Results for 'Child soldiers, criminal responsibility, virtue ethics, international criminal law'

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  1. Virtue Ethics, Criminal Responsibility, and Dominic Ongwen.Renée Nicole Souris - 2019 - International Criminal Law Review 19 (3).
    In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show (...)
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  2. Child Soldiers, Executive Functions, and Culpability.Tyler Fagan, William Hirstein & Katrina Sifferd - 2016 - International Criminal Law Review 16 (2):258-286.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right (...)
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  3. Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based (...)
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  4.  19
    State Obligations Under International Criminal Law.Deepa Kansra - 2014 - Rostrum's Law Review 1 (4):1-.
    The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (...)
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  5. Soldierly Virtue: An Argument for the Restructuring of Western Military Ethics to Align with Aristotelian Virtue Ethics.John Baldari - 2018 - Dissertation, University of Leeds
    Because wars are fought by human beings and not merely machines, a strong virtue ethic is an essential prerequisite for those engaged in combat. From a philosophical perspective, war has historically been seen as separate and outside of the commonly accepted forms of morality. Yet there remains a general, though not well-thought out, sense that those human beings who fight wars should act ethically. Since warfighters are often called upon to contemplate and complete tasks during war that are not (...)
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  6.  31
    Intersections of International Human Rights Law and Criminal Law (Conference Report).Deepa Kansra - 2021 - Indian Law Institute Law Review 1 (Winter):377-379.
    The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence (...)
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  7.  99
    Guilt and Child Soldiers.Krista K. Thomason - 2016 - Ethical Theory and Moral Practice 19 (1):115-127.
    The use of child soldiers in armed conflict is an increasing global concern. Although philosophers have examined whether child soldiers can be considered combatants in war, much less attention has been paid to their moral responsibility. While it is tempting to think of them as having diminished or limited responsibility, child soldiers often report feeling guilt for the wrongs they commit. Here I argue that their feelings of guilt are both intelligible and morally appropriate. The feelings of (...)
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  8.  98
    Cruelty in Criminal Law: Four Conceptions.Paulo Barrozo - 2015 - Criminal Law Bulletin 51 (5):67.
    This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to cruelty. Eminently, cruelty (...)
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  9. In Lieu of a Sovereignty Shield, Multinational Corporations Should Be Responsible for the Harm They Cause.Edmund F. Byrne - 2014 - Journal of Business Ethics 124 (4):609-621.
    Some progress has been made in recent decades to articulate corporate social responsibility (CSR) and, more recently, to associate CSR with international enforcement of human rights. This progress continues to be hampered, however, by the ability of a multinational corporation (MNC) that violates human rights not only to shift liability from itself to a nation-state but even to win compensation from that nation-state for loss of profits due to restrictions on its business activities. In the process, the nation-state’s sovereignty (...)
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  10. Conspiring with the Enemy: The Ethic of Cooperation in Warfare.Yvonne Chiu - 2019 - New York, NY, USA: Columbia University Press.
    *North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of (...)
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  11. Does Situationism Excuse? The Implications of Situationism for Moral Responsibility and Criminal Responsibility.Ken Levy - 2015 - Arkansas Law Review 68:731-787.
    In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four (...)
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  12.  53
    COVID-19 Calls for Virtue Ethics.Francesca Bellazzi & Konrad V. Boyneburgk - 2020 - Journal of Law and the Biosciences 7 (1).
    The global spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or coronavirus disease 19 (COVID-19) has led to the imposition of severely restrictive measures by governments in the Western hemisphere. We feel a contrast between these measures and our freedom. This contrast, we argue, is a false perception. It only appears to us because we look at the issue through our contemporary moral philosophy of utilitarianism and an understanding of freedom as absence of constraints. Both these views can be (...)
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  13.  76
    Corporate Essence and Identity in Criminal Law.Mihailis E. Diamantis - 2018 - Journal of Business Ethics 154 (4):955-966.
    How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number (...)
