Inchoate crime consists of acts that are regarded as crimes despite the fact that they are only partial or incomplete in some respect. This includes acts that do not succeed in physically harming the victim or are only indirectly related to such a result. Examples include attempts (as in attempted murder that does not eventuate in the killing of anyone), conspiracy (in which case the crime has only been planned, not yet acted out) and incitement (where the (...) inciter does not himself commit the crime he is urging others to undertake). The present paper attempts to analyze these inchoate crimes from a libertarian perspective, based on the non-aggression principle. (shrink)

Can we conceive of disorder in a positive sense? We organize our desks, we discipline our children, we govern our polities--all with the aim of reducing disorder, of temporarily reversing the entropy that inevitably asserts itself in our lives. Going all the way back to Hesiod, we see chaos as a cosmogonic state of utter confusion inevitably reigned in by laws of regularity, in a transition from fearful unpredictability to calm stability. In contrast to a similar early Chinese notion of (...) chaotic disorder (luan), early Daoists posit a type of chaos that is to be cultivated rather than feared. This chaos is a primal disorder, akin to Hesiod's, but rather than threatening disruption, it is replete with creative potential and through spontaneous action yields orderly processes that proceed from the concretion of things to their dissolution and back, in a complex web of relations. This processional activity, although taken in one sense as cosmogonic, in a more important sense is immanent at every moment of activity. This article identifies terms of chaos, such as dun dun 沌 沌, hundun 渾 沌, and xingming 涬 溟 in Laozi and Zhuangzi and examines the passages in which they occur. Analyzing these passages brings us to a better understanding of "chaos" in a Chinese sense and to a familiarity with related terms in its semantic field, such as xuan 玄 (dark, mysterious), miao 妙 (subtle/profound), wei 微 (minute/inchoate), xiao 小 (small/minute), and pu 樸 (uncarved block). We see that the Daoist ideal is to return to a chaotic inchoateness by melding with the cosmos and there finding a repository of creative potential. This notion of chaos as the inchoate is used a springboard into understanding the origins of Daoist spontaneity. (shrink)

War crimes are being committed in Ukraine today, but who should be held responsible? By looking at the literature on responsibility and violence by Philippa Foot and John Harris, this article argues that there are grounds for holding Vladimir Putin responsible for war crimes in Ukraine, even if he did not give the command for these crimes and other atrocities to be carried out.

In this paper, I challenge the traditional narrative that William James’s arguments against determinism were primarily motivated by his personal struggles with depression. I argue that James presents an alternative argument against determinism that is motivated by his commitment to sound scientific practice. James argues that determinism illegitimately extrapolates from observations of past events to predictions about future events without acknowledging the distinct metaphysical difference between them. This occupation with futurity suggests that James’s true target is better understood as logical (...) determinism rather than causal determinism. This has consequences for James’s proposed alternative, which I call his probabilistic underdeterminism, a conception of the universe that is built on chance, choice, and a local teleology. All of this forms part of a broader criticism of the scientific practices of his day based on their widespread failure to acknowledge the distorting effects of observation on that which is observed. (shrink)

Abstract – This study aimed primarily to determine the effectiveness of crime prevention strategies implemented by the Salug Valley Philippine National Police (PNP) in terms of Police Integrated Patrol System, Barangay Peacekeeping Operation, Anti-Criminality Operation, Integrated Area Community Public Safety services, Bantay Turista and School Safety Project as evaluated by 120 inhabitants and 138 PNP officers from four Municipalities of Salug Valley Zamboanga del Sur. Stratified random sampling was utilized in determining the respondents. Index crime rate were correlated (...) with the crime prevention strategies of the PNP in town of Salug Valley. A descriptive method of research was applied in this study utilizing self-made questionnaire. The data collected were analyzed using the main statistical tools like frequency count, percentage, mean computation, Kruskal Wallis Analysis of Variance and simple correlation. Findings of the study revealed that the crime prevention strategies in four (4) municipalities were “much effective” to include Integrated Patrol System, Barangay Peace Keeping Operations, Anti-Criminality Operations, Integrated Area Community Public Safety Services, Bantay Turista and School Safety Project in connection to the responses of 158 participants. There is a significant relationship between crime prevention strategies employed and index crime rate. (shrink)

