Results for 'offenders'

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  1. Less for Recidivists? Why Retributivists Have a Reason to Punish Repeat Offenders Less Harshly Than First-Time Offenders ∗.Thomas Søbirk Petersen - 2012 - In Jesper Ryberg Claudio Tamburrini (ed.), Recidivists Punishment: The Philosophers' view. Lextington books.
    About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: -/- Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. (...)
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  2. Moral/Conventional Transgression Distinction and Psychopathy in Conduct Disordered Adolescent Offenders.Mairead C. Dolan & Rachael S. Fullam - 2010 - Personality and Individual Differences 49:995–1000.
    To date there are no studies examining the ability to make a moral/conventional transgression distinction in adolescent offenders with psychopathic traits. Based on the Psychopathy Checklist: Youth Version, we compared males with high (HP, n = 45), medium (MP, n = 31) and low psychopathy scores (LP, n = 39) on the moral convention distinction task. Under normal rule conditions the psychopathy groups did not differ in their ability to make a moral/conventional distinction. The HP group tended to view (...)
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  3. Psychopathic Personality Traits and Iowa Gambling Task Performance in Incarcerated Offenders.Melissa A. Hughesa, Mairead C. Dolan, Jennifer S. Trueblood & Julie C. Stout - 2015 - Psychiatry, Psychology and Law 22 (1):134-144.
    There is a paucity of research on how psychopathy relates to decision-making. In this study, we assessed the relationship between affective decision-making and psychopathic personality. A sample of prisoners (n D 49) was characterized in terms of psychopathic traits using the Psychopathic Checklist: Screening Version (PCL:SV). Decision-making was assessed using the Iowa Gambling Task (IGT). Higher levels of psychopathy related to more advantageous choices (p D .003). Also counter-intuitively, higher levels of antisocial traits (facet 4) predicted advantageous choices during the (...)
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  4. Emotion Facilitation and Passive Avoidance Learning in Psychopathic Female Offenders.Jennifer Vitale, Donal G. MacCoon & Joseph P. Newman - 2011 - Criminal Justice and Behavior 38 (7):641-658.
    Research on psychopathy among incarcerated, Caucasian males has consistently demonstrated deficits in emotion processing and response inhibition. Using the PCL-R to classify participants as psychopathic or non-psychopathic, this study examined the performance of incarcerated, Caucasian females on two laboratory tasks: A lexical decision task used to assess emotion processing and a passive avoidance task used to assess response inhibition. Contrary to prediction, deficits in performance typically exhibited by psychopathic males were not exhibited by psychopathic females in this sample. Implications of (...)
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  5. Factor Structure of the Psychopathic Personality Inventory (PPI): Findings From a Large Incarcerated Sample.Craig S. Neumann, Melanie B. Malterer & Joseph Newman - 2008 - Psychological Assessment 20 (2):169–174.
    Exploratory factor analysis (EFA) of the Psychopathic Personality Inventory (PPI; S. O. Lilienfeld, 1990; S. O. Lilienfeld & B. P. Andrews, 1996) with a community sample has suggested that the PPI subscales may comprise 2 higher order factors (S. D. Benning, C. J. Patrick, B. M. Hicks, D. M. Blonigen, & R. F. Krueger, 2003). However, substantive and structural evidence raises concerns about the viability of this 2-factor model, particularly in offender populations. The authors attempted to replicate the S. D. (...)
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  6. Kramer’s Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2013 - Criminal Law and Philosophy 9 (2):225-244.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that (...)
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  7. Is Preventive Detention Morally Worse Than Quarantine?Thomas Douglas - 2019 - In Jan W. De Keijser, Julian Roberts & Jesper Ryberg (eds.), Predictive Sentencing: Normative and Empirical Perspectives. London: Hart Publishing.
    In some jurisdictions, the institutions of criminal justice may subject individuals who have committed crimes to preventive detention. By this, I mean detention of criminal offenders (i) who have already been punished to (or beyond) the point that no further punishment can be justified on general deterrent, retributive, restitutory, communicative or other backwardlooking grounds, (ii) for preventive purposes—that is, for the purposes of preventing the detained individual from engaging in further criminal or otherwise socially costly conduct. Preventive detention, thus (...)
