Present regulations and prohibitions relating to psychoactive substances rest upon socio-historically contingent and hence arguably irrational foundations. New evidence bases located in post-genomic genetics and neuroscience hold the potential to disrupt them through demonstrating a lack of congruence between the regulations and prohibitions and the alleged and actual harms. How far might we use such knowledge to drive policy? What limits, if any, should be placed on our choices, and what attempts to influence these may be seen as acceptable? (...) This article seeks to address these questions in relation to criminal justice system and public health governance of psychoactive substance use. It will explore the implications of justifications employed in both areas to restrict free choice on the grounds of harm to the self and to others. The central argument made is that the current categorisation of psychoactive substances as lawful or unlawful is likely to become disrupted as the result of several separate discourses which converge over psychoactive substance use: enhancement, cognitive liberty and the degree to which subjective experiences of pleasure, well being and happiness might enable us to improve and maintain our health as individuals and that of society as a whole. In my view, the strategic deployment of concepts of addiction which has enabled the public health and criminal justice systems to be able to share governance over psychoactive substance use is likely to become destabilised by these discursive developments. In that policy in the United Kingdom and elsewhere now draws upon happiness research, while reformers advocate freedom of choice over means of enhancing our states of being, a new focus upon the rational evaluation of psychoactive substances governance seems plausible. (shrink)

Over the last twenty years there has been an explosion of interest in ‘criminal justice’, generating a wealth of research incorporating law, philosophy, political theory, sociology and other disciplines. The fascination of criminal justice flows from the cultural prominence of criminalization as a form of social control. The news media in Australia, Britain or the United States provide plentiful evidence of the extent to which crime, fear of crime, government criminal justice policy (...) and the activities of the more visible enforcement agencies such as the police preoccupy many contemporary Western societies. At the international level, too, criminal justice is increasingly salient. Moreover, the status of criminal justice as a particularly coercive and costly governmental repertoire claims our attention. Yet the diversity of practices encompassed within the notion of ‘criminal justice’, and the variety of practical, philosophical and political questions which they raise, make criminal justice an elusive subject. All too often, the general ‘theories of criminal justice’ which purport to make sense of the concrete practices illuminated by empirical research turn out to be too abstract and/or too narrow in focus to fulfil that promise. The purpose of this chapter is to provide a framework which might enable us to make sense of criminal justice without imposing an unrealistically rigid or unduly circumscribed model on the complicated processes with which we are concerned. (shrink)

Gerald Dworkin provides an insightful starting point for determining acceptable paternalism through his commitment to protecting our future autonomy and health from lasting damage. Dworkin grounds his argument in an appeal to inherent goods, which this paper argues is best considered as a commitment to human flourishing. However, socialconnectedness is also fundamental to human flourishing and an important consideration when determining the just limits of paternalistic drug controls, a point missing from Dworkin’ essay. For British philosopher Thomas Hill Green, regulation (...) of alcohol sales emerged from the social ideal. Green argued that policy interventions, including restricted opening hours and locations, improved the conditions for humans to flourish. Green offers a compelling political vision but fails to account for the fact pleasure is also an inherent good. He focused excessively on our social nature, excluding our more pleasure-seeking and egoistic characteristics. In contrast, a more realistic and complete vision of human flourishing can be found in an amended version of Gerald’s Dworkin’s arguments. In conclusion, this paper argues drug policy makers should remain committed to the harm principle as applied to criminal law whereby a person should never be criminalized for self-harm. Such a limit on paternalistic interventions is deemed necessary when eudaimonia is the end of government action. In practical terms, this means that the criminalization of drug use, as opposed to drug production, is always unjust. (shrink)

This paper sketches the emergence of, and shifts within, the social, legal, and political figurations of sex workers in Poland. By adopting a genealogical perspective, I investigate how sex workers have been (re)constituted as subjects of governance and unimaginable social justice claimants in legislation, political debates, and law enforcement strategies. With a broad temporal scope, this article traces continuities, transformations, and disruptions within modes of sex work governance in Poland from the adoption of the first laws relating to sex (...) work enacted during the early 19th century to the present day. Through analysis of policy documents, scholarly work on the history of sex work policies in Poland, and personal accounts by sex workers, I identify and examine two dominant discursive and legal figurations of a sex worker: as a threat, and as a victim in need of rescue and protection. While analysing the emergence of and interplay between these two figurations, this article demonstrates how these seemingly contradictory frames of recognition gradually conjoined within 20th-century Polish sex work governance strategies, rendering sex workers unimaginable subjects of rights and social justice claimants. (shrink)

The United States Federal Government has repeatedly put the people of Vieques, Puerto Rico in harm’s way due to the injurious after-effects of air-to-ground weapons testing. Most of the harm happened during the Navy’s 70 years on the island. Yet, the harm continues today considering that aspects of the cleanup count as continued acts of environmental injustice, viewed within the context of the island’s colonial history. Usually, this harm deals with public health issues, but the remediation protocols do not (...) account for considerations such as cultural identity and heritage. This paper shows how the procedures for environmental remediation in Vieques qualify as a case of environmental injustice according to Robert M. Figueroa’s ‘environmental justice paradigm.’ The aim of employing this kind of approach is to pinpoint the underlying reasons why this is a case of environmental injustice. (shrink)

The malfeasance and misfeasance crises within corporate America have prompted a tripartite response from policymakers. Stringent legislation targeting somnambulant boards has been introduced; enforcement departments have been strengthened at the federal, state and self-regulatory bodies charged with overseeing the markets; the Department of Justice and the New York District Attorney's Office have taken notably aggressive stances in the criminal prosecution of individual malefaction. This paper critically assesses the implications of the changes to the legislative, regulatory and criminal (...) justice frameworks on the governance of Wall Street. Specifically, I deconstruct the rationale governing a plea-agreement entered into by Merrill Lynch in return for the temporary abeyance of criminal charges. The paper argues that this intervention, if implemented, has far-reaching consequences, effectively criminalising standard Wall Street practice. (shrink)