Since 1900, debates about the justification of punishment have also been debates about the cause of crime. In the early twentieth century, the rehabilitative ideal of punishment viewed mental illness and dysfunction in individuals as the cause of crime. Starting in the 1970s, retributivism identified the immorality of human agents as the source of crime, which dovetailed well with the “tough-on-crime” political milieu of the 1980s and 1990s that produced mass incarceration. After surveying these historical trends, (...) Wirts argues for a social critical view that crime is best understood as a product of an unjust society, not faulty human beings. This view should take the lessons learned by the critiques of rehabilitation, however, and resist the tendency to reduce human beings to recipients of social services. (shrink)

In this article culture is understood as the ensemble of systems of classification, assessment, and interaction that establishes a basic community of values in a given social field. We will argue that this is made possible through the institution of fundamental prohibitions understood as mythical points of closure that set the last frontiers of that community by designating what crime is. Exploring these theses, we will see that criminal transgression may be thought of as the actualization of a rigorous (...) otherness. This otherness, however, is nothing but the culture itself in its extreme vectors, its contradictions, and residues. From there we will differentiate three types of crimes: paroxysmal, archaic, and impossible. And we will conclude that the criminal question it is not a ‘social problem’ among others. Rather, it is a fundamental crossroad where the very constitution of any culture is at stake. It is the question of the beginning and end of the societal order and its subjects. (shrink)

Gabriel Tarde, along with Durkheim and others, set the foundations for what is today a common-sense statement in social science: crime is a social phenomenon. However, the questions about what social is and what kind of social phenomenon crime is remain alive. Tarde’s writings have answers for both of these capital and interdependent problems and serve to renew our view of them. The aim of this article is to reconstruct Tarde’s definition of crime in terms of genus (...) and specific difference, exploring his criminology as a case of his general sociology. This procedure shows that Tarde succeeded in creating a comprehensive theory of crime and criminals founded not only on his most well-known concept, imitation, but also on his equally important concepts of invention, opposition, social logic and social teleology. For Tarde, crime is a complex phenomenon related to criminal inventions, criminal propagations, the production of penal laws, the execution of controls and punishments, and the collective reactions to all these. (shrink)

This chapter sets the scene for the subsequent philosophical discussions by surveying a number of biological interventions that have been used, or might in the future be used, for the purposes of crime prevention. These interventions are pharmaceutical interventions intended to suppress libido, treat substance abuse or attention deficit-hyperactivity disorder (ADHD), or modulate serotonin activity; nutritional interventions; and electrical and magnetic brain stimulation. Where applicable, we briefly comment on the historical use of these interventions, and in each case we (...) discuss the evidence that they are effective, or might become so with further refinement. The chapter concludes with a comment on some potentially significant differences between the varieties of intervention that we canvass. (shrink)

In this article culture is understood as the ensemble of systems of classification, assessment, and interaction that establishes a basic community of values in a given social field. We will argue that this is made possible through the institution of fundamental prohibitions understood as mythical points of closure that set the last frontiers of that community by designating what crime is. Exploring these theses, we will see that criminal transgression may be thought of as the actualization of a rigorous (...) otherness. This otherness, however, is nothing but the culture itself in its extreme vectors, its contradictions, and residues. From there we will differentiate three types of crimes: paroxysmal, archaic, and impossible. And we will conclude that the criminal question it is not a ‘social problem’ among others. Rather, it is a fundamental crossroad where the very constitution of any culture is at stake. It is the question of the beginning and end of the societal order and its subjects. (shrink)

