Results for 'criminal behavior'

1000+ found
Order:
  1. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  2. Free Will Skepticism and Criminal Behavior: A Public Health-Quarantine Model.Gregg D. Caruso - 2016 - Southwest Philosophy Review 32 (1):25-48.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical (...)
    Download  
     
    Export citation  
     
    Bookmark   18 citations  
  3. Tripartition and the Causes of Criminal Behavior in Laws Ix.Joshua Wilburn - 2013 - Ancient Philosophy 33 (1):111-134.
    In this paper I argue that, despite what many commentators have concluded, Plato’s division of three psychological “causes” of criminal behavior at Laws 863b1-e3 (anger, pleasure, and ignorance) is not intended to invoke the tripartite theory of the soul. I suggest that the focus of the division is on an alternative moral psychological picture, one which is better suited to the criminal penology of Book 9. However, I argue, this alternative picture is nonetheless consistent with tripartite theory.
    Download  
     
    Export citation  
     
    Bookmark  
  4. Associations Between Psychopathic Traits and Brain Activity During Instructed False Responding.Andrea L. Glenn, Hyemin Han, Yaling Yang, Adrian Raine & Robert A. Schug - 2017 - Psychiatry Research: Neuroimaging 266:123-137.
    Lying is one of the characteristic features of psychopathy, and has been recognized in clinical and diagnostic descriptions of the disorder, yet individuals with psychopathic traits have been found to have reduced neural activity in many of the brain regions that are important for lying. In this study, we examine brain activity in sixteen individuals with varying degrees of psychopathic traits during a task in which they are instructed to falsify information or tell the truth about autobiographical and non-autobiographical facts, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5.  18
    Genetics Crime and Justice. [REVIEW]Sally Ramage - 2015 - CCL 9 (3):2-31.
    This review is unashamedly from the perspective of English law because busy United Kingdom criminal law solicitors and barristers mostly wish to know what the law states, which case is a precedent case and whether the author has provided up-to-date legal information. This is because legal practitioners deal with real and urgent cases. The English Income Tax Act gained Royal Assent in 1799 the first government attempt to stop early tax avoidance. Later, tax avoidance schemes (which in English Law (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  7. Genetics Crime and Justice, Edward Elgar 2015.Sally Ramage - 2016 - Current Criminal Law 9 (3):2-29.
    The UK government decided to introduce Income Tax in 1799. Later, tax avoidance schemes involved creation of Deeds of Convenant. It is a fact that crime is increasing but the number of people committing crime is not increasing because many crimes are repeated crimes committed by persons with habitual criminal behaviour, ie hard-core criminals. -/- For more than half a century now, there has been scientific evidence that genetics plays a key role in the origins of criminal behaviour. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8.  28
    A Change of Face: Using Graffiti to Re-Imagine Spaces.Luba Pirgova-Morgan - 2017 - Mabini Review 6:38-54.
    In much of the literature graffiti is connected to notions of defacing, devaluing, vandalising, participating in an illegal activity or exhibiting ‘anti-social behaviour.’ The aim of this paper is to show the change of perceptions toward graffiti as less of an act of vandalism or a criminal activity and more of a solution to many social and political concerns. The paper offers a way to reframe graffiti as the solution rather then the problem based on a study of graffiti (...)
    Download  
     
    Export citation  
     
    Bookmark  
  9. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. Judging Mechanistic Neuroscience: A Preliminary Conceptual-Analytic Framework for Evaluating Scientific Evidence in the Courtroom.Jacqueline Anne Sullivan & Emily Baron - 2018 - Psychology, Crime and Law (00):00-00.
    The use of neuroscientific evidence in criminal trials has been steadily increasing. Despite progress made in recent decades in understanding the mechanisms of psychological and behavioral functioning, neuroscience is still in an early stage of development and its potential for influencing legal decision-making is highly contentious. Scholars disagree about whether or how neuroscientific evidence might impact prescriptions of criminal culpability, particularly in instances in which evidence of an accused’s history of mental illness or brain abnormality is offered to (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  11. Justice without Retribution: An Epistemic Argument against Retributive Criminal Punishment.Gregg D. Caruso - 2020 - Neuroethics 13 (1):13-28.
    Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   8 citations  
  12. Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System.Ken Levy - 2014 - Rutgers Law Review 66:629-684.
    Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he (...)
    Download  
     