This article will explore some previously unrecognised legal and ethical issues associated with informal care-giving and criminal justice in the context of end of life decision-making. It was prompted by a recent case in Leeds Crown Court, which raises important issues for the people who care for their loved ones at home and for the criminal justice system more generally. Government figures estimate that over 5.2 million Britons are responsible for the care of relatives or (...) loved ones. In order to evaluate some of the ways in which they might find themselves exposed to unexpected criminal liability we have characterised this group as untrained carers who assume responsibility. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Commissions: Town Meetings with a “Blue, Blue Ribbon”Susan Cartier Poland (bio)Town meetings are characteristic of New England. In theory, a quorum of registered voters in a small municipality meets annually to decide local public policy. In fact, special interests and the town bureaucracy control the meeting.Like a town meeting, a commission (or committee or council) comes into being, whether on an ad hoc or permanent basis, to (...) direct a government function. Bioethics commissions specialize in one area: the intersection of public policy with developments, either real or anticipated, in the basic and applied sciences.That specialization of commissions carries over into the selection of the members. More often than not commission members are appointed on the basis of expertise in a specific area. Although some commissions are still made up entirely of one kind of expert, usually medical, the majority of these government bodies seek breadth between the fields of law, religion, ethics, and science (including medicine and the social sciences).In the words of Mrs. Rigenbach, the law clerk to Chief Judge Carl B. Rubin of the United States District Court for the Southern District of Ohio, selection of persons “knowledgeable in the field” constitutes a “blue, blue ribbon” jury. In contrast, a “blue ribbon” jury is composed of those persons having “the greatest amount of formal education” (In re Richardson-Merrill, Inc. (Bendectin litigation), 624 Federal Supplement 1212 at 1217 (1985)). The problem with persons knowledgeable in the field is that their minds may have already been made up. For a jury, this is a disaster; for a bioethics commission, this directs and shapes the research, investigation, and discussion, or, in short, it makes for more efficient decision making.For this Scope Note, the definition of commission begins with the Bioethicsline description of its index term “advisory committees” as committees or commissions set up to advise government bodies on public policy. Furthermore, a commission [End Page 91] (or committee) receives government funding and support in exchange for its expertise in research, investigation, reporting, and recommendations.Six functions served by bioethics commissions have been clearly and succinctly described by LeRoy Walters (Commissions and Bioethics. Journal of Medicine and Philosophy 14 (4): 363–68, August 1989). The functions are: (1) to legitimize action; (2) to delay action or resolution; (3) to identify duplication; (4) to be representative; (5) to do research and find facts; and (6) to provide education and support (pp. 364–65). Since 1989, however, another government function has moved to the forefront. Instead of remaining within the legislative arena, government commissions serve the judiciary as well, in cases involving complex and technical questions. The now defunct Law Reform Commission of Canada recognized this use when it included in its annual reports a section on its “Influence on Law Reform through Judicial Decisions.”In mid-1997, the United States Supreme Court in its consolidated cases on assisted suicide used extensively the writings from a state commission, the New York State Task Force on Life and the Law, to support its rationale. Not only did the Court make use of the Task Force’s work, but in so doing the Court extended the efforts of the commission beyond its jurisdiction of New York into another jurisdiction on the opposite coast, Washington state. Furthermore, although the commission was chartered by one state, through the federal court system, its influence became national.Outside the U.S., the United Nations recently adopted its first bioethics text on the ethics of genetic research, and Canada is reworking its human research guidelines into a single set of guidelines that will apply to research in both the natural sciences and the social sciences.This Scope Note attempts to compile for the researcher and the reference librarian those commissions, existing and defunct, that have addressed bioethics issues. Only one other such attempt is known to the author, an Office of Technology Assessment [OTA] Background Paper, Biomedical Ethics in U.S. Public Policy (1993). Due to space limitations, not all publications could be listed; the selections included represent the range of topics from a particular group or the more frequently cited sources. Future updates of this compilation are planned, so please notify the... (shrink)

Criminal justice systems have traditionally relied heavily on human decision-making, but new technologies are increasingly supplementing the human role in this sector. This paper considers what general limits need to be placed on the use of algorithms in sentencing decisions. It argues that, even once we can build algorithms that equal human decision-making capacities, strict constraints need to be placed on how they are designed and developed. The act of condemnation is a valuable element of criminal sentencing, (...) and using algorithms in sentencing – even in an advisory role – threatens to undermine this value. The paper argues that a principle of “meaningful public control” should be met in all sentencing decisions if they are to retain their condemnatory status. This principle requires that agents who have standing to act on behalf of the wider political community retain moral responsibility for all sentencing decisions. While this principle does not rule out the use of algorithms, it does require limits on how they are constructed. (shrink)

This article investigates the distribution of power in Poland’s drug reimbursement policy in the early 2000s. We examine competing theoretical expectations suggested by neopluralism, historical institutionalism, corporate domination, and clique theory of the post-communist state, using data from a purposive sample of 109 semi-structured interviews and documentary sources. We have four concrete findings. First, we uncovered rapid growth in budgetary spending on expensive drugs for narrow groups of patients. Second, to achieve these favorable policy outcomes drug companies employed (...) two prevalent methods of lobbying: informal persuasion of key members of local cliques and endorsements expressed by patient organizations acting as seemingly independent “third parties.” Third, medical experts were co-opted by multinational drug companies because they relied on these firms for scientific and financial resources that were crucial for their professional success. Finally, there was one-way social mobility from the state to the pharmaceutical sector, not the “revolving door” pattern familiar from advanced capitalist countries, with deleterious consequences for state capacity. Overall, the data best supported a combination of corporate domination and clique theory: drug reimbursement in Poland was dominated by Western multinationals in collaboration with domestically based cliques. (shrink)