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. (...) There are many ethical considerations thus raised which governments are reluctant to face and which, if faced, will cost a lot in financial terms to implement and to also dismantle the old entrenched systems -/- As the author states, genetics is considered in evidence only in federal United States ; New Zealand and Australia and not in the United Kingdom, although the UK’s Criminal Justice Act 2003 does, in some circumstances, allow evidence from relatives about the defendant’s character, but this is not expert evidence but merely non-expert opinion, permitted in relation to the defendant’s bad character in circumstances as per s 101 CJA 2003. Note that in the US, the Federal Rules of Evidence Rule 402 prevents the submission of irrelevant evidence. -/-. (shrink)

‘Crime is a prohibited act from which results in more evil than good’ is how Jeremy Bentham described crime. ‘Crime is a serious anti-social action to which the State reacts consciously by inflicting pain’, is how W.A.Bonger describes crime. Morality and its lack thereof are related to crime. Morality is so closely interwoven with social conduct and immorality interwoven with criminal conduct that it is desirable to investigate this matter further and so this shorter version (...) of a paper by Sally Ramage is the vehicle by which to look further into this issue of moral crime which notion is based on accepted moral code and common sense. We need to urgently study moral crime if we are to arrest the current moral decline in society and restore integrity and trust to the human race. In this example we see that maturity does not mellow the human psyche as modern criminal law states. It was Sir Norwood East who stated that ‘acquisitiveness, aggressiveness and sexuality are often closely associated but the maturity which changes criminality is never going to be present until one is conscious of one’s own maturity by beginning to live in that consciousness’. Social conduct must be cultivated. Crucially, sociologists argue that social conduct may vary with time and place. However, the case of maturity is different when considering those in formative early life and also in declining periods of life. It must be cultivated. It does not happen automatically with age and some people can never change since their greed, selfishness and criminal inclinations remain steadfast. To these types, there is no resilience learnt because resilience is characteristic of the formative period of life when the disappointments of today are counterbalanced by the anticipations of tomorrow. (shrink)

As obras "Crime e Castigo" de Fiódor Dostoiévski e "A Morte de Ivan Ilitch" de Liev Tolstói são pilares da literatura russa do século XIX que transcenderam seu tempo para se tornarem referências fundamentais na exploração das complexidades éticas, morais e filosóficas da condição humana. Ambos os livros, o primeiro um romance e o segundo uma novela, não apenas cativam pela profundidade psicológica de seus personagens, mas também servem como palcos para uma profunda reflexão sobre questões de Justiça, moralidade (...) e a interseção entre o indivíduo e o sistema legal. (shrink)

Causes of crime are the subject of the etiology of criminal behavior, which is characterized by an interdisciplinary approach. There are many theories attempting to explain the determin ants of criminal behavior, a set of acts recognized by the criminal law, which emphasize different aspects of this phenomenon.

Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...) in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

In Wrongs and Crimes, Victor Tadros clarifies the debate about whether consent needs to be communicated by separating the question of whether consent requires expressive behaviour from the question of whether it requires “uptake” in the form of comprehension by the consent-receiver. Once this distinction is drawn, Tadros argues both that consent does not require uptake and that consent does not require expressive behaviour that provides evidence to the consent-receiver. As a result, Tadros takes the view that consent requires an (...) attempt to communicate, but nothing more. While I have found Tadros’s arguments for this conclusion intriguing and challenging, I am yet to be persuaded by them. In this essay, I try to say why. (shrink)

This essay provides an overview of the crime/tort distinction. It first investigates some of the fundamental differences between criminal law and tort law in doctrine and legal structure. It then explores some important similarities and differences in normative perspectives between the two doctrinal fields. This typology should prove analytically useful for examining some of the specific issues at the borderline of crime and torts—such as the proper scope of punitive damage liability and the question whether criminal law as (...) well as tort law should vary legal sanctions simply because of the fortuitous occurrence of harm. (shrink)

Every criminal act ought to be matched by a corresponding punishment, or so we may suppose, and every punishment ought to reflect a criminal act. We know how to count punishments. But how do we count crimes? In particular, how does our notion of a criminal action depend on whether the prohibited action is an activity, an accomplishment, an achievement, or a state?

