Michael Smith’s The Moral Problem gives an admirably straightforward condition for moral rightness: an act is morally right in circumstance C only if under conditions of full rationality we would all want to perform that act. I will assume that this condition, if met, would make acts objectively right and therefore vindicate a robust form of metaethical realism. There remains the question, however, of whether this condition can be met. Smith considers several arguments that it cannot, and this paper will (...) argue that his response to one of them— Gilbert Harman’s “successful criminal” argument—is inadequate. Clear and straightforward as it is, Smith’s condition for moral rightness is deceptively strong for it requires a full convergence of desires. It appears that moral facts can exist only if there is unanimous agreement about how we would want to behave if we were fully rational. The unanimity requirement leaves Smith vulnerable to sensible knave style objections. If someone can be fully rational yet not desire to perform acts in accordance with morality, then according to Smith’s account, we should be skeptical about the existence of moral facts. Harman presents such an objection in the form of a successful criminal who does not observe the alleged requirement not to harm or injure people outside of his criminal organization. Most importantly, the criminal’s disregard of outsiders is not due to inattention, failure to consider or appreciate certain arguments, ignorance of relevant evidence, errors in reasoning, irrationality, unreasonableness, or weakness of will. If this criminal is truly rational and still desires to steal.. (shrink)

Whether or not we call a love-like relationship with robots true love, some people may feel and claim that, for them, it is a sufficient substitute for love relationship. The love relationship between humans has a special place in our social life. On the grounds of both morality and law, our significant other can expect special treatment. It is understandable that, precisely because of this kind of relationship, we save our significant other instead of others or will not testify against (...) her/him. How as a society should we treat love-like relationships humans with robots? Based on the assumption that robots do not have an inner life and are not moral patients, I defend the thesis that this kind of relationship should be protected by criminal law. (shrink)

Recent events have highlighted large-scale systemic racial disparities in U.S. criminal justice based on race and other demographic characteristics. Although criminological datasets are used to study and document the extent of such disparities, they often lack key information, including arrestees’ racial identification. As AI technologies are increasingly used by criminal justice agencies to make predictions about outcomes in bail, policing, and other decision-making, a growing literature suggests that the current implementation of these systems may perpetuate racial inequalities. In (...) this paper, we argue that AI technologies should be investigated to understand how they recognize racial categories and whether they can be harnessed to fill missing race data. By bridging this gap, we can work towards better understanding racial inequalities in a wide range of contexts, most notably criminal justice. Using a multidisciplinary perspective, we rethink the design and methodology used in facial processing technology (FPT) based on supervised deep learning model (DLM) image classification. By modifying standard FPT pipelines to tackle multiple sources of DLM bias, we propose an experimental methodology based on ethical AI principles to generate binary (Black and White) racial categories using mugshots. We go beyond simply reporting DLM accuracies and address fundamental issues such as generalizability and interpretability by using a “self-auditing” approach. First, we evaluate the inference performances of 42 fine-tuned DLMs using unseen test images from the same dataset but subject to varying data augmentations. Next, to interpret and validate our methodological approach, we apply gradient-based saliency maps to assess the consistency of facial region relevance and attribution. Finally, drawing upon insights from three areas (computer science, sociology, and law), we investigate the efficacy of our DLM-based method as a tool for detecting racial inequalities in criminal justice. (shrink)

This article presents the results of the longitudinal study of Addiopizzo, a successful anti-bribery organization founded in Sicily in 2004. It analyzes how this organization has used information disclosure as a strategy to fight adverse environmental conditions and the immoral activities of the Sicilian Mafia. This article extends the business ethics and corporate social responsibility literature by showing how multi-level strategic information disclosure processes can help gain organizational legitimacy in adverse social environments and successfully fight against social resistance (...) to change, low levels of moral imagination and attacks from criminal organizations. This article provides an additional contribution to the literature by linking the three research streams on corporate transparency, the fight against corruption, and organizational legitimacy. The results of this research also contribute to the special issue of the EBEN AC 2010, “Which values for which organizations”, since it provides a unique example of an organization capable of spreading the values of social justice and honesty in a difficult social environment plagued by Mafia. (shrink)