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have (...) class='Hi'>criminal liability and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral credibility. In a recent article, Christopher Slobogin and Lauren Brinkley-Rubinstein (SBR) report seven sets of studies that they argue undermine these claims of empirical desert and moral credibility and instead support SBR's proposed distributive principle of "individual prevention," a view that focuses on an offender's future dangerousness rather than on his perceived desert. -/- The idea that there is a relationship between the criminal law's reputation for justness and its crime-control effectiveness did not originate with Robinson and his co-authors. Rather, it has been a common theme among a wide range of punishment theory scholars for many decades. A particularly important conclusion of recent Robinson studies, however, is their confirmation that this relationship is a continuous one: even small nudges in moral credibility can produce corresponding changes in the community's deference to the criminal law. This is important because it shows that even piecemeal changes or changes at the margin – as in reforming even one unjust doctrine or procedure – can have real implications for crime-control. SBR's studies, rather than contradicting the crime-control power of empirical desert, in fact confirm it. Further, SBR's studies do not provide support for their proposed "individual prevention" distributive principle, contrary to what they claim. -/- While SBR try to associate their principle with the popular "limiting retributivism" adopted by the American Law Institute in its 2007 amendment of the Model Penal Code, in fact it is, in many respects, just the reverse of that principle. With limiting retributivism, the Model Code's new provision sets desert as dominant, never allowing punishment to conflict with it. SBR would have "punishment" essentially always set according to future dangerousness; it is to be constrained by desert only when the extent of the resulting injustices or failures of justice is so egregious as to significantly delegitimize the government and its law. This ignores the fact that even minor departures from justice may have an important cumulative effect on the system as a whole. What SBR propose – essentially substituting preventive detention for criminal justice – promotes the worst of the failed policies of the 1960s, where detention decisions were made at the back-end by "experts," and conflicts with the trend of the past several decades of encouraging more community involvement in criminal punishment, not less. (shrink)

In this article I rethink Rawls' conception of international economic justice, with a particular focus on international trade. I ground my normative argument on a different interpretation of the concepts of basic structure and of basic institution. I use the contemporary international trading system to illustrate my normative interpretation. I use the Law of Peoples to discuss the Rawlsian concept of basic structure. I contest Samuel Freeman's interpretation of this concept as one that pertains exclusively to the domestic realm. (...) As a reply, I work out an interpretation of basic institutions valid for both the national and international context. I base my understanding on the impact and the form of membership that characterize basic institutions. Both properties are compatible with an extension of the concept of a basic institution to the international domain. I then show how the World Trade Organization (WTO) system can be compared to a domestic basic institution. I analyse the decisional setting that surrounds the choice of joining the WTO. I conclude that no real alternative exists. Hence, WTO membership is not to be considered a completely free policy choice. I also state that the new system is witnessing a strong expansion of the areas subject to trade governance. Such expansion is responsible for the growing impact that international trade has on domestic institutions and hence on people. Finally, I use my analysis of contemporary international trading relations to test Rawls' position in the Law of Peoples. I conclude that although Rawls' principles for fair trade and international cooperation can regulate GATT-style international trade, they are not proficient in assessing the new characteristics of international trade. (shrink)

Public health ethics is a subfield of bioethics that focuses on population health. This study aims to conform the principles of biomedical ethics to Islamic values in the context of public health. It culturally helps to optimize health care delivery. The approach is based on the method of immanent critique. The principle of the common good in Islam has a rational justification to draw public interests and ward off harms. The rule of “no harm”, with an emphasis on the preferability (...) of preventing harm to increase benefits, is consistent with the principle of utility, intending to produce a maximum balance of benefit over harm in the context of public health. Thus, on the one hand, the government is obliged to prevent harm and improve public benefits and, on the other hand, as a steward of health and with reference to the article “limitation of the ownership dominance”, it has the right to protect public health with the least justifiable harm. Islam attention to human dignity, individual justice and good will in the rule of goodness implies that Islam, beyond distributive justice, knows that human flourishing and the cultivation of moral virtues are a requisite for the realization of social justice. The present study discusses about the adjustment of the principles of PHE to the principles of the Islamic jurisprudence and, at the same time, it explains why the optimal PH in Muslim societies requires research in order to define accurate indicators of benefit and harm based on the teachings of revelation and reason. (shrink)

The justice of racial profiling is addressed in the original position first for a society without racism, then for a society marked by racism. In the first case, the practice is argued to be just if carried out respectfully and expeditiously and likely to contribute to effective crime control. Thus it is not intrinsically racist. Addressing the second case, the idea that the harms of racial profiling are modest because expressive is critiqued. The practice is shown to carry the (...) danger of producing rights-violations by increasing the incidence of racist attitudes and practices. It is argued to be just in a society marked by racism if done under special supervision, and only to aid in apprehending dangerous criminals. (shrink)

An evidence-based approach to crime and justice policy can go a long way toward ensuring that the best available research is considered in decisions that bear on the public good. However, the term "evidence-based" is characterized by a great deal of rhetoric. Indeed, there remains a marked disjuncture between calls for "evidence-based" policy and an understanding of what it means for policy to be "evidence-based." The calls for evidence-based policy nonetheless provide a powerful foundation for (...) propelling a movement toward bringing about rational, cost-effective, and humane policies for the betterment of society. This handbook showcases the state of research on evidence-based crime and justice policy and the challenges that impede its creation and use. The volume has three core objectives: to promote new and productive ways to think about evidence-based policy; to demonstrate how research can contribute to and guide evidence-based policy in juvenile justice, criminal justice, and alternatives to system responses; and to identify strategies that can increase reliance on evidence-based policy. To meet these objectives, each chapter is guided by several central questions: What do we know about evidence-based policy and practice in crime and justice? How can we improve knowledge of evidence-based policy and practice? How can we promote more use of evidence-based policy and practice? Taken as a whole, the volume emphasizes the critical need for policies that are grounded in high-quality research, that address critical research gaps, and that fully acknowledge the limitations of what extant research can do to inform policy decisions. (shrink)

This chapter presents the successive stages to make changes in the Polish development policy after 1989. The national administration reform of 1990 in the Third Commonwealth of Poland restored the local government after 40 years of non-existence during the time of Polish People’s Republic that was a satellite state of the Soviet Union after the Second World War. Another reform took place in 1998 as a part of preparations for the country’s membership in the European Union from 2004. (...) Currently developed strategic documents are suggesting the use of the "polarization and diffusion model of the development." The authors also discuss the regional policy currently implemented in Poland, which was designed in years 2009-2014. The process of creation of new policy includes plans to reform the policy instruments and to update the strategic framework. Conclusions highlight a need for a clearer division of powers between the center and regional governments and the importance of strengthening the financial basis and institutional capacity building. (shrink)