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  8. Emotion Regulation in Psychopathy.Helen Casey, Robert D. Rogers, Tom Burns & Jenny Yiend - 2013 - Biological Psychology 92:541–548.
    Emotion processing is known to be impaired in psychopathy, but less is known about the cognitive mechanisms that drive this. Our study examined experiencing and suppression of emotion processing in psychopathy. Participants, violent offenders with varying levels of psychopathy, viewed positive and negative images under conditions of passive viewing, experiencing and suppressing. Higher scoring psychopathics were more cardiovascularly responsive when processing negative information than positive, possibly reflecting an anomalously rewarding aspect of processing normally unpleasant material. When required to experience (...)
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  9. Properly Proleptic Blame.Benjamin Bagley - 2017 - Ethics 127 (4):852-882.
    Crucially, blame can be addressed to its targets, as an implicit demand for recognition. But when we ask whether offenders would actually appreciate this demand, via a sound deliberative route from their existing motivations, we face a puzzle. If they would, their offense reflects a deliberative mistake, and blame’s hostility seems unnecessary. If they wouldn’t, addressing them is futile, and blame’s emotional engagement seems unwarranted. To resolve this puzzle, I develop an account of blame as a proleptic response to (...)
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  10. Instrumental Rationality in Psychopathy: Implications From Learning Tasks.Marko Jurjako & Luca Malatesti - 2016 - Philosophical Psychology 29 (5):717-731.
    The issue whether psychopathic offenders are practically rational has attracted philosophical attention. The problem is relevant in theoretical discussions on moral psychology and in those concerning the appropriate social response to the crimes of these individuals. We argue that classical and current experiments concerning the instrumental learning in psychopaths cannot directly support the conclusion that they have impaired instrumental rationality, construed as the ability for transferring the motivation by means-ends reasoning. In fact, we defend the different claim that these (...)
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  11. Neuro-Interventions as Criminal Rehabilitation: An Ethical Review.Jonathan Pugh & Thomas Douglas - 2017 - In Jonathan D. Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. London: Routledge.
    According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on (...)
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  12. 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 brain (...)
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  13. Justifications for Non-­Consensual Medical Intervention: From Infectious Disease Control to Criminal Rehabilitation.Jonathan Pugh & Thomas Douglas - 2016 - Criminal Justice Ethics 35 (3):205-229.
    A central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to the intervention. However, in some circumstances it is tempting to say that the moral reason to obtain informed consent prior to administering a medical intervention is outweighed. For example, if an individual’s refusal to undergo a medical intervention would lead to the transmission of a dangerous infectious disease to other members of (...)
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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.  9
    Addressed Blame and Hostility.Benjamin De Mesel - 2020 - Journal of Ethics and Social Philosophy 18 (1):111-119.
    Benjamin Bagley ('Properly Proleptic Blame', Ethics 127, July 2017) sets out a dilemma for addressed blame, that is, blame addressed to its targets as an implicit demand for recognition. The dilemma arises when we ask whether offenders would actually appreciate this demand, via a sound deliberative route from their existing motivations. If they would, their offense reflects a deliberative mistake. If they wouldn't, addressing them is futile, and blame's emotional engagement seems unwarranted. Bagley wants to resolve the dilemma in (...)
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  16.  37
    The Forfeiture Theory of Punishment: Surviving Boonin’s Objections.Stephen Kershnar - 2010 - Public Affairs Quarterly 24 (4):319-334.
    In this paper, I set out a version of the Forfeiture Theory of Punishment. Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.
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  17. Less Blame, Less Crime? The Practical Implications of Moral Responsibility Skepticism.Neil Levy - 2015 - Journal of Practical Ethics 3 (2):1-17.
    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 (...)
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  18. Cold Case: The 1994 Death of British MP Stephen David Wyatt Milligan.Sally Ramage - 2016 - Criminal Law News (87):02-36.
    In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 at (...)
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  19.  94
    Coercion and the Neurocorrective Offer.Jonathan Pugh - forthcoming - In David Rhys Birks & Thomas Douglas (eds.), reatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford, UK:
    According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this (...)