According to some, the combatant-noncombatant distinction has lost its relevance in today’s world. I examine two arguments to this effect. The first states that the distinction has become irrelevant when it categorizes children as combatants. I reply that the distinction has nothing to do with innocence or guilt, but with the degree to which a violent group poses a threat to others, even when it does so legitimately. The second argues that every civilian can be construed as a kind of (...) combatant, thus obliterating the distinction. My answer notes an error: states are representatives of citizens, not the other way around.My position in this paper is that individuals take on legitimate combatancy as a function of membership in an organization with legitimate combatancy. This paper attempts to construct a concept of the fighting organization that will allow us to determine the legitimate combatancy of such organizations. The three combatancy criteria I offer are military command structure, observance of the war convention, and representativeness. The first is a requirement for legitimate combatancy because it facilitates the prevention of ius in bello violations of the war convention and can enable the transition from war to diplomacy. My second criterion, the observance of the war convention, too, must be retained as a condition for legitimate combatancy: targeting noncombatants as a means of fighting the war certainly disqualifies organizations from potential POW status, and other ius in bello infractions might, as well. My third condition, representativeness, requires that fighters serve as moral proxies for a geographically contiguous, politically viable people in order to retain legitimate combatancy. If a fighting organization does not represent such a people, then it is a group of criminals rather than soldiers. (shrink)

Uncontrolled access to information on the Internet has many advantages, but it also leads to the phenomenon of fake news. Fake news is dangerous in many spheres, including that of health. For example, we are facing an increase in the amount of vaccine hesitancy. This has been w considered by the World Health Organization in 2019 as one of the greatest threats to public health. This specific phenomenon is linked with the spread of information on the Internet around that (...) issue. In this paper, I discuss a proposition of new crime, which has the aim of fighting medical fake news by stopping its spread. This proposition should be considered only if other non-criminal measures are inefficient. The proposal is “Whoever publicly disseminates information evidently discrepant with medical knowledge is subject to a penalty.”. (shrink)

The recent developments in applications of artificial intelligence bring back discussion about risks posed by AI. Among immediate risks that need to be tackled here and now, there is also a possible problem of existential threats related to Artificial General Intelligence (AGI). There is a discussion on how to mitigate those risks by appropriate regulations. It seems that one commonly accepted assumption is that the problem is global, and thus, it needs to be tackled first of all on an international (...) level. In this paper, I argue that national criminal laws should also be considered one of the possible regulatory tools for mitigating threats posed by AGI. I propose to enact AGI crimes that complement the varieties of legal responses to existential risks that might motivate and speed up further regulatory changes. (shrink)

Abstract:This article unveils the gendered, racialized, and silent sexual dimensions at play in the criminalization of Milagro Sala, the charismatic and controversial female indigenous leader of the Organización Barrial Tupac Amaru in Argentina. It argues this organization was able to contest narrow definitions of women's welfare used in local state bureaucracies in terms of certain redistribution and recognition, while fostering complex and controversial state-movement relations in terms of transparency and accountability. In important ways, Tupac Amaru politicized the “undeserving poor.” (...) Women who did not conform to the moral prescriptions that patrol the conduct of poor women were the backbone and the leadership of the organization. Drawing on interviews, fieldwork materials, and documents gathered between 2009 and 2017, this paper shows that the main problems created by the criminalization of the organization were not only the arbitrary detention of Sala. Equally significant, the criminalization also brought about sudden negative changes in poor women and LGBT popular sectors' living conditions, employment opportunities, and access to health care, alongside the overall erosion of minimal gains in social and economic rights. It ultimately undermined the legitimacy of rights-based demands of popular and indigenous sectors in a multi-ethnic society. (shrink)