Since the mid-1980s, internal corporate investigations have become commonplace in the U. S., with an upsurge occurring as a result of the corporate scandals of 2001-02 involving Adelphi Communications Corporation, Enron, Merck & Company, Riggs Bank, and other companies accused of financial malfeasance. After an introduction, this article first presents the U. S. public policy framework (as implemented through the U. S. Sentencing Commission, the U. S. Department of Justice, and the Securities and Exchange Commission) encouraging the use (...) of corporate internal investigations and self-reporting of these results to federal authorities; second, evaluates this framework, identifying the public policy issues inhibiting companies from using corporate internal investigations and self-reporting significant results; third, proposes a policy incentive regime which attempts to ameliorate these outstanding issues; and fourth, offer policy recommendations and suggestions for further research on this topic, including increasing the maximum deduction in the Organizational Sentencing Guidelines Culpability Score available to a firm for development of an Effective Compliance and Ethics Program (from 3 to 5 points), and self-reporting the results of an internal investigation (from 5 to 7 points); evaluating the effectiveness of these enhancements in legal incentives over a period of 5-7 years after implementation; instituting a formal federal government effort to educate the American business community on the corporate reputation (and financial) benefits of an effective compliance program; and protecting attorney-client privilege and work product protection, through legislative action, to encourage company executives and directors to utilize independent, outside attorneys to conduct fair, comprehensive, and impartial internal investigations. (shrink)

We explore the desirability of an idea that has not received the attention it deserves by political philosophers: that governments should bring privately-owned fossil fuel companies into public ownership with a view to managing their wind-down in the public interest – often simply referred to as ‘nationalising the fossil fuel industry’. We aim to make a conditional case for public ownership of fossil fuel companies. We will assume certain conditions about government motivations and capacities that are similar to assumptions (...) made generally in the philosophical and economic analysis of climate policies: that the government is suitably motivated, has effective control over the companies it acquires, and is able to sustain this motivation and control for long-enough to wind-down acquired companies in the public interest. We argue that bringing fossil fuel companies into public ownership, under these conditions, allows the government to take ten actions that are in the public interest, which will enhance social justice, enable a fair division of burdens and benefits, and strengthen democracy. We consider four plausible objections. While some of these point to the need for further research, they do not undermine our claim that nationalising the fossil fuel industry is a policy option that merits serious consideration. (shrink)

This article is about the governance of expectations of forensic DNA phenotyping (FDP) innovations in Germany used for the prediction of human externally visible traits such as eye, hair, and skin color, as well as biological age and biogeographic ancestry. In 2019, FDP technologies were regulated under the label “extended DNA analysis”. We focus on the expectations of members of the forensic genetics’ community in Germany, in anticipation and response to those of regulators who advocated for such technologies. Confronted with (...) regulators’ expectations of omnipotent technologies and the optimistic promise that they will enhance public security, forensic geneticists responded with attempts to adjust such expectations, specifying limits and risks, along with a particular logic sorting matters of concern. We reflect on how forensic geneticists’ govern expectations through forms of distributed anticipatory governance, delimiting their obligations, and distributing accountability across the criminal justice system. (shrink)

The Ethics of Governance: Moral Limits of Policy Decisions offers a toolbox drawn from normative ethics which finds applications in public governance, primarily focusing on policy making and executive action. It includes ethical concepts and principles culled from different philosophical traditions, ranging from more familiar Western theories to non-Western ethical perspectives, thereby providing a truly global, decolonized and expanded normative lens on issues of governance. The book takes a unique and original approach; it demonstrates the use of the (...) ethical toolbox in the context of actual examples of governance challenges. Taking three major case studies each representing an aspect of human-human and/or human-nature and/or human-animal relationship, the book attempts to show the significance of public practical reasoning in policy decisions with the aim of arriving at reasonable responses. Acknowledging the challenges that policy makers often face, the book highlights the fact that policy making is hardly an exercise yielding a black-or-white solution; rather it involves finding the most reasonable normative outcome in a given situation, especially employing an expanded understanding of values including well-being, sustainability, interdependence and community. This effort that helps bridge the gap between ethical theorists and policy practitioners exemplifies the necessary role of ‘engaged philosophy’ in public governance. In the major case studies, Boxes offer facts and figures along with pertinent ethical questions that have been raised and discussed. Aiming to aid the engagement of a diverse audience including non-philosophy readers, each chapter also includes Boxes containing examples, shorter case studies, at-a-glance charts, and tables with comprehensive ethical tools for a quick recap. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Good and Bad Ways to Think about Religion and Politics by Robert Benne, and: The Way of Peace: Christian Life in the Face of Discord by James M. Childs Jr.Bruce P. RittenhouseGood and Bad Ways to Think about Religion and Politics Robert Benne Grand Rapids, Mich.: Eerdmans, 2010. 127 pp. $14.00The Way of Peace: Christian Life in the Face of Discord James M. Childs Jr. Minneapolis: Fortress Press, (...) 2008. 149 pp. $19.00A comparison of Robert Benne’s Good and Bad Ways to Think about Religion and Politics and James Childs’s The Way of Peace illustrates the current divisions in political theology in the US Lutheran tradition. Benne’s book is a polemic aimed at the leadership of the mainline Protestant denominations and their mode of engagement with the American political process. In Benne’s account, these denominations draw too direct and exclusive a line between Christian faith and liberal political commitments; conversely, he sees greater agreement between core Christian norms and conservative political concerns. By contrast, Childs’s book provides an exegetical development of Christian norms of peace and peacemaking, followed by direct applications of Christian norms to public issues of economic justice and war that parallel the positions of secular liberals.Benne seeks to explore anew the issue of how Christians should interact with the political process. Unlike H. Richard Niebuhr, who undertook a similar project in Christ and Culture, Benne engages contemporary secular interpretations and critiques of religious engagement in politics. Benne rejects the strict separationist positions of the new atheists such as Richard Dawkins and the fusionist positions he attributes to Paul Tillich and the leadership of the contemporary mainline denominations in favor of a critical engagement model based on the Lutheran two kingdoms doctrine. Benne’s passion is not matched by the strength of his arguments. There is a straw man quality to his characterization of his antagonists. For example, Benne describes Tillich as seeing no difference between the demands of the Christian faith and democratic socialism. But Tillich explicitly recognizes the limitations of democratic [End Page 195] socialism in expressing Christian ideals and makes clear that his preference for this form of government is conditioned on a historical situation in which the alternatives are laissez-faire capitalism, fascism, and communism. Benne displays epistemological hubris when he questions mainstream scientific judgments. For example, he mocks the “alleged global warming consensus” (35) without offering any evidence that he possesses the necessary evidence or expertise to judge that consensus. He adds questionable historical claims, exaggerating Nazi persecution of Christians and minimizing the religious motivation of the European wars following the Reformation.Childs’s treatment of the question of how Christians are to engage in the US political process is even more problematic than Benne’s. His political prescriptions are written as if the problem did not exist, as if there existed a unified Christian polity fully faithful to its ideals that could express those ideals directly in the nation’s public policies. In this, there is a lack of the moral realism that Lutherans traditionally express through the doctrine that Christians are simul justus et peccator (at the same time justified and sinner). It is telling that the only sins that Childs acknowledges in the church are those that correspond to secular liberal norms: “racism, sexism, classism, and other forms of discrimination” (110). Childs’s representations of the church as holy, a community of peacemakers, and a sign of peace are normative not descriptive, effacing the traditional Lutheran distinction between the visible and invisible church. Childs also demonstrates a lack of political realism with respect to the influence of Christians in the American political process. In proposing that public policy be directed by Christian ideals, Childs either presupposes a significant conversion of our pluralistic society or he imagines that those not presently acting in the political process according to Christian moral principles can be persuaded to selflessness without conversion. The former position is not an empirical reality, and the latter contradicts the traditional Lutheran understanding of original sin, which holds that in the absence of faith human beings are curvatus in se, curved in upon themselves.Benne makes a... (shrink)