Most philosophers believe that wrongdoers sometimes deserve to be punished by long prison sentences. They also believe that such punishments are justified by their consequences: they deter crime and incapacitate potential offenders. In this article, I argue that both these claims are false. No one deserves to be punished, I argue, because our actions are shot through with direct or indirect luck. I also argue that there are good reasons to think that punishing fewer people and much less harshly (...) will have better social consequences, at a reduced overall cost, then the long prison sentences that are usually seen as required for social protection. (shrink)

Artificial intelligence research and regulation seek to balance the benefits of innovation against any potential harms and disruption. However, one unintended consequence of the recent surge in AI research is the potential re-orientation of AI technologies to facilitate criminal acts, term in this article AI-Crime. AIC is theoretically feasible thanks to published experiments in automating fraud targeted at social media users, as well as demonstrations of AI-driven manipulation of simulated markets. However, because AIC is still a relatively young and (...) inherently interdisciplinary area—spanning socio-legal studies to formal science—there is little certainty of what an AIC future might look like. This article offers the first systematic, interdisciplinary literature analysis of the foreseeable threats of AIC, providing ethicists, policy-makers, and law enforcement organisations with a synthesis of the current problems, and a possible solution space. (shrink)

: The purpose of this paper is to address from a normative perspective issues raised by John Mueller in Redeeming Economics: Rediscovering the Missing Element. Mueller criticizes economists, including Austrians, for failing to properly address unilateral transfers—in particular, charity, childcare, and crime—in economic thought. Mueller challenges economist Gary Becker’s position that giving increases the […] The post “Charity, Childcare, and Crime: From Objectivist Ethics to the Austrian School” appeared first on Libertarian Papers.

This article opens with the consequentialist–deontologist debate, with the former concerned about the relevance of punitive measures against their crime reducing potentials, while the latter highlights punishment as censure of wrongful acts and the proportion of the punishment to the degree of crime. The article briefly discusses the empirical research on the impact of penal sanctions and focuses on three main kinds of empirical research into possible general deterrent effects—namely, association studies, quasi-experimental studies, and contextual and perceptual studies. (...) It addresses the methodological issues involved in deterrence research and summarizes the results precisely. This article also discusses reductivism in the view of the possibility that penal sanctions could influence the offender's will. The results suggest that crime preventive aims can justify sentencing policies only to a limited degree, at least for the foreseeable future. (shrink)

Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits of (...) criminal investigation, the costs associated with investigating old crimes, and the need to prioritize investigations in the face of limited police resources. This article emphasizes the first of these factors. It begins by considering the moral goals of a criminal justice system and the contribution of criminal investigations to the achievement of these goals, distinguishing between contributions that depend on further steps in the criminal justice process, such as prosecution and punishment, and contributions that can have value independently of these further steps. Using this important distinction, the article then examines a range of factors that relate the passage of time to criminal justice goals, including the seriousness of the crime; deterioration of evidence; death of the offender, victim and others affected by the crime; and diminished psychological connectedness between those affected by the crime and their current selves. While the range and non-uniformity of relevant factors preclude a simple answer to the question of when historic crimes should be investigated and call instead for case-by-case assessment, we find that the analysis does support some general conclusions that can guide such an assessment. (shrink)

Frequently, those who commit a crime forcibly are subject to greater punishment than those who commit the same crime without using force. But uncertainty surrounds the conditions that must be met for an act to be performed with force. It is particularly puzzling that acts that are committed through threat, which are in no way harmful, are nonetheless classified under the law as forcibly committed. This paper explains why by offering an account of a particular kind of harmless (...) force. On the account offered, an act is performed with this type of force just in case it manifests a disposition to escalate in the face of obstacles permissibly imposed by the victim. The paper argues that conduct that manifests such a disposition causes the victim’s agency to be implicated in the wrong done to them by causing them to refrain from realizing obstacles to the wrong. Forcible conduct, therefore, invades another’s autonomy in a way that non-forcible conduct does not and is, for that reason, more wrongful. (shrink)

Crime takes its toll on any community. Crime does not always make a criminal. Therefore, punishment, once served, should be adequate for reconciliation and not deprive a person of life, liberty, and a remunerable career. Taking an honest look at the system is taking an even more honest look at the self and how it treats other people.