    Export citation  
     
    Bookmark  
  13.  67
    How Should Free Will Skeptics Pursue Legal Change?Marcelo Fischborn - 2018 - Neuroethics 11 (1):47-54.
    Free will skepticism is the view that people never truly deserve to be praised, blamed, or punished for what they do. One challenge free will skeptics face is to explain how criminality could be dealt with given their skepticism. This paper critically examines the prospects of implementing legal changes concerning crime and punishment derived from the free will skeptical views developed by Derk Pereboom and Gregg Caruso. One central aspect of the changes their views require is a concern for reducing (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14. Not Guilty By Reason of Genetic Determinism.Mark Philpott - 1996 - In Henry Tam (ed.), Punishment, Excuses and Moral Development. Avebury. pp. 95-112.
    In February 1994, Stephen Mobley was convicted of the murder of John Collins. Mobley's lawyers attempted to introduce genetic evidence in an attempt to have Mobley's sentence reduced from death to life imprisonment. I examine the prospects for appeal to genetic determinism as a criminal defense. Guided by existing standards for insanity defenses, I argue that a genetic defense might be allowable in exceptional cases but will not be generally available as some have worried.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  15. The Public Health-Quarantine Model.Gregg D. Caruso - forthcoming - In Oxford Handbook of Moral Responsibility. New York: Oxford University Press.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  16. Examining the Factor Structure of the Self-Report of Psychopathy Short-Form Across Four Young Adult Samples.Hailey L. Dotterer, Rebecca Waller, Craig S. Neumann, Daniel S. Shaw, Erika E. Forbes, Ahmad R. Hariri & Luke W. Hyde - forthcoming - Assessment:1-18.
    Psychopathy refers to a range of complex behaviors and personality traits, including callousness and antisocial behavior, typically studied in criminal populations. Recent studies have used self-reports to examine psychopathic traits among noncriminal samples. The goal of the current study was to examine the underlying factor structure of the Self-Report of Psychopathy Scale–Short Form (SRP-SF) across complementary samples and examine the impact of gender on factor structure. We examined the structure of the SRP-SF among 2,554 young adults from three (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. Hard-Incompatibilist Existentialism: Neuroscience, Punishment, and Meaning in Life.Derk Pereboom & Gregg D. Caruso - 2018 - In Gregg D. Caruso & Owen Flanagan (eds.), Neuroexistentialism: Meaning, Morals, and Purpose in the Age of Neuroscience. Oxford University Press.
    As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...)
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  18. “Psychopathy, Moral Reasons, and Responsibility”.Erick Ramirez - 2013 - In Alexandra Perry C. D. Herrera (ed.), Ethics and Neurodiversity.
    In popular culture psychopaths are inaccurately portrayed as serial killers or homicidal maniacs. Most real-world psychopaths are neither killers nor maniacs. Psychologists currently understand psychopathy as an affective disorder that leads to repeated criminal and antisocial behavior. Counter to this prevailing view, I claim that psychopathy is not necessarily linked with criminal behavior. Successful psychopaths, an intriguing new category of psychopathic agent, support this conception of psychopathy. I then consider reactive attitude theories of moral responsibility. Within (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  19. Free Will Skepticism and the Question of Creativity: Creativity, Desert, and Self-Creation.D. Caruso Gregg - 2016 - Ergo: An Open Access Journal of Philosophy 3.
    Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  20. The Return of Lombroso? Ethical Aspects of Preventive Forensic Screening.Christian Munthe & Susanna Radovic - 2015 - Public Health Ethics 8 (3):270-283.
    The vision of legendary criminologist Cesare Lombroso to use scientific theories of individual causes of crime as a basis for screening and prevention programmes targeting individuals at risk for future criminal behaviour has resurfaced, following advances in genetics, neuroscience and psychiatric epidemiology. This article analyses this idea and maps its ethical implications from a public health ethical standpoint. Twenty-seven variants of the new Lombrosian vision of forensic screening and prevention are distinguished, and some scientific and technical limitations are noted. (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  21.  43
    Introduction.Thomas Douglas & David Birks - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
    Crime-preventing neurointerventions (CPNs) are increasingly being used or advocated for crime prevention. There is increasing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Recent developments suggest that we may ultimately have at our disposal a range of drugs capable of suppressing violent aggression, and it is not difficult to imagine possible applications of such drugs in crime prevention. But should neurointerventions be used in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  22.  95
    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 than an (...)
    Download  
     