Algorithms are used to calculate and govern varying aspects of public life for efficient use of the vast data available about citizens. Assuming that algorithms are neutral and efficient in data-based decision making, algorithms are used in areas such as criminal justice and welfare. This has ramifications on the ideal of democratic self-government as algorithmic decisions are made without democratic deliberation, scrutiny or justification. In the book _Democracy without Shortcuts_, Cristina Lafont argued against “shortcutting” democratic self-government. (...) Lafont’s critique of shortcuts turns to problematise taken-for-granted practices in democracies that bypass citizen inclusion and equality in authoring decisions governing public life. In this article, I extend Lafont’s argument to another shortcut: the algocratic shortcut. The democratic harms attributable to the algocratic shortcut include diminishing the role of voice in politics and reducing opportunities for civic engagement. In this article, I define the algocratic shortcut and discuss the democratic harms of this shortcut, its relation to other shortcuts to democracy and the limitations of using shortcuts to remedy algocratic harms. Finally, I reflect on remedy through “aspirational deliberation”. (shrink)

In the face of limited time and escalating impacts, some scientists and politicians are talking about attempting "grand technological interventions" into the Earth’s basic physical and biological systems ("geoengineering") to combat global warming. Early ideas include spraying particles into the stratosphere to block some incoming sunlight, or "enhancing" natural biological systems to withdraw carbon dioxide from the atmosphere at a higher rate. Such technologies are highly speculative and scientific development of them has barely begun. -/- Nevertheless, it is widely recognized (...) that geoengineering raises critical questions about who will control planetary interventions, and what responsibilities they will have. Central to these questions are issues of justice and political legitimacy. For instance, while some claim that climate risks are so severe that geoengineering must be attempted, others insist that the current global order is so unjust that interventions are highly likely to be illegitimate and exacerbate injustice. Such concerns are rarely discussed in the policy arena in any depth, or with academic rigor. Hence, this book gathers contributions from leading voices and rising stars in political philosophy to respond. It is essential reading for anyone puzzled about how geoengineering might promote or thwart the ends of justice in a dramatically changing world. (shrink)

This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a (...) moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants. (shrink)

The proliferation of big data analytics in criminal justice suggests that there are positive frames and imaginaries legitimising them and depicting them as the panacea for efficient crime control. Criminological and criminal justice scholarship has paid insufficient attention to these frames and their accompanying narratives. To address the gap created by the lack of theoretical and empirical insight in this area, this article draws on a study that systematically reviewed and compared multidisciplinary academic abstracts on the (...) data-driven tools now shaping decision-making across several justice systems. Using insights distilled from the study, the article proposes three frames for understanding how the technologies are portrayed. Inherent in the frames are a set of narratives emphasising their ostensible status as vital crime control mechanisms. These narratives obfuscate the harms of data-driven technologies and evince idealistic imaginaries of their capabilities. The narratives are bolstered by unequal structural arrangements, specifically the unevenly distributed digital capital with which some are empowered to participate in technology development for criminal justice application and other forms of penal governance. In unravelling these issues, the article advances current understanding of the dynamics that sustain the depiction of data-driven technologies as prime crime prevention and law enforcement tools. (shrink)

With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international criminal (...) norms. If the source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The End of This World: Climate Justice in So-Called Canada by Angele Alook et al.Evangeline KroonAngele Alook, Emily Eaton, David Gray-Donald, Joël Laforest, Crystal Lameman, and Bronwen Tucker. The End of This World: Climate Justice in So-Called Canada. Toronto: Between the Lines, 2023. 240 pp., paperback, $25.95. ISBN 9781771136129.[End Page 280]The End of This World: Climate Justice in So-Called Canada by Angele Alook, Emily Eaton, (...) David Gray-Donald, Joël Laforest, Crystal Lameman, and Bronwen Tucker is both an imagining of a utopic, fossil-fuel-free world and a spirited call to action. Written in plain language and aimed at a wide audience, the book examines contemporary so-called Canada through an indigenous-centered,1 decolonial lens and frames the current climate crisis that we are in as one of relationship failure. The authors state: "We believe it is important for a just transition discussions to be accessible to all audiences because, fundamentally, what we're talking about in this book is repairing relationships. Repairing relationships with each other and with the land" (13). Key to repairing this relationship is putting indigenous rights and sovereignty at the center of any proposal or policy, instead of appearing as an add-on or afterthought. As the authors lead us through their plan for a just energy transition, they assert that any change, any movement, and any economic strategy that does not assert indigenous rights is not only "greening theft," it is also doomed to fail (7).The book is organized into two parts. The first part consists of the introduction and the first two chapters, where the authors outline broken promises and political and private decisions that have led to the current climate crisis in so-called Canada. The second half then outlines indigenous-informed solutions and possible paths forward, with the most concrete and "winnable" strategies in the last two chapters (153). The End of This World is a collaborative piece, written in one voice, while the individual authors' voices can be heard through various examples and anecdotes given throughout the book.In the first half of the volume, they lay out the rise and reliance on fossil fuels, the ongoing empowerment of the industry, and the swaths of broken promises the Canadian government has made since public concern for climate has been on the rise. The authors focus on two dynamics that they believe are the worst contributors to this crisis in so-called Canada: "the violation of indigenous people's inherent rights and sovereignty, and the fossil fuel economy that relies on this violation" (11). This is done by tracing the sordid history of indigenous-settler relations through official documents such as the [End Page 281] Indian Act and the residential school system, which systematically destroyed traditional indigenous relationships with each other and the land and replaced them with patriarchal capitalist colonial hierarchies. The authors argue that this destruction, along with the forced removal of indigenous people from their lands, effectively brought about an apocalypse, the aftereffects of which indigenous people across all of so-called Canada are still dealing with. This is an incredibly effective rhetorical strategy, pulling on the popular cultural imagination of the apocalypse and reframing the settlers' view of this world as an indigenous dystopia.The authors then lay out how the official policies and privatization of the industry by the Canadian state laid the groundwork for weakening resistance against fossil fuel projects on traditional indigenous territories, and for stripping the lands of resources and further alienating all people from their relationships with the land. They point out that when indigenous mobilization was finally recognized in the 1970s and 1980s, a swell of popular support from unions, labor activists, and environmentalists pushed back against rampant development and extraction. However, instead of strict regulation and limitation, the authors make it clear how the government and industry simply switched from climate denialism to "climate delayism," using terms like "sustainable development," "net zero goals," and "carbon neutrality" to push responsibility to the future and make no real changes, all while actually increasing development and projects in the industry.The greatest strength of this section is how... (shrink)