Traditional notions of crime control often position the police against an individual, known or not yet known, who is responsible for the commission of a crime. However, with increasingly sophisticated technology, policing increasingly prioritizes the prevention of crime, making it necessary to ascertain who, or what class of persons, may be the next likely criminal before a crime can be committed, termed predictive policing. This causes a shift from individualized suspicion toward predictive profiling that may sway the expectations of (...) a police patrol. Classically, where a patrol officer forms reasonable suspicion prior to a stop, it is based upon his/her analysis of the situation taken as a whole in context. However, where a predictive profile is employed, information available to the officer accordingly adjusts his/her perception of context and affects the application of the reasonable suspicion standard. This article addresses the way in which new approaches to forming reasonable suspicion affect the due process protection of individuals’ fundamental rights. It argues that while an officer still operates with good faith discretion, using predictive profiling causes reasonable suspicion to be based on an augmented understanding of reality and as a result, due process guarantees are weakened. The rights to non-discrimination and the presumption of innocence are assessed and argued as illustrative of this weakening and shift in policing standards. The article ultimately argues that while predictive policing cannot be categorically labeled as inconsistent with criminal justice, changes as seemingly moderate as the manner in which discretion operates have larger effects on individuals’ rights. (shrink)

A just culture is a culture of trust, learning and accountability. It is particularly important when an incident has occurred; when something has gone wrong. How do you respond to the people involved? What do you do to minimize the negative impact, and maximize learning? This third edition of Sidney Dekker's extremely successful Just Culture offers new material on restorative justice and ideas about why your people may be breaking rules. Supported by extensive case material, you will learn about safety (...) reporting and honest disclosure, about retributive just culture and about the criminalization of human error. Some suspect a just culture means letting people off the hook. Yet they believe they need to remain able to hold people accountable for undesirable performance. In this new edition, Dekker asks you to look at 'accountability' in different ways. One is by asking which rule was broken, who did it, whether that behavior crossed some line, and what the appropriate consequences should be. In this retributive sense, an 'account' is something you get people to pay, or settle. But who will draw that line? And is the process fair? Another way to approach accountability after an incident is to ask who was hurt. To ask what their needs are. And to explore whose obligation it is to meet those needs. People involved in causing the incident may well want to participate in meeting those needs. In this restorative sense, an 'account' is something you get people to tell, and others to listen to. Learn to look at accountability in different ways and your impact on restoring trust, learning and a sense of humanity in your organization could be enormous. (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)

The following article proposes an empirical study to explore communication strategies in the Cosa Nostra. Psychological studies on the characteristics of the language within the criminal organization are undoubtedly recent, but crucial to thoroughly understand the characteristics of implicit and explicit communication it adopts in the various contexts it works, as well as the power and value they assume. The data we have obtained from some videos concerning interviews and police interrogations to men of honor have been analyzed (...) through a method that refers to the grounds of qualitative research in clinical psychology, the Grounded Theory by Glaser and Strauss. The analysis we have carried out and its relevant data show us a world of the Mafia where the care for linguistic choices, for both form and contents, is characterized as a crucial activity, even when words are replaced by silence or gestures. (shrink)

In recent years there has been concern among law enforcement and national security organizations about the use of “anonymous” prepaid mobile phone service and its purported role in supporting criminal and terrorist activities. As a result, a number of countries have implemented registration requirements for such service. Privacy rights advocates oppose such regulatory measures, arguing that there is little practical value in attempting to register prepaid mobile devices, and the issue raises important questions about a citizen's entitlement to anonymity (...) in the ownership of a networked communications device. This article provides an overview of the issue and presents findings drawn from a recent study on prepaid mobile phone regulation in the Organisation for Economic Co-operation and Development countries. The article concludes by suggesting that there are significant problems with the claim that mandatory registration of prepaid mobile phone service is a necessary or an effective regulatory course of action. (shrink)

The business world is not a separate universe of economic values and goals distinct from society, but an aspect of the behaviour of society as a whole. Ethics cannot be a cosmetic applied to established practice in the business world, a mere restraint on the unsocial or criminal behaviour of managers or a pragmatic response to consumer pressure. The author argues for a Total Ethics concept analogous to Zero Defects concepts in operations management. This ethic should form the foundation (...) of the organisation's mission and permeate its statements of business objectives. If the ethic is to serve the common good of all who have an interest in the business, then all the stakeholders, not just those with a financial interest, must contribute to the business objectives and exercise some control. (shrink)

