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On Criminalization
When thinking about justified criminalization - whether some action may morally be made a criminal offense - philosophers tend to rely upon balancing'. Arguments favoring and opposing criminalization are weighed' on a simple beam balance; the weightier' reasons prevail. Jonathan Schonsheck argues that this methodology is deeply flawed; among other infirmities, it fosters the neglect of items essential to a defensible decision. He urges the adoption of filtering' - a multi-step procedure which directs one to discuss the moral authority of the state, to consider measures less coercive than a criminal statute, and to investigate the pragmatic consequences of criminalization. This procedure, he ...
From the Eye of the Storm
From the Eye of the Storm: Regional Conflicts and the Philosophy of Peace presents to the reader a cross section of an emerging field of study: the philosophy of peace. The editors bring together articles that explore the philosophic implications of many recent regional conflicts. Reflecting the diversity and vitality and any new field of study, this volume contains five sections: Conceptual Foundations; America's Homefront; Desert Storm Assessments; Jihad, Intifada, and Other Mideast Concerns; and Latin American Issues. The topics of the articles include war, militarism, patriotism, nationalism, nonviolence, conscientious objection, feminist peace, the media, the ethics of the Gulf War, the Israeli-Palestinian conflict, Islamic pacifism, and Latin American resistance. A concluding postscript assesses prospects for achieving peace and change within our fast changing international scene. This volume has an extensive bibliography of writings concerning peace and conflict and is suited to professional and student audiences.
The Future of EU Criminal Justice Policy and Practice
EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.
Universal Human Rights
Universal Human Rights brings new clarity to the important and highly contested concept universal human rights. The Charter of the United Nations commits nearly all nations of the world to promote, to realize and take action to achieve human rights and fundamental freedoms for all, yet this formal consensus masks an underlying confusion about the philosophical basis and practical implications of rights in a world made up of radically different national communities. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. Rights protect the benefits of cultural diversity, while recognizing the universal dignity that every human life deserves. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an otherwise divided world.
In Search of Criminal Responsibility
What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century....
Liberty and Equality
This book takes an unflinching look at the difficult, often emotional issues that arise when egalitarianism collies with individual liberties, ultimately showing why the kind of egalitarianism preached by socialists and other sentimentalists is not an option in a free society.
Prosecutors and Democracy
The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.
Freedom of Expression in a Diverse World
The essays in this volume consider issues at the intersection of freedom of expression and racial, cultural, and gender diversity. The claims of those whose cultures and beliefs differ from our own are no longer the exclusive province of diplomats, as the Danish newspaper that published cartoons ridiculing Mohammed quickly learned. Negotiating the claims of freedom of expression as they come into open conflict with a wide diversity of viewpoints, both domestically and internationally, has become an increasingly complex task. The present volume seeks both to provide fresh insight into the philosophical grounds for limiting government restriction of expression and to address current tensions b...
Health Care for an Aging Population
This volume examines one of the most important policy issues to be faced as policymakers address both current and future health care needs—the allocation of health care resources for an aging population. The first part looks at the role of the aged in society, what justice requires of the young toward the old and of the old toward the young, the source of rising health care costs, and the need to control medical spending. The second part focuses on dramatic and controversial proposals by Daniel Callahan and others to control medical spending in the next century by rationing life-prolonging treatment according to age. Concluding chapters provide concrete proposals for a system that solves our immediate problems of cost and access while preparing for the extraordinary needs of an aging population. This book explores proposed changes in the U.S. health-care system to meet unprecedented demand expected early in the next century when the "baby boom" generation reaches retirement age and eligibility for Medicare. A focal point is the possibility of withholding publicly-funded, life-prolonging medical care from the very old.
Knotted Doughnuts and Other Mathematical Entertainments
Martin Gardner's Mathematical Games columns in Scientific American inspired and entertained several generations of mathematicians and scientists. Gardner in his crystal-clear prose illuminated corners of mathematics, especially recreational mathematics, that most people had no idea existed. His playful spirit and inquisitive nature invite the reader into an exploration of beautiful mathematical ideas along with him. These columns were both a revelation and a gift when he wrote them; no one--before Gardner--had written about mathematics like this. They continue to be a marvel. This is the original 1986 edition and contains columns published from 1972-1974.