There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...) two related questions that are raised when moving from moral to legal duties: First, on what ground does the state have the authority to dictate that one’s needs should be met in the way specified by a particular legal duty? Second, does a special relationship exist that legitimizes the establishment of such legal duties? (shrink)

25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a (...) range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world.Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years. (shrink)

A liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this (...) penetrating critique of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows. (shrink)

Arguments in favour of strengthening the rights of victim–survivors in the criminal justice process have largely been made within the framework of a human rights perspective and with a view to meeting their procedural needs and minimising their experiences of secondary victimisation. In this article, however, I ask whether the prevalent legal arrangement, whereby victim–survivors are assigned the legal status of witnesses in criminal cases, with limited if any rights, is a just arrangement. In order to answer (...) this question, the article draws on interviews with 35 victim–survivors of sexual violence in Iceland. The interviews are presented against the backdrop of Nordic legal thinking and are interpreted in the context of Nancy Fraser’s democratic theory of justice. On the basis of the findings, I argue that assigning complainants the role of witnesses constitutes a case of misframing that results in misrecognition throughout the criminal justice process. (shrink)

This book approaches the problems and circumstances confronting blacks in the context of black values, the black community, and the role of government. ^BContents:: The Black Community's Values as a Basis for Action; The Community as Agent of Change; and The Government's Role in Meeting New Challenges.

Bovine tuberculosis is the most important animal health and welfare policy issue in Britain. Badgers are a wildlife reservoir of disease, although the eight-year Independent Scientific Group Randomised Badger Culling Trial concluded with a recommendation against culling. The report advised government that bovine TB could be controlled, and ultimately eradicated, by cattle-based measures alone. Despite the ISG recommendation against culling, the farming and veterinary industries continued to lobby government for a badger cull. The 2005–2010 Labour government (...) followed the ISG advice and decided against a cull. The 2010–2015 Coalition and the 2015-present Conservative governments have followed a badger culling policy. This paper investigates whether a virtuous government would cull badgers. It provides an overview of virtue theory in the context of government animal health and welfare policy. Bovine TB and badger control policy options are then analysed in the context of the virtues of justice, wisdom, integrity, loyalty, curiosity, trust, empathy, compassion and aesthetics. Justice is the first virtue of government, and badger culling is seriously problematic from a virtue perspective given that five badgers are culled per cow that avoids slaughter as a result. Analysis based on other virtues strongly suggests that government should not cull badgers. The paper concludes that a virtuous government would not cull badgers as part of policy to control bovine TB in cattle. (shrink)

Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on data from the first multi-jurisdictional study of the nature and harms of, and legal/policy responses to, (...) image-based sexual abuse, this article argues for a new joined-up approach that supports victim-survivors of image-based sexual abuse to ‘reclaim control’. It argues for a comprehensive, multi-layered, multi-institutional and multi-agency response, led by a government- and industry-funded online or e-safety organisation, which not only recognises the diversity of victim-survivor experiences and the intersection of image-based sexual abuse with other forms of sexual and gender-based violence and discrimination, but which also enables victim-survivors to reclaim control within and beyond the criminal justice system. (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and (...) jurisprudential ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

With the advent of automated decision-making, governments have increasingly begun to rely on artificially intelligent algorithms to inform policy decisions across a range of domains of government interest and influence. The practice has not gone unnoticed among philosophers, worried about “algocracy”, and its ethical and political impacts. One of the chief issues of ethical and political significance raised by algocratic governance, so the argument goes, is the lack of transparency of algorithms. One of the best-known examples of philosophical (...) analyses of algocracy is John Danaher’s “The threat of algocracy”, arguing that government by algorithm undermines political legitimacy. In this paper, I will treat Danaher’s argument as a springboard for raising additional questions about the connections between algocracy, comprehensibility, and legitimacy, especially in light of empirical results about what we can expect the voters and policymakers to know. The paper has the following structure: in Sect. 2, I introduce the basics of Danaher’s argument regarding algocracy. In Sect. 3 I argue that the algocratic threat to legitimacy has troubling implications for social justice. In Sect. 4, I argue that, nevertheless, there seem to be good reasons for governments to rely on algorithmic decision support systems. Lastly, I try to resolve the apparent tension between the findings of the two preceding Sections. (shrink)

While much of the social and political attention surrounding the nationwide opioid epidemic has focused on the dramatic increase in overdose deaths among white, middle-class, suburban and rural users, the impact of the epidemic in Black communities has largely been unrecognized. Though rates of opioid use at the national scale are higher for whites than they are for Blacks, rates of increase in opioid deaths have been rising more steeply among Blacks than whites over the last five years. Moreover, the (...) rate of opioid overdose deaths among Blacks already exceeds that of whites in several states. The lack of discussion of Black overdose deaths in the national opioid discourse further marginalizes Black people, and is highly consistent with a history of framing the addictions of people of color as deserving of criminal punishment, rather than worthy of medical treatment. This article argues that, because racial inequalities are embedded in American popular and political cultures as well as in medicine, the federal and state governments should develop more culturally targeted programs to benefit Black communities in the opioid crisis. Such programs include the use of faith-based organizations to deliver substance use prevention and treatment services, the inclusion of racial impact assessments in the implementation of drug policy proposals, and the formal consideration of Black people's interaction with the criminal justice system in designing treatment options. (shrink)