    Export citation  
     
    Bookmark  
  23. 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, (...)
    Download  
     
    Export citation  
     
    Bookmark   14 citations  
  24. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25. Criminal Responsibility.Ken M. Levy - 2019 - In Robert D. Morgan (ed.), SAGE Encyclopedia of Criminal Psychology. Thousand Oaks, California, USA: Sage Publishing. pp. 269-272.
    This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were (...)
    Download  
     
    Export citation  
     
    Bookmark  
  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 corporate (...) liability. (shrink)
    Download  
     
    Export citation  
     
    Bookmark  
  27. 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 analysis, (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  28.  61
    The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
    Download  
     
    Export citation  
     
    Bookmark  
  29.  75
    Aesthetic Dissonance. On Behavior, Values, and Experience Through New Media.Adrian Mróz - 2019 - Hybris 47:1-21.
    Aesthetics is thought of as not only a theory of art or beauty, but also includes sensibility, experience, judgment, and relationships. This paper is a study of Bernard Stiegler’s notion of Aesthetic War (stasis) and symbolic misery. Symbolic violence is ensued through a loss of individuation and participation in the creation of symbols. As a struggle between market values against spirit values human life and consciousness within neoliberal hyperindustrial society has become calculable, which prevents people from creating affective and meaningful (...)
    Download  
     