When we define something as a crime, we generally thereby criminalize the attempt to commit that crime. However, it is a vexing puzzle to specify what must be the case in order for a criminal attempt to have occurred, given that the results element of the crime fails to come about. I argue that the philosophy of action can assist the criminal law in clarifying what kinds of events are properly categorized as criminal attempts. A natural thought (...) is that this project should take the form of specifying what it is in general to attempt or try to perform an action, and then to define criminal attempts as attempts to commit crimes. Focusing on Gideon Yaffe's resourceful work in Attempts (Oxford University Press, 2010) as an example of this strategy, I argue that it results in a view that is overly inclusive: one will count as trying to commit a crime even in the far remote preparatory stages that we in fact have good reason not to criminalize. I offer an alternative proposal to distinguish between mere preparations and genuine attempts that has its basis not in trying, but doing: a criminal attempt is underway once what the agent is doing is a crime. Working out the details of this schema turns out to have important implications for action theory. A recently burgeoning view known as Naive Action Theory holds that all action can be explained by appeal to some further thing that the agent is doing, and that that the same explanatory nexus is at work even when we appeal to what the agent is intending, trying, or preparing to do -- these notions do explanatory work because they too refer to actions that are in progress, albeit in their infancy. If this is right, than the notion of 'doing' will also be too inclusive for the purposes of the criminal law. I argue that we should draw the reverse conclusion: the distinctions between pure intending, trying, preparing, and doing serve an important purpose in the criminal law, and this fact lends support to the view that they are genuine metaphysical and explanatory distinctions. (shrink)

Abstract: This review dealt with the traditional methods most African countries utilize in dealing with issues of crimes considered to be very serious, which seriously affect the traditional societies in those African countries. Although there has been modern introductions, but these methods are still being practiced and very effective in most of the rural areas.

Crime and Culpability, by Larry Alexander, Kimberly Kessler Ferzan (with Stephen Morse) is a visionary work of moral and legal philosophy. Nonetheless, it is fundamentally morally misguided. In seeking to free criminal law from what the authors take to be the distorting influence of outcome luck, they arrive at a position that is overly exculpatory. It fails to hold actors liable for the harms they cause when they have taken less care they should. -/- I argue, first, that the (...) authors’ attempt to strip criminal law of outcome luck is incoherent in its own terms, and that any attempt to follow through on their program would require a much more severe loss of accountability than the authors acknowledge. I then argue that outcome luck is pervasive in our moral lives, and that, given the choice of (a) not being able to hold agents accountable for much, or (b) holding them accountable for the results of their choices, including outcomes that result in part from moral luck, the right choice is (b). I wrap up with a concluding observation about the implausible moral psychology that underlies the authors’ view of culpable action. (shrink)

Access to data in crime and place research has traditionally been reserved for those who have the means to collect fresh data themselves, pay for access, or obtain data through formal data sharing agreements. Even when access is granted, the usage of these data often comes with conditions that circumscribe how the data can be used through licensing or policy (Kitchin, 2014). Even the public dissemination of findings which emerge from analysis might be subject to restrictions. This can lead (...) to unequal access, controlled usage and curb the diffusion of findings, severely limiting the insight that can be obtained from data. (shrink)

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, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

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 were (...) deemed a legitimate method of minimising one payment of taxation) became de rigueur all over the world and often involved creation of Deeds of Covenant and Trusts, notably Discretionary Trusts under civil law. Man’s ingenuity knows no bounds and this applies to man’s characteristic of criminality as it does to scholarship, enterprise and innovation. Despite protestations by some countries police agencies, contrary to the rise of crime, the fact is that that crime is increasing exponentially worldwide, 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. (shrink)

Volume 31, Issue 1, January 2023, Page 103-126.