Since the introduction of the U.S. Sarbanes-Oxley Act in 2002 and several other national corporate governance codes, whistleblowing policies have been implemented in a growing number of companies. Existing research indicates that this type of governance codes has a limited direct effect on ethical or whistleblowing behaviour whereas whistleblowing policies at the corporate level seem to be more effective. Therefore, evidence on the impact of (inter)national corporate governance codes on the content of corporate whistleblowing policies is important to understand their (...) indirect impact on whistleblowing behaviour. This study analyzes the contents of whistleblowing policies, and parts of corporate codes of conduct and codes of ethics, describing such policies of 56 leading European companies. By classifying the contents in seven categories, an exploratory framework was created. General contents often identified were: applicability to all employees, a group-wide scope and an authoritative tone. The most common general violations to report were breaches of internal policies and external regulations or laws. The more specific violations most frequently mentioned were criminal offences and dangers to health and safety or the environment. Contacts to report to were the direct or indirect supervisors, a compliance officer or a confidential "hotline" facility. A confidentiality guarantee was common and anonymous reporting was often possible, though sometimes discouraged. Protection against retaliation is stated by ensuring that retaliation will not happen, prohibiting it or making it punishable. The requirement of good faith was frequently given. Finally, investigation of the report was often guaranteed. Surprisingly little information is given on the treatment of whistleblowers reporting an unfounded complaint in good faith, or reporting a violation they were involved in. The study's findings are most relevant to companies without a whistleblowing policy or those that intend to benchmark their policies, and to pan-European standard setters. (shrink)

In newly emerging democracies, succeeding governments have numerous policy tasks for the purpose of developing the free market and the democratic process. In such legal systems, policy-oriented views of law, which regard law as a policy tool for diminishing public problems, seem descriptively pertinent and prescriptively helpful. This is also the case in mature democratic legal systems, where the public problems faced by governments become more and more complex. Policy-directional views of law do not necessarily imply (...) that law is a value-neutral means that can serve any possible political ends. It is widely recognized among legal theorists and practitioners, with notable exceptions represented by exclusive legal positivists, that the law involves moral values, including justice and liberty. In the present essay, I focus on one version of policy-oriented views of law that is based on the fundamental ideals of justice and interest. By sketching out this version, I attempt to shed new light on some concepts and issues in jurisprudence. To begin, I articulate the concept of justice and identify the difficulties that interest-based conceptions of justice encounter, by referring to some classical works. I also make a distinction between different conceptions of interest. Next, the two basic concepts in law — rights and liberty — are explained in terms of justice and interest. Efficiency, which has been largely neglected in traditional jurisprudence notwithstanding its practical significance, is also briefly discussed. Then, I turn to exploring the implications that the law-as-policy theory grounded on justice and interest might have for the foundations of two legal domains: criminal law and laws governing political participation. Some allegations and objections against this theory are described, and responses to them are given. The essay concludes by noting the questions that remain open in this theory. (shrink)

The singular message in Global Health Law is that we must strive to achieve global health with justice—improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health—public health, universal health coverage, and the social determinants of health—while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to equity. (...) A new global health treaty grounded in the right to health and aimed at health equity—a Framework Convention on Global Health —stands out for its possibilities in helping to achieve global health with justice. This far-reaching legal instrument would establish minimum standards for universal health coverage and public health measures, with an accompanying national and international financing framework, require a constant focus on health equity, promote Health in All Policies and global governance for health, and advance the principles of good governance, including accountability. While achieving an FCGH is certainly ambitious, it is a struggle worth the efforts of us all. The treaty’s basis in the right to health, which has been agreed to by all governments, has powerful potential to form the foundation of global governance for health. From interpretations of UN treaty bodies to judgments of national courts, the right to health is now sufficiently articulated to serve this role, with the individual’s right to health best understood as a function of a social, political, and economic environment aimed at equity. However great the political challenge of securing state agreement to the FCGH, it is possible. States have joined other treaties with significant resource requirements and limitations on their sovereignty without significant reciprocal benefits from other states, while important state interests would benefit from the FCGH. And from integrating the FCGH into the existing human rights system to creative forms of compliance and enforcement and strengthened domestic legal and political accountability mechanisms, the treaty stands to improve right to health compliance. The potential for the FCGH to bring the right to health nearer universal reality calls for us to embark on the journey towards securing this global treaty. (shrink)

This article advances our understanding of the well-documented trade-off between welfare and prisons by analyzing US congressional hearings on welfare and criminal justice policies in two periods: the “Great Society” of 1961–67 and the “neoliberal” era of 1981–96. Comparing policymakers’ conceptions about the causes of poverty and crime, about poor and criminal populations, and about the proper role of government, the findings show that conceptions across policy domains are similar in each period and have changed (...) in similar ways over time. These changes correspond to markedly different policy responses to poverty and crime in the two periods, favoring welfare over prisons in the earlier period and prisons over welfare in the later period. The article discusses the implications for an understanding of the punitive turn in public policies, for theories of social control, and for research on the role of ideas in policymaking. (shrink)

A generation ago, the field of business ethics largely abandoned analyzing the broader issue of social justice to focus upon more micro concerns. Donaldson applied the social contract tradition of Locke and Rawls to the ethics of management decision-making, and with Dunfee, has advanced this project ever since. Current events suggest that if the field is to remain relevant it needs to return to examining social and economic fairness, and Rawl's approach to social contracting suggests a way to start. (...) First, however, the field needs to discard the weaker and counterproductive aspects of its Lockean legacy: Locke's hostility to government activism and his indifference with regard to outcomes for the bulk of society. Donaldson's and Dunfee's social contracting approach is not suited to, nor was it designed to, analyze or resolve broad issues of social and economic justice. Their postulated network of communities upon which they rely is problematic in a number of ways, and while they take the legal and political status quo into account, their method does not deal with the historical reality that, as the economic and social environment changes, promoting greater justice requires new and sometimes coercive government interventions. Rawls's work, however, does acknowledge the historically demonstrable necessity of using the power of government to help to achieve desirable social outcomes. While he rejected Mill's methodology, Rawls was inspired by the earlier philosopher's concerns for social justice at a time of major economic change. The field would do well to follow the example of both men in this respect. (shrink)