Fé e crime na “quebrada”: pentecostais e PCC na construção da sociabilidade nas periferias de São Paulo (Faith and crime in the "quebrada": Pentecostalism and PCC in the construction of sociability in the outskirts of São Paulo). DOI: 10.5752/P.2175-5841.2014v12n33p99 Tratamos, neste texto, da convivência em um mesmo ambiente urbano de fenômenos aparentemente díspares como é o caso do pentecostalismo de um lado e, de outro, o crime organizado e a violência como seu modus operandi , ambos representando expressões de sociabilidade (...) e formação identitária nas periferias das metrópoles. Nesse contexto, o conceito de conversão precisa ser revisto dada a sua ineficácia para se compreender os processos sociais experimentados pelas populações dos bairros periféricos. Nesses bairros, ser pentecostal não é necessariamente uma opção de vida que exclui a participação na organização criminosa do Primeiro Comando da Capital - PCC. O artigo está dividido em dois tópicos: no primeiro, fazemos um breve levantamento dos estudos que trabalham com as diferentes formas em que a religião e a violência criam interfaces de contato. No segundo tópico procuramos apresentar nossas observações empíricas de uma comunidade pentecostal da qual faz parte um dos líderes locais do PCC. As conclusões são apontamentos que procuram manter abertas as portas para outras reflexões e dar continuidade à pesquisa mais do que para encerrar o debate. Palavras chaves : Pentecostalismo. PCC. Crime organizado. Conversão.In this paper we look at the coexistence, in the same urban environment, of seemingly disparate phenomena such as Pentecostalism on one side, and on the other the organized crime and violence as its modus operandi , two of the expressions of sociability and identity in the outskirts of the metropolis. In this context the concept of conversion needs to be revised given its ineffectiveness to understanding social and religious processes experienced by the populations of the suburbs. In these neighborhoods, be Pentecostal is not necessarily a lifestyle choice that precludes participation in a criminal organization like the Primeiro Comando da Capital, PCC. The article is divided into two topics: first, we made a brief survey of studies that work with the different ways in which religion and violence make some interfaces. After we tried to present our empirical observations about a Pentecostal community in which a PCC local leader is part of. The notes of the conclusion are looking to keep the doors open to other ideas and to continue the research more than to wind up the debate. Keywords : Pentecostalism. PCC. Organized crime. Conversion. (shrink)

This paper addresses the work of the Council of Europe in the fight against corruption. It presents briefly the Council of Europe’s organisation, activities and priorities and goes on to introduce its work in the fight against corruption. Activities in this field are carried out by the Multidisciplinary Group on Corruption (GMC) which is made up of governmental representatives of the forty Member States of the Organisation and in accordance with a Plan of Action against Corruption. Following work by the (...) GMC, the Committee of Ministers, the decision-making body of the Council of Europe, adopted in 1997 ‘The 20 Guiding principles for the Fight against Corruption’ and in 1998 ‘The Agreement establishing the Group of States against Corruption-GRECO’ which will be called upon to monitor States’ compliance with their international commitments in the fight against corruption. Three international legal instruments are currently under preparation by the GMC, namely: a convention on corruption (dealing with the criminal aspects of the problem), a convention on civil remedies resulting from corruption and a European model code of conduct for Public Officials. Work on these instruments is well advanced and it is expected that they will be adopted before the end of 1998. (shrink)

We set out by tracking the political vicissitudes of the administration of justice and their connections with a range of phenomena: the neglect by politicians; a series of events and scandals and the very curious reactions of the judicial apparatus; several parliamentary investigation commissions without much effect. Then we take a critical look at partisan politicisation of the magistrature: negative evalution of their output thrives to it; but there are also partisan appointments and promotions, even absence and refusal of training. (...) Many contextual factors hinder a normal, acceptable process of politicisation: over- and underregulation, bad legislation, misconception on contra! over the administration of justice and over judges, non-democratic decisionmaking within the organisation of the magistrature, the development of wrong relationship inside the trias politica; but also other more external conditions were not met neither. We wind up with an examination of the assesment of recent governmental proposals: an improvement of criminal and judicial inquiries; foundation of a national advisory body for the magistrature; simplification of the legislation; modernisation of the courts activities; a more objective recruitment and selection system; more easy access to justice etc. The question raises as to wether it suffices to tinker with the sy stem of the administration of justice alone... Between the Belgian and the Italian situations are similarities and relevant differences. (shrink)

