Annabelle Lever - 2017 - Journal of Applied Philosophy 34 (4):541-556.
    Does it matter that almost all juries in England and Wales are all-White? Does it matter even if this result is the unintended and undesired result of otherwise acceptable ways of choosing juries? Finally, does it matter that almost all juries are all-White if this has no adverse effect on the treatment of non-White defendants and victims of crime? According to Cheryl Thomas, there is no injustice in a system of jury selection which predictably results in juries with no minority (...)
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  31. 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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  32. 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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  33. Reframing Punishment: Making Visible Bodies, Silence and De-humanisation.Selina Doran (ed.) - 2014 - Laura Bottell.
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  34. What's wrong with racial profiling? Another look at the problem.Mathias Risse, Annabelle Lever & Michael Levin - 2007 - Criminal Justice Ethics 26 (1):20-28.
    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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  35. 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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  36. A Theory of National Reconciliation: Some Insights from Africa.Thaddeus Metz - 2015 - In Aleksandar Fatic & Klaus Bachmann (eds.), Transition without Justice (tentative title). TBA. pp. 119-35.
    In this chapter I articulate and defend a basic principle capturing the underlying structure of an attractive sort of national reconciliation that accounts for a wide array of disparate judgments about the subject. There are extant theories of national reconciliation in the literature, most of which are informed by Kantian, liberal-democratic and similar perspectives. In contrast to these, I spell out a theory grounded on a comparatively underexplored sub-Saharan ethic. My foremost aim is to demonstrate how African ideals about communal (...)
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  37. 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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  38. 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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  39. Hume on Responsibility and Punishment.Paul Russell - 1990 - Canadian Journal of Philosophy 20 (4):539 - 563.
    In this paper I pursue two closely related objectives. First, I articulate and describe the nature and character of Hume's theory of punishment. Second, in light of this account, I offer an assessment of the contem- porary interest and value of Hume's theory. Throughout my discus- sion I emphasize the relevance and importance of Hume's views on moral responsibility to his account of punishment.1 More specifically, I argue that Hume seeks to develop an account of punishment on the foundation of (...)
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Policing
  1. Beyond restorative justice: Social justice as a new objective for criminal justice.Gavrielides Theo & Nestor Kourakis - 2019 - London: Routledge.
    The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...)
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  2. Routledge International Handbook of Restorative Justice.Theo Gavrielides (ed.) - 2019 - London: Routledge.
    This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and (...)
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  3. Deepfakes, Public Announcements, and Political Mobilization.Megan Hyska - forthcoming - In Alex Worsnip (ed.), Oxford Studies in Epistemology, vol. 8. Oxford University Press.
    This paper takes up the question of how videographic public announcements (VPAs)---i.e. videos that a wide swath of the public sees and knows that everyone else can see too--- have functioned to mobilize people politically, and how the presence of deepfakes in our information environment stands to change the dynamics of this mobilization. Existing work by Regina Rini, Don Fallis and others has focused on the ways that deepfakes might interrupt our acquisition of first-order knowledge through videos. But I point (...)
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  4. Why Police Ethics Matter.Shamima Parvin Lasker - 2023 - Bangladesh Journal of Bioethics 14 (1).
    When police abuse their duties, it undermines the state's internal security. It creates a crisis of legitimacy of police because people detest them for their abuse and tyranny. In 1957, IACP (the International Association of Chiefs of Police) developed an ethics tool Code of Ethics for law enforcement. Nevertheless, training has been focused and emphasized on techniques and tactics of policing. Ethics is not the part of presell of the training. The Code of Ethics is pronounced once in a life (...)
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  5. Police Deception and Dishonesty – The Logic of Lying.Luke William Hunt - 2024 - New York: Oxford University Press.
    Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, pretextual detentions, and (...)
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  6. What Does it Mean to Say “The Criminal Justice System is Racist”?Amelia M. Wirts - 2023 - American Philosophical Quarterly 60 (4):341-354.
    This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...)
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  7. The Police Identity Crisis: Hero, Warrior, Guardian, Algorithm[REVIEW]Ben Jones - 2023 - Ethics 133 (4):625-629.
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  8. Good Faith as a Normative Foundation of Policing.Luke William Hunt - 2023 - Criminal Law and Philosophy 17 (3):1-17.
    The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to policing, (...)
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  9. Applying the Imminence Requirement to Police.Ben Jones - 2023 - Criminal Justice Ethics 42 (1):52-63.
    In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...)
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  10. Policing.Luke William Hunt - 2023 - In Mortimer Sellers & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy.
    This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.
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  11. Defensive Killing By Police: Analyzing Uncertain Threat Scenarios.Jennifer M. Https://Orcidorg Page - 2023 - Journal of Ethics and Social Philosophy 24 (3):315-351.
    In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent crimes, (2) (...)
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1 — 50 / 355