The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept based (...) on the constitutional principles of the rule of law, justice, proportionality and rationality in the legislation and case law. The author concludes that the main precursors of the ultima ratio principle are the German legal doctrine of protection of legal goods (Rechtsgüterschutz) and Harm principle respected in the common law tradition, as well as the need for protection of human rights in the democratic world. These concepts raise the duty of the legislator to justify the act of criminalisation by legitimate purpose and to comply with certain constitutional limits of application of criminal law. The idea of criminal liability as a last resort is recognised both in the jurisprudence of the Constitutional Court (obiter dictum) and in the practice of the Supreme Court of Lithuania reasoning particular decisions in criminal cases, especially delimiting criminal and other types of legal liability. The author concludes that the fact of discrepancy of criminal law to ultima ratio test can be one of the arguments in support of its objection to the Constitution and even the European Convention on Human Rights and Fundamental Freedoms. At the same time, the author of the article has found that many norms of the Criminal Code are in conflict with the idea of a last resort. (shrink)

In this broad consideration of American criminal justice today, Allen suggests that the way to a more effective penal policy can be found in a closer adherence to the law rather than in the current tendency to bypass certain laws in the name of the "war on crime".

Transitionaljustice mechanisms and the International Criminal Tribunal for the FormerYugoslavia (ICTY) have had only a limited success in overcoming ethnic divisionsin Bosnia-Herzegovina. Rather than elaborating upon the role of local politicalelites in perpetuating ethnic divisions, we examine ordinary peoples’ popularperceptions of war and its aftermath. In our view, the idea that elites havecomplete control over the broader narratives about the past is misplaced. Weargue that transitional justice and peace mechanisms supported by externalactors are always interpreted on the ground (...) in context-specific ways, creatingdifferent citizens’ experiences, “memories” of the war, and their respectivehopes and disappointments in regards to the relationship between peace andjustice in Bosnia. We suggest that analyses of the post-conflict developments inBosnia-Herzegovina must take into account what gives the narratives ofexclusion their power, and what are the objective political, social andeconomic constraints that continue to provide a fertile ground for theirwidespread support. (shrink)

The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. _The Routledge Handbook of Criminal Justice Ethics_ brings together international scholars to explore the most significant (...) ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The _Handbook _is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Abortion to Abolition: Reproductive Health and Justice in Canada by Martha PaynterRebecca Simmons (bio)Abortion to Abolition: Reproductive Health and Justice in Canada by Martha Paynter Winnipeg, MB: Fernwood Publishing, 2022Martha Paynter's Abortion to Abolition: Reproductive Health and Justice in Canada is a bold, ambitious work that seeks to not only catalog Canada's meandering and often backtracking path toward reproductive justice, but to act as (...) a manifesto for Paynter's own ideas and goals for reproductive justice. The book takes the form of an anthology of stories, divided into chapters, that are grouped according to a certain right; for example, the right to bodily autonomy. This format effectively guides the reader from abortion to abolition. Paynter adroitly starts the book with white feminist favorites such as bodily autonomy and not having children. Then she logically progresses to more radical ideas such as parenting in prison and the total abolition of prisons. The stories in this book are accompanied by warm, colorful illustrations by Julia Hunt. These drawings help the reader visualize the person behind the story and the very real life that was affected by reproductive law and/or social norms. Paynter holds a PhD in nursing, and it is from this background that she writes, seeking to educate nurses and other healthcare professionals alongside a broader readership garnered through her clear, approachable writing style.Chapter 1 introduces the reader to many of the book's key themes by considering the right and need to have bodily autonomy, and the multiple ways this manifests itself in ordinary (and less-ordinary) life. Paynter considers the disparate stories of five women, all fighting in some way for bodily autonomy. The stories cover events of gender-based gun violence, sexual assault, transgender rights in prison, the legalization of sex work, police violence, and institutional racism. Each story recounted by Paynter catalogs tragedies and injustices with blunt and brutal honesty—perhaps to an unnecessary extent. Every horrific fact is laid bare for the readers as they uncover the intricacies of gender-based, imperialist, and racist violence. Paynter has chosen these stories to display the multitude of ways in which people—especially Black, Indigenous, people of color (BIPOC) and minoritized genders—can be willfully wronged by the state and [End Page 209] the criminal justice system, such that the reader must begin to confront the fact that these structures don't seem to exist to benefit or protect the most marginalized in society.Chapter 2 approaches the right not to have children through a number of stories related to contraception, abortion, and family planning. Paynter sketches some of the key points in Canada's journey toward the decriminalization of abortion, from paradoxical trailblazers, such as Dr. Emily Stowe in the 1800s, to the viral memefied content of art protestor iamkarats. While the unequivocal legality of abortion in Canada suggests incredible progressiveness and support for women's rights, Paynter paints a more complex picture through her chosen narratives. Crucially, the inequitable geographical access to abortion, in particular, throughout the huge landmass of Canada suggests that the right to not have children in Canada is not universal. Moreover, Paynter suggests that access is also bounded by financial constraints, finite public funding, and the limited availability of inclusive clinics that prioritize healthcare for LGBTQ2S+ people.Chapter 3 considers the topic of having children; in particular, the right to reproductive technologies and freedom from forced sterilization. Paynter quickly makes clear that while many white feminists might see having and not having children as diametrically opposed, they are two equally essential parts of reproductive justice. Paynter draws attention to the Sexual Sterilization Act of 1928 that was only overturned in 1972. She describes it as part of the "genocidal colonial project" (84), a collection of laws and policies aimed at fulfilling eugenicist, neoimperial ideals of increasing production of the white "race" and promoting the genocide of Indigenous peoples. Furthermore, Paynter argues that evidence of forced sterilization of Indigenous peoples, and other physical violence and neglect, persists to the present day and must be stopped and reparations made for previous harms. Paynter then considers the complex, often-debated case of commercialized surrogacy, which she defines... (shrink)