Faulkner a bâti une partie de sa renommée sur la violence parfois controversée de ses récits. Mais l’acte criminel retient moins son attention que son contexte et sa signification morale. L’objet premier de la littérature, selon Faulkner, ce sont les conflits de l’homme, ou du cœur humain, avec eux-mêmes. Le propos de cet article est de mettre en évidence la façon dont Faulkner subvertit le modèle du roman noir, et substitue à l’enjeu traditionnel des histoires policières, celui des faits et (...) de l’identité du coupable, un problème moral. Il donne quelques indications sur la structure générale des rapports crime-culpabilité dans l’œuvre de Faulkner, avant de montrer comment cette thématique se décline dans ses « histoires de crime » au sens propre, c’est-à-dire dans L’Intrus (Intruder in the dust, 1948) et Le Gambit du cavalier, et irrigue la reconstitution faulknérienne de la société du Sud et de l’histoire des États-Unis. (shrink)

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this common (...) presupposition. I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

This dissertation critically examines the writings of Max Stirner, especially his masterpiece The Ego and Its Own, as a discourse of resistance against modern forms of domination and, in particular, against the modern political State. I begin by examining Stirner's inversion of the Hegelian concept of the State, from the “actualization of freedom”to an instance of domination. The State appears, to Stirner as to Hegel, as the guardian of order and cohesion in modern societies. While both recognize the genesis of (...) sovereign power as violent, Hegel sustains that, with the progress of civilization, force is eradicated from the public order and private interests and common interest are reconciled. Stirner, on the contrary, insists that force is the other face of right, as the hidden pillar of the norm, which only reveals itself in moments of crisis. Stirner’s focus on the extreme case, largely anticipated and devalued by Hegel as unilateral and equivocal, seems to be anchored on the conviction that conflict is ineradicable, that between my own will and the (political, social) representation of that will there is always a gap, which cannot be filled by any collective arrangement. From this follows that, if conflict is scarcely manifest in modern societies, it is not because it was truly solved, but because it is effectively masked, due to the dissymmetry of power and the internalization of authority. The “unique one” appears, in this environment of great suspicion, as the one who cannot be represented, who surpasses every representation, threatening the authority of every representative. Accordingly, the “unique one” reclaims his own power, without allowing the satisfaction of his will to be mediated by obedience to collective institutions, affirming himself instead as sovereign over himself. Stirner suggests that the self-affirmation of the “unique one” inevitably leads to confrontation with the external powers that organize his existence. Stirner, nonetheless, chooses to think this confrontation in terms of a “revolt”, of a reflexive and individual act by which the individual emerges from the situation in which he finds himself, rather than as a “revolution”, a political or social act directed towards the systemic transformation of the status quo. Even if we admit the validity of the Stirnerian critique of the legitimizing discourses of modernity, the problem remains if this critique can be sustained on the “unique one”, “a thoughtless word”, an openly self-contradictory and self-destructive name, subject or principle (?). The possibility of founding a discourse of resistance on the egoism of Max Stirner seems to depend upon the answer that we choose to give to two intimately connected questions: what remains after the destructive vortex of the “unique one” that may sustain the resistance against a state that Max Stirner deems oppressive? Can this resistance be realized in the revolt of a unique one without the recognition of another one with whom to build the conditions of freedom? (shrink)

While this article sets out to advance our knowledge about the characteristics of Nigerian cybercriminals (Yahoo-Boys), it is also the first study to explore the narratives of the Economic and Financial Crimes Commission (EFCC) officers concerning them. It appraises symbolic interactionist insights to consider the ways in which contextual factors and worldview may help to illuminate officers’ narratives of cybercriminals and the interpretations and implications of such accounts. Semi-structured interviews of forty frontline EFCC officers formed the empirical basis of this (...) study and were subjected to a directed approach of qualitative content analysis. While prior studies, for example, indicated that only a group of cybercriminals deploy spiritual and magical powers to defraud victims (i.e. modus operandi), our data analysis extended this classification into more refined levels involving multiple features. In particular, analysis bifurcates cybercriminals and their operations based on three factors: [a] educational-attainment, [b] modus-operandi, and [c] networks-collaborators. Results also suggest that these cybercriminals and their operations are embedded in “masculinity-and-material-wealth”. These contributions thus have implications for a range of generally accepted viewpoints about these cybercriminals previously taken-for-granted. Since these criminals have victims all over the world, insights from our study may help various local and international agencies [a] to understand the actions/features of these two groups of cybercriminals better and develop more effective response strategies. [b] to appreciate the vulnerabilities of their victims better and develop more adequate support schemes. We also consider the limitations of social control agents’ narratives on criminals. (shrink)