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  14. Ethics and the Brains of Psychopaths: The Significance of Psychopathy for Our Ethical and Legal Theories.William Hirstein & Katrina Sifferd - 2014 - In Charles Wolfe (ed.), Brain Theory: Essays in Critical Neurophilosophy. London: Springer. pp. 149-170.
    The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition. The first of these models, Newman’s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair’s amygdala model and Kiehl’s paralimbic model represent the (...)
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  15. International Political Theory Meets International Public Policy.Christian Barry - 2018 - In Chris Brown & Robyn Eckersley (eds.), Oxford Handbook of International Political Theory. Oxford, UK: Oxford University Press. pp. 480-494.
    How should International Political Theory (IPT) relate to public policy? Should theorists aspire for their work to be policy- relevant and, if so, in what sense? When can we legitimately criticize a theory for failing to be relevant to practice? To develop a response to these questions, I will consider two issues: (1) the extent to which international political theorists should be concerned that the norms they articulate are precise enough to entail clear practical advice under different empirical (...)
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  16. Is Obedience a Virtue?Jessica Wolfendale - 2019 - In Michael Skerker, Donald G. Carrick & David Whetham (eds.), Military Virtues. Havant, UK: Howgate Publishing Limited. pp. 62-69.
    In the United States, all military personnel swear to obey “the orders of the President of the United States and the orders of the officers appointed over me.” Military personnel must obey orders promptly in order to facilitate effective military functioning. Yet, obedience to orders has been associated with the commission of war crimes. Military personnel of all ranks have committed torture, rape, genocide, and murder under orders. “I was just following orders” (respondaet superior) is no longer accepted as a (...)
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  17. A (Moral) Prisoner's Dilemma: Character Ethics and Plea Bargaining.Andrew Ingram - 2013 - Ohio State Journal of Criminal Law 11 (1):161-177.
    Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...)
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  18. Virtue Ethics and Criminal Punishment.Katrina Sifferd - 2016 - In Jon Webber & Alberto Masala (eds.), From Personality to Virtue. Oxford University Press.
    In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making (...)
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  19. Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised?John Danaher - 2017 - Criminal Law and Philosophy 11 (1):71-95.
    Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The (...)
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  20. The Law and Ethics of Virtual Sexual Assault.John Danaher - forthcoming - In Marc Blitz & Woodrow Barfield (eds.), The Law of Virtual and Augmented Reality. Cheltenham, UK: Edward Elgar Press.
    This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual assault?
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  21. Testimonial Injustice in International Criminal Law.Shannon Fyfe - 2018 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 5 (2):155-171.
    In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two harms of testimonial injustice: epistemic harm to the speaker, and harm to the truth-seeking process. I conclude that international criminal courtrooms are (...)
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  22. Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW]Matthew Lister - 2010 - Concurring Opinions Blog:1.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
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  23. Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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  24.  88
    The Moral Foundations of International Criminal Law.Jamie Terence Kelly - 2010 - Journal of Human Rights 9 (4):502-510.
    This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).
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  25. Drug Laws, Ethics, and History.Adam Greif - 2019 - Filozofia 74 (2):95 - 110.
    In this paper, I present and criticize several historical arguments in favour of prohibition and criminalization of illicit psychoactive substances. I consider several versions of Charles Brent’s argument from drug harms and an argument from addiction based on Kantian view on autonomy. My criticism will mainly rely on empirical evidence on drugs, drug use, and addiction. I think that in light of this evidence, all of the arguments lose their cogency or can be refuted altogether. Moreover, the evidence reveals an (...)
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  26. Bioethics, Complementarity, and Corporate Criminal Liability.Ryan Long - 2017 - International Criminal Law Review 17 (6):997-1021.
    This article provides a brief introduction to some contemporary challenges found in the intersection of bioethics and international criminal law involving genetic privacy, organ trafficking, genetic engineering, and cloning. These challenges push us to re-evaluate the question of whether the international criminal law should hold corporations criminally liable. I argue that a minimalist and Strawsonian conception of corporate responsibility could be useful for deterring the wrongs outlined in first few sections and in answering compelling objections to (...)