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  20. Nepotistic Patterns of Violent Psychopathy: Evidence for Adaptation?D. B. Krupp, L. A. Sewall, M. L. Lalumière, C. Sheriff & G. T. Harris - 2012 - Frontiers in Psychology 3:1-8.
    Psychopaths routinely disregard social norms by engaging in selfish, antisocial, often violent behavior. Commonly characterized as mentally disordered, recent evidence suggests that psychopaths are executing a well-functioning, if unscrupulous strategy that historically increased reproductive success at the expense of others. Natural selection ought to have favored strategies that spared close kin from harm, however, because actions affecting the fitness of genetic relatives contribute to an individual’s inclusive fitness. Conversely, there is evidence that mental disorders can disrupt psychological mechanisms designed to (...)
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  21. 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 as a means (...)
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  22. Moral Understanding in the Psychopath.Luca Malatesti - 2009 - Synthesis Philosophica 24 (2):337-348.
    A pressing and difficult practical problem concerns the general issue of the right social response to offenders classified as having antisocial personality disorder. This paper approaches this general problem by focusing, from a philosophical perspective, on the still relevant but more approachable question whether psychopathic offenders are morally responsible. In particular, I investigate whether psychopaths possess moral understanding. A plausible way to approach the last question requires a satisfactory philosophical interpretation of the empirical evidence that appears to show (...)
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  23. Brain Self-Regulation in Criminal Psychopaths.Lilian Konicar, Ralf Veit, Hedwig Eisenbarth, Beatrix Barth, Paolo Tonin, Ute Strehl & Niels Birbaumer - 2015 - Nature: Scientific Reports 5:1-7.
    Psychopathic individuals are characterized by impaired affective processing, impulsivity, sensation-seeking, poor planning skills and heightened aggressiveness with poor self-regulation. Based on brain self-regulation studies using neurofeedback of Slow Cortical Potentials (SCPs) in disorders associated with a dysregulation of cortical activity thresholds and evidence of deficient cortical functioning in psychopathy, a neurobiological approach seems to be promising in the treatment of psychopathy. The results of our intensive brain regulation intervention demonstrate, that psychopathic offenders are able to gain control of their (...)
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  24. Moral Understanding in the Psychopath.Luca Malatesti - 2009 - Synthesis Philosophica 24 (2):337-348.
    A pressing and difficult practical problem concerns the general issue of the right social response to offenders classified as having antisocial personality disorder. This paper approaches this general problem by focusing, from a philosophical perspective, on the still relevant but more approachable question whether psychopathic offenders are morally responsible. In particular, I investigate whether psychopaths possess moral understanding. A plausible way to approach the last question requires a satisfactory philosophical interpretation of the empirical evidence that appears to show (...)
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  25. An Essay Towards an Epistemology of Responsibility: A Probabilistic Approach.Masaki Ichinose - 2016 - Philosophical Studies (University of Tokyo) 34:1-32.
    This paper tries to develop an epistemological analysis on the notion of responsibility. After pointing out a peculiar kind of uncertainties concerning the notion of responsibility, I focus upon the issue of criminal responsibility, taking the case of mentally disordered offenders into account, and propose the distinction of the phases between sentence and practice with applying Slobogin's idea of integrationism. Finally, I propose a probabilistic approach to the problem of responsibility through considering the idea of relevance ratio, leading to (...)
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  26. Justifying Punishment: The Educative Approach as Presumptive Favorite.Dan Demetriou - 2012 - Criminal Justice Ethics 31 (1):2-18.
    In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely "discomforting." Second, intentionally discomforting offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture---and perhaps even harmful discomforture---that seem unobjectionable. Third, a notable fact about both non-harmful punishment and non-punitive (...)
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  27. Partial Desert.Tamler Sommers - forthcoming - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility. Oxford University Press.
    Theories of moral desert focus only on the personal culpability of the agent to determine the amount of blame and punishment the agent deserves. I defend an alternative account of desert, one that does not focus only facts about offenders and their offenses. In this revised framework, personal culpability can do no more than set upper and lower limits for deserved blame and punishment. For more precise judgments within that spectrum, additional factors must be considered, factors that are independent (...)