Operational activity such crime prevention is extremely significant in promoting peace and order of the community. This study assessed the Pasay City Police Station in the Southern District regarding particular organization and crime operations management capabilities. This paper used quantitative research anchored by descriptive method. The study’s respondents were 130 police officers/members and 150 permanent employees of the Pasay City Police Station who are residents of Pasay City and whose offices are near the police station. It was revealed (...) that the organization variables describing the Pasay City Police Station is “not significant” leading to accept the null hypothesis. The problems encountered by the Pasay City Police Station are grounded from the standpoint of personnel needs, facilities, supplies and equipment, the suggestions offered by the respondent to help solve the problems encountered are specifically geared towards solving the particular problems encountered. The Pasay City Police Officers/Personnel will be more effective in solving crime problem if more intelligence officer is dispatch where criminality is rampant. It is recommended to improve police efficiency and effectiveness in crime prevention, reduction, solution, and crime management capability. There is also a need to increase the number of police officers for the Pasay City Police Station who are educationally qualified and highly trained on police matters. (shrink)

Crime is a serious social problem, but its causes are not exclusively social. There is growing consensus that explaining and preventing it requires interdisciplinary research efforts. Indeed, the landscape of contemporary criminology includes a variety of theoretical models that incorporate psychological, biological and sociological factors. These multi-disciplinary approaches, however, have yet to radically advance scientific understandings of crime and shed light on how to manage it. In this paper, using conceptual tools on offer in the philosophy of science (...) in combination with theoretical work represented in this special volume of Psychology, Crime and Law, I provide some perspective on why explanatory progress in criminology has remained elusive and evaluate some positive proposals for attaining it. -/- . (shrink)

In this essay I examine the moral message presented in Woody Allen's film, "Crimes and Misdemeanors.".

The impact and relationship between technologies and society establish the development of certain adaptive models, based on coexistence (Human-information-Machine), as well as several behavioral and cognitive changes of the human being, and new models of influence and social control through ubiquitous communication. which is the basis of a new social units called "virtual communities". The rupture of social norms that accompanies rapid social change, and subsequently the appearance of sub-cultural values establishes gaining status of participation in criminal activities, the components (...) of social unites in general conform to social norms by social ties. the individuals or groups see themselves unfairly disadvantaged compared to other similar individuals, within physical-cybernetic ecosystem environment, which supports the interconnection and transformation of social phenomenon of digital dimension, with several implications in cyber hate crime. Thereby establishing the theoretical basis for further research looking which social vulnerability, identify the trajectory of the massive vector of impact "Information", which is a component of social cybernetics from the following three dimensions: (P) Propagation - (R) Replica - (C) Control called the "Cyber Hate Crime Pathway" that links hate crimes within the cyber-physical ecosystem, and where different types of social vulnerability are established. This study incorporates an epistemology approach of the relation between social and cybernetic theories, that will allow establishing a scientific base for future research in the field of new phenomena that will continue to appear within the Physical-Cybernetic ecosystem. It will also allow the contributions and implications to science derived from the product of this research establish a global holistic field applied to criminal justice system, academic and the new entities of social cybernetic. (shrink)

In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative consequences of a proscribed act – this is (...) the consent which Nino employs. I argue that Nino’s conception of consent in crime exhibits many common features of “everyday” consent, which justify that it be classed as a form of (implied) consent. h us, Nino is right to claim that the consent in crime is similar to the consent in contracts and to the consent to assume a risk in tort law. (shrink)

In this article, I argue that there is no discrepancy between Kant's Doctrine of Right (The Metaphysics of Morals) (1797), which legally permits lies that do not deprive someone of their rights or property, and his On a Supposed Right to Lie from Love of Humanity (1797), which argues that it would be a crime to lie to a murderer about the whereabouts of the innocent person he is pursuing.