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  27. A Response to Harman: Virtue Ethics and Character Traits: Discusions.Nafsika Athanassoulis - 2000 - Proceedings of the Aristotelian Society 100 (2):215-221.
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  28. L'etica del Novecento. Dopo Nietzsche.Sergio Cremaschi - 2005 - Roma RM, Italia: Carocci.
    TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...)
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  29. Ethics, Law and Social Justice.Kiyoung Kim - 2015 - SSRN.
    Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two concepts, (...)
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  30. Agency and Responsibility in Aristotle's Eudemian Ethics.Jozef Müller - 2015 - Phronesis: A Journal for Ancient Philosophy 60 (2):206-251.
    I defend two main theses. First, I argue that Aristotle’s account of voluntary action focuses on the conditions under which one is the cause of one’s actions in virtue of being (qua) the individual one is. Aristotle contrasts voluntary action not only with involuntary action but also with cases in which one acts (or does something) due to one’s nature (for example, in virtue of being a member of a certain species) rather than due to one’s own desires (...)
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  31. What is a Relational Virtue?Sungwoo Um - 2021 - Philosophical Studies 178 (1):95-111.
    In this paper, I introduce what I call relational virtue and defend it as an important subcategory of virtue. In particular, I argue that it offers a valuable resource for answering questions concerning the value of intimate relationships such as parent-child relationship or friendship. After briefly sketching what I mean by relational virtue, I show why it is a virtue and in what sense we can meaningfully distinguish it from other sorts of virtue. I (...)
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  32. Robots, Law and the Retribution Gap.John Danaher - 2016 - Ethics and Information Technology 18 (4):299–309.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...)
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  33. Public Health and Safety: The Social Determinants of Health and Criminal Behavior.Gregg D. Caruso - 2017 - London, UK: ResearchLinks Books.
    There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects (...)
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  34. Where Are Virtues?Joshua August Skorburg - 2019 - Philosophical Studies 176 (9):2331-2349.
    This paper argues that the question, ‘where are virtues?’ demands a response from virtue theorists. Despite the polarizing nature of debates about the relevance of empirical work in psychology for virtue theory, I first show that there is widespread agreement about the underlying structure of virtue. Namely, that virtues are comprised of cognitive and affective processes. Next, I show that there are well-developed arguments that cognitive processes can extend beyond the agent. Then, I show that there are (...)
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  35.  58
    Review of Gottlieb, The Virtue of Aristotle’s Ethics. [REVIEW]Thornton C. Lockwood Jr - 2011 - International Philosophical Quarterly 51 (3):418-420.
    In his Metaphysics of Morals, Kant famously wrote “The distinction between virtue and vice can never be sought in the degree to which one follows certain maxims…In other words, the well-known principle (Aristotle’s) that locates virtue in the mean between two vices is false.” Kant is not the first (or the last) thinker to take to task Aristotle’s doctrine of the mean, but he is representative of a line of criticism of Aristotle’s doctrine which argues that ethics is (...)
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  36. When May Soldiers Participate in War?Uwe Steinhoff - 2016 - International Theory 8 (2):262-296.
    I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory (...)
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  37. The Routledge Handbook of the Philosophy of Childhood and Children.Anca Gheaus, Gideon Calder & Jurgen De Wispelaere (eds.) - 2018 - Routledge.
    Childhood looms large in our understanding of human life as it is a phase through which all adults have passed. Childhood is foundational to the development of selfhood, the formation of interests, values and skills and to the lifespan as a whole. Understanding what it is like to be a child, and what differences childhood makes, are essential for any broader understanding of the human condition. The Routledge Handbook of the Philosophy of Childhood and Children is an outstanding reference (...)
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  38. A Virtue Ethical Account of Making Decisions About Risk.N. Athanassoulis & A. Ross - 2010 - Journal of Risk Research 13 (2):217.
    Abstract Most discussions of risk are developed in broadly consequentialist terms, focusing on the outcomes of risks as such. This paper will provide an alternative account of risk from a virtue ethical perspective, shifting the focus to the decision to take the risk. Making ethical decisions about risk is, we will argue, not fundamentally about the actual chain of events that the decision sets in process, but about the reasonableness of the decision to take the risk in the first (...)