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  28. The Failure of Trust-Based Retributivism.Daniel Korman - 2003 - Law and Philosophy 22 (6):561-575.
    Punishment stands in need of justification because it involves intentionally harming offenders. Trust-based retributivists attempt to justify punishment by appeal to the offender’s violation of the victim’s trust, maintaining that the state is entitled to punish offenders as a means of restoring conditions of trust to their pre-offense levels. I argue that trust-based retributivism fails on two counts. First, it entails the permissibility of punishing the legally innocent and fails to justify the punishment of some offenders. Second, (...)
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  29.  81
    Fortifying the Self-Defense Justification of Punishment.Cogley Zac - forthcoming - Public Affairs Quarterly 31 (4).
    David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, (...)
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  30.  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 (...)
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  31.  60
    The Case Against Forced Methadone Detox in the US Prisons.Daniel D’Hotman, Jonathan Pugh & Thomas Douglas - 2019 - Public Health Ethics 12 (1):89-93.
    Methadone maintenance therapy is a cost-effective, evidence-based treatment for heroin dependence. In the USA, a majority of heroin-dependent offenders are forced to detox from methadone when incarcerated. Recent research published in The Lancet has demonstrated the negative health and economic outcomes associated with such policies. Methadone Continuation Versus Forced Withdrawal on Incarceration in a Combined US Prison and Jail: A Randomised, Open Label Trial. The Lancet, 386, 350–359). This novel evidence raises questions as to the justification for current policies (...)
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  32.  43
    Reconciliation as the Aim of a Criminal Trial: Ubuntu’s Implications for Sentencing.Thaddeus Metz - 2019 - Constitutional Court Review 9:113-134.
    In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...)
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  33. Punishment and Psychopathy: A Case-Control Functional MRI Investigation of Reinforcement Learning in Violent Antisocial Personality Disordered Men.Sarah Gregory, R. James Blair, Dominic Ffytche, Andrew Simmons, Veena Kumari, Sheilagh Hodgins & Nigel Blackwood - 2014 - Lancet Psychiatry 2:153–160.
    Background Men with antisocial personality disorder show lifelong abnormalities in adaptive decision making guided by the weighing up of reward and punishment information. Among men with antisocial personality disorder, modifi cation of the behaviour of those with additional diagnoses of psychopathy seems particularly resistant to punishment. Methods We did a case-control functional MRI (fMRI) study in 50 men, of whom 12 were violent off enders with antisocial personality disorder and psychopathy, 20 were violent off enders with antisocial personality disorder but (...)
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  34. Buddhism, Punishment, and Reconciliation.Charles K. Fink - 2012 - Journal of Buddhist Ethics 19:369-395.
    One important foundation of Buddhist ethics is a commitment to nonviolence. My aim in this paper is to work out the implications of this commitment with regard to the treatment of offenders. Given that punishment involves the intentional infliction of harm, I argue that the practice of punishment is incompatible with the principle of nonviolence. The core moral teaching of the Buddha is to conquer evil with goodness, and it is reconciliation, rather than punishment, that conforms to this teaching. (...)
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  35.  31
    The Transient Suppression of the Worst Devils of Our Nature—a Review of Steven Pinker’s ‘The Better Angels of Our Nature: Why Violence Has Declined’(2012)(Review Revised 2019).Michael Starks - 2019 - In Suicidal Utopian Delusions in the 21st Century -- Philosophy, Human Nature and the Collapse of Civilization -- Articles and Reviews 2006-2019 4th Edition Michael Starks. pp. 358-363.
    This is not a perfect book, but it is unique, and if you skim the first 400 or so pages, the last 300 (of some 700) are a pretty good attempt to apply what's known about behavior to social changes in violence and manners over time. The basic topic is: how does our genetics control and limit social change? Surprisingly he fails to describe the nature of kin selection (inclusive fitness) which explains much of animal and human social life. He (...)
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  36.  66
    From Being Unaccountable to Suffering From Severe Mental Disorder and (Possibly) Back Once Again to Being Unaccountable.Christer Svennerlind - 2015 - Dialogues in Philosophy, Mental and Neuro Sciences 8 (2):45-58.
    From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory Mental (...)
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