    Export citation  
     
    Bookmark  
  30. Is It Wrong to Criminalize and Punish Psychopaths?Andrea L. Glenn, Adrian Raine & William S. Laufer - 2011 - Emotion Review 3 (3):302-304.
    Increasing evidence from psychology and neuroscience suggests that emotion plays an important and sometimes critical role in moral judgment and moral behavior. At the same time, there is increasing psychological and neuroscientific evidence that brain regions critical in emotional and moral capacity are impaired in psychopaths. We ask how the criminal law should accommodate these two streams of research, in light of a new normative and legal account of the criminal responsibility of psychopaths.
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  31. Explaining the Behaviour of Random Ecological Networks: The Stability of the Microbiome as a Case of Integrative Pluralism.Roger Deulofeu, Javier Suárez & Alberto Pérez-Cervera - forthcoming - Synthese:1-23.
    Explaining the behaviour of ecosystems is one of the key challenges for the biological sciences. Since 2000, new-mechanicism has been the main model to account for the nature of scientific explanation in biology. The universality of the new-mechanist view in biology has been however put into question due to the existence of explanations that account for some biological phenomena in terms of their mathematical properties (mathematical explanations). Supporters of mathematical explanation have argued that the explanation of the behaviour of ecosystems (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  32. The Moderating Role of Context in Determining Unethical Managerial Behavior: A Case Survey.Miska Christof, Günter K. Stahl & Matthias Fuchs - 2018 - Journal of Business Ethics 153 (3):793-812.
    We examine the moderating role of the situational and organizational contexts in determining unethical managerial behavior, applying the case-survey methodology. On the basis of a holistic, multiple-antecedent perspective, we hypothesize that two key constructs, moral intensity and situational strength, help explain contextual moderating effects on relationships between managers’ individual characteristics and unethical behavior. Based on a quantitative analysis of 52 case studies describing occurrences of real-life unethical conduct, we find empirical support for the hypothesized contextual moderating effects of (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  33. Restoring Trustworthiness in the Financial System: Norms, Behaviour and Governance.Aisling Crean, Natalie Gold, David Vines & Annie Williamson - 2018 - Journal of the British Academy 6 (S1):131-155.
    Abstract: We examine how trustworthy behaviour can be achieved in the financial sector. The task is to ensure that firms are motivated to pursue long-term interests of customers rather than pursuing short-term profits. Firms’ self-interested pursuit of reputation, combined with regulation, is often not sufficient to ensure that this happens. We argue that trustworthy behaviour requires that at least some actors show a concern for the wellbeing of clients, or a respect for imposed standards, and that the behaviour of these (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. Autonomy and the Ethics of Biological Behaviour Modification.Julian Savulescu, Thomas Douglas & Ingmar Persson - 2014 - In Akira Akabayashi (ed.), The Future of Bioethics: International Dialogues. Oxford: Oxford University Press.
    Much disease and disability is the result of lifestyle behaviours. For example, the contribution of imprudence in the form of smoking, poor diet, sedentary lifestyle, and drug and alcohol abuse to ill-health is now well established. More importantly, some of the greatest challenges facing humanity as a whole – climate change, terrorism, global poverty, depletion of resources, abuse of children, overpopulation – are the result of human behaviour. In this chapter, we will explore the possibility of using advances in the (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  35. The Anarchic Hand Syndrome and Utilization Behavior: A Window Onto Agentive Self-Awareness.Elisabeth Pacherie - 2007 - Functional Neurology 22 (4):211 - 217.
    Two main approaches can be discerned in the literature on agentive self-awareness: a top-down approach, according to which agentive self-awareness is fundamentally holistic in nature and involves the operations of a central-systems narrator, and a bottom-up approach that sees agentive self-awareness as produced by lowlevel processes grounded in the very machinery responsible for motor production and control. Neither approach is entirely satisfactory if taken in isolation; however, the question of whether their combination would yield a full account of agentive self-awareness (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  36. Empathy and Morality in Behaviour Readers.Susana Monsó - 2015 - Biology and Philosophy 30 (5):671-690.
    It is tempting to assume that being a moral creature requires the capacity to attribute mental states to others, because a creature cannot be moral unless she is capable of comprehending how her actions can have an impact on the well-being of those around her. If this assumption were true, then mere behaviour readers could never qualify as moral, for they are incapable of conceptualising mental states and attributing them to others. In this paper, I argue against such an assumption (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  37. On the Criminal Culpability of Successful and Unsucessful Psychopaths.Katrina L. Sifferd & William Hirstein - 2013 - Neuroethics 6 (1):129-140.
    The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  38. What Someone’s Behaviour Must Be Like If We Are to Be Aware of Their Emotions in It.Rowland Stout - 2012 - Phenomenology and the Cognitive Sciences 11 (2):135-148.
    What someone’s behaviour must be like if we are to be aware of their emotions in it Content Type Journal Article Pages 1-14 DOI 10.1007/s11097-011-9224-0 Authors Rowland Stout, School of Philosophy, UCD Dublin, Dublin 4, Republic of Ireland Journal Phenomenology and the Cognitive Sciences Online ISSN 1572-8676 Print ISSN 1568-7759.
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  39. 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 particularly susceptible to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. Changing the Criminal Character: Nanotechnology and Criminal Punishment.Katrina Sifferd - 2012 - In A. Santosuosso (ed.), Proceedings of the 2011 Law and Science Young Scholars Symposium. Pavia University Press.
    This chapter examines how advances in nanotechnology might impact criminal sentencing. While many scholars have considered the ethical implications of emerging technologies, such as nanotechnology, few have considered their potential impact on crucial institutions such as our criminal justice system. Specifically, I will discuss the implications of two types of technological advances for criminal sentencing: advanced tracking devices enabled by nanotechnology, and nano-neuroscience, including neural implants. The key justifications for criminal punishment- including incapacitation, deterrence, rehabilitation, and (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  41. Moral Responsibility and the Strike Back Emotion: Comments on Bruce Waller’s The Stubborn System of Moral Responsibility.Gregg Caruso - forthcoming - Syndicate Philosophy 1 (1).
    In The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  42. Learning, Evolvability and Exploratory Behaviour: Extending the Evolutionary Reach of Learning.Rachael L. Brown - 2013 - Biology and Philosophy 28 (6):933-955.
    Traditional accounts of the role of learning in evolution have concentrated upon its capacity as a source of fitness to individuals. In this paper I use a case study from invasive species biology—the role of conditioned taste aversion in mitigating the impact of cane toads on the native species of Northern Australia—to highlight a role for learning beyond this—as a source of evolvability to populations. This has two benefits. First, it highlights an otherwise under-appreciated role for learning in evolution that (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  43. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  44. An Account of Boeschian Cooperative Behaviour.Olle Blomberg - 1st ed. 2015 - In Catrin Misselhorn (ed.), Collective Agency and Cooperation in Natural and Artificial Systems. Springer Verlag.
    Philosophical accounts of joint action are often prefaced by the observation that there are two different senses in which several agents can intentionally perform an action Φ, such as go for a walk or capture the prey. The agents might intentionally Φ together, as a collective, or they might intentionally Φ in parallel, where Φ is distributively assigned to the agents, considered as a set of individuals. The accounts are supposed to characterise what is distinctive about activities in which several (...)
    Download  
     