The aim of this paper is to analyze a selection of arguments used by the Argentine Supreme Court to reduce the sentence of individuals convicted of crimes against humanity. The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made. The questions that this work will try to answer revolve around the court´s merit in issuing this lenient ruling to Muiña´s case and its justification. First, Muiña´s case is analyzed in depth. Then, a critical (...) analysis about the ruling and a decision concerning the existence of a true justification will be developed. Finally, we will discuss the appropriateness of the Court’s decision in Muiña´s case as opposed to the decision made in “Batalla´s case”, in which a less beneficial law was applied retroactively. (shrink)

In this chapter I defend the construction of inclusive, tightly governed DNA databases, as long as police can access them only for the prosecution of the most serious crimes or less serious but very high-volume offences. I deny that that the ethics of collecting and using these data sets the pattern for other kinds of policing by big data, notably predictive policing. DNA databases are primarily used for matching newly gathered biometric data with stored data. After considering and disputing a (...) number of objections to this practice, I conclude that DNA databases used in this way are ethically acceptable, if not valuable, contributions to legitimate policing. (shrink)

This paper’s aim is to provide overview of the punishment of war crimes. It considers first the rationale of the law of war, the identification and scope of war crimes, and proceeds to consider the justification of punishing war crimes, arguing for a consequentialist view with side-constraints. It then considers the alternative of reconciliation.

The present paper is an attempt to discuss issues and challenges of Cyber Crime in India from an ethical perspective. Ethics is a branch of philosophy which deals with what is considered to be right or wrong. The ethics centers and program devoted to busin age for several re crime’. The advancement ess ethics, legal ethics, bioethics, medical ethics, engineering ethics, and computer ethics have sprung up. Cyber crime is emerging as a serious threat. Computer Technology is (...) one of the important general purpose Technologies in today’s asons. Today it is used in almost all the organizations, institutions, and people. Computer technology makes the life so speedy and fast, but hurled under the eclipse of threat from the deadliest type of criminality termed as 'Cyber of IT brings so many facilities to us; but also brings so many problems and challenges too and out of which Cyber Crime is a kind of offence which deals with the cyber world which includes computer security, information security, and mobile security too. The increasing number of crimes in the field of Information Technology brings a big attraction to Cyber Crime to everyone. (shrink)

This chapter constructs the argument that corporate and political policies known to accelerate anthropogenic global warming, and subsequent climate change, constitute crimes against humanity—predicated on failures to avoid reasonably foreseeable threats to sustained human existence. Given the moral gravity of crimes against humanity it follows that financial divestment is ethically obligatory for institutions wishing to avoid moral association. The moral case for fossil fuel divestment, in the wake of such crimes, derives from (a) the ethical implications of negative responsibility, or (...) what constitutes culpability by omission; (b) institutional collaboration based upon immediate financial interests tied to climate inaction; and (c) institutional complicity derived from financial support of corporate behaviors that hasten global warming. Possible objections are examined and refuted. (shrink)

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the (...) government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal. (shrink)

This collection of essays approaches the issue of crime from the perspective of criminology, which is traditionally concerned with the nature and causes of crime. Radical or Marxist criminology (RMC) became prominent in the late 60s. This strand of criminology is concerned with how class formation, class structure and crime are related. It is assumed that the motivation to commit crimes is not innate to individuals but is a result of social conditions. RMC’s most important premise is (...) that the structure of the production process shapes the construction of various classes as well as shaping a concomitant power structure (i.e., who owns the means of production and who controls the labour power). Most importantly, for the discussion of crime, economic power can be translated into political power (e.g., through lobbying or funding of political campaigns/candidates). (shrink)