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  39. The Binding Force of Nascent Norms of International Law.Anthony R. Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is (...)
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  40. Virtue Ethics, Narrative, and Revisionary Accounts of Rightness.Jason Kawall - 2021 - In Joseph Ulatowski & Liezl Van Zyl (eds.), Virtue, Narrative, and Self: Explorations of Character in the Philosophy of Mind and Action. New York, NY, USA: pp. 91-116.
    In response to prominent criticisms of virtue ethical accounts of right action, Daniel Russell has argued that these criticisms are misguided insofar as they rest on an incorrect understanding of what virtue ethicists mean by ‘right action’, drawing on Rosalind Hursthouse’s influential account of the term. Liezl van Zyl has explored, though not fully-endorsed, a similar approach. The response holds that virtue ethicists do not embrace a strong connection between (i) right action and (ii) what any given (...)
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  41.  80
    Does Criminal Responsibility Rest Upon a False Supposition? No.Luke William Hunt - 2020 - Washington University Jurisprudence Review 13 (1):65-84.
    Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is that (...)
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  42. Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention.Ken Levy - 2011 - San Diego Law Review 48:1299-1395.
    I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...)
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  43.  37
    Human Security Law in Iraq: Reforming Rules, Practices, and Urban Spaces.Hannibal Travis - manuscript
    This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, (...)
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  44.  9
    CHILDREN OF AFRICA: CHILD SOLDIER AND CHILD LABOUR.Benjamin Ijenu - forthcoming - Augustiniana.
    A child, according to Nigerian law (2019), "is a conceptualized term used for anybody that is 14 years old and below." Anshana Arora (2020) found that Africa’s child population will reach 1 billion by 2055, making it the largest child population among all continents. Yet, according to a recent report by UNICEF (2020), between 2005 and 2020, more than 93,000 children were verified as "child soldiers," used in different armed conflicts in Africa. Other cases document girls (...)
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  45. On the Relevance of Neuroscience to Criminal Responsibility.Nicole A. Vincent - 2010 - Criminal Law and Philosophy 4 (1):77-98.
    Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, (...)
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  46. Real Corporate Responsibility.Eric Palmer - 2004 - In John Hooker & Peter Madsen (eds.), International Corporate Responsibility Series. Carnegie Mellon University Press. pp. 69-84.
    The Call for Papers for this conference suggests the topic, “international codes of business conduct.” This paper is intended to present a shift from a discussion of codes, or constraints to be placed upon business, to an entirely different topic: to responsibility, which yields duty, and the reciprocal concept, right. Beyond the framework of external regulation and codes of conduct, voluntary or otherwise, lies another possible accounting system: one of real corporate responsibility, which arises out of the evident capability (...)
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  47. Responsibility and Revision: A Levinasian Argument for the Abolition of Capital Punishment.Benjamin S. Yost - 2011 - Continental Philosophy Review 44 (1):41-64.
    Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...)
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  48. Virtue Ethics in the Military.Peter Olsthoorn - 2014 - In Stan van Hooft (ed.), The Handbook of Virtue Ethics. Routledge. pp. 365-374.
    In addition to the traditional reliance on rules and codes in regulating the conduct of military personnel, most of today’s militaries put their money on character building in trying to make their soldiers virtuous. Especially in recent years it has time and again been argued that virtue ethics, with its emphasis on character building, provides a better basis for military ethics than deontological ethics or utilitarian ethics. Although virtue ethics comes in many varieties these days, in many texts (...)
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  49. Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - 2019 - In Kimberly Ferzan & Larry Alexander (eds.), Handbook of Applied Ethics and the Criminal Law. New York: Palgrave.
    In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we (...)
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  50. Reconciling the Opposing Effects of Neurobiological Evidence on Criminal Sentencing Judgments.Corey Allen, Karina Vold, Gidon Felson, Jennifer Blumenthal-Barby & Eyal Aharoni - 2019 - PLoS ONE 1:1-17.
    Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant’s responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern (...)
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