    Export citation  
     
    Bookmark  
  45. 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, (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  46. Responsibility, Incompetence, and Psychopathy.David O. Brink - 2013 - In The Lindley Lecture. University of Kansas.
    This essay articulates a conception of responsibility and excuse in terms of the fair opportunity to avoid wrongdoing and explores its implications for insanity, incompetence, and psychopathy. The fair opportunity conception factors responsibility into conditions of normative competence and situational control and factors normative competence into cognitive and volitional capacities. This supports a conception of incompetence that recognizes substantial impairment of either cognitive or volitional capacities as excusing, provided the agent is not substantially responsible for her own incompetence. This conception (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47.  27
    Adaptive Information and Animal Behaviour: Why Motorists Stop at Red Traffic Lights.Ronald W. Templeton & James Franklin - 1992 - Evolutionary Theory 10:145-155.
    Argues that information, in the animal behaviour or evolutionary context, is correlation/covariation. The alternation of red and green traffic lights is information because it is (quite strictly) correlated with the times when it is safe to drive through the intersection; thus driving in accordance with the lights is adaptive (causative of survival). Daylength is usefully, though less strictly, correlated with the optimal time to breed. Information in the sense of covariance implies what is adaptive; if an animal can infer what (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  48. Why Life is Necessary for Mind: The Significance of Animate Behavior.Douglas C. Long - 2010 - In James O'Shea Eric Rubenstein (ed.), Self, Language, and World:Problems from Kant, Sellars, and Rosenberg. Ridgeview Publishing Co. pp. 61-88.
    I defend the thesis that psychological states can be literally ascribed only to living creatures and not to nonliving machines, such as sophisticated robots. Defenders of machine consciousness do not sufficiently appreciate the importance of the biological nature of a subject for the psychological significance of its behavior. Simulations of a computer-controlled, nonliving autonomous robot cannot carry the same psychological meaning as animate behavior. Being a living creature is an essential link between genuinely expressive behavior and justified (...)
    Download  
     
    Export citation  
     
    Bookmark  
  49. Political Theory and Criminal Law.George P. Fletcher - 2006 - Criminal Justice Ethics 25 (1):18-38.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  50. Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW]Andrew Botterell - 2013 - University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
1 — 50 / 1000