The paper examines selected aspects of the defence closing argument in a highly publicised criminal trial to illustrate the orchestration of various semiotic resources in legal persuasion and to explain their role in the creation of meaning. The study demonstrates that closing arguments are multimodal performances whose persuasiveness results from the combination of modes (speech, image, video, gaze, gesture, posture, proxemics) which contextualise and strengthen one another, rather than language alone. Drawing on earlier research into multimodality, courtroom rhetoric and (...) proximity in disciplinary genres, the analysis centres on the ways in which the defence counsel controls the rhetorical features of his narrative and constructs himself and the audience as people with similar understandings and goals. The study specifically demonstrates how the counsel constructs the proximity of commitment, the proximity of membership and the proximity of experience. It explores such facets of proximity as: organisation, argument structure, credibility, stance and engagement, and identifies key rhetorical strategies used to achieve the intended communicative effect. The analysis clearly shows that the persuasiveness of the counsel’s performance depends on the synchronisation of a range of meaning-making resources, which, if used in isolation, would result in a much less engaging argument. (shrink)

POLICE ETHICS – Abstract Mark Lauchs -/- Police are an essential part of the justice system. They are the frontline actors in keeping the peace, social stability and cohesion. Thus good governance relies on honest policing. However, there will always be at least a small group of corrupt police officers, even though Australians are culturally averse to corruption (Khatri, Tsang, & Begley, 2006). There have been many cases where the allegations of police corruption have reached to the highest levels of (...) a state police force (Blanch, 1982) and, in the case of the Fitzgerald Inquiry (Fitzgerald, 1989), ended in a commissioner being convicted of corruption. -/- Any public official who places their own interests before those of the public have corrupted a system in which they are supposed to act as agents of the public, will undermine the good governance of a society (Lauchs, 2007). Police officers attract offers of corruption because of their ability to enforce or ignore the law. Police who are unethical or in financial stress are vulnerable to offers of illicit payments. Longstanding arrangements of corruption within a police branch can lead to a corruption network between police and criminals. Organised police corruption constitutes “social behaviour, conducted in groups within organisations, that is powerful enough to override the officer’s oath of office, personal conscience, departmental regulations and criminal laws.” (Punch, 2000) it is an even greater threat to the community because the damage done has more impact than the sum of the individual acts of corruption. This chapter will discuss the types of police corruption and focus on the organisation as the source of core police culture. -/- . (shrink)

In the fifth century before the Christian era, the Chinese philosopher Mozi, appalled at the damage caused by war in his time, asked: "What is the way of universal love and mutual benefit?" He answered his own question: "It is to regard other people's countries as one's own." The ancient Greek iconoclast Diogenes, when asked what country he came from, is said to have replied: "I am a citizen of the world." In the late 20th century John Lennon sang that (...) it isn't hard to "Imagine there's no countries . . . Imagine all the people/Sharing all the world." Until recently, such thoughts have been the dreams of idealists, devoid of practical impact on the hard realities of a world of nation states. But now we are beginning to live in a global community. Almost all the nations of the world have reached a binding agreement about their greenhouse gas emissions. The global economy has given rise to the World Trade Organisation, the World Bank and the International Monetary Fund; institutions that take on, if imperfectly, some functions of global economic governance. An international criminal court is beginning its work. Changing ideas about military intervention for humanitarian purposes shows we are in the process of developing a global community prepared to accept its responsibility to protect the citizens of states that cannot or will not protect them from massacre or genocide. In ringing declarations and resolutions, most recently at the United Nations Millennium Summit, the world's leaders have recognised that relieving the plight of the world's poorest nations is a global responsibility - although their deeds are yet to match their words. (shrink)

The paper analyses the problem of workload quotas for district court judges in relation to the standard statutory work time duration. The problem is set against the general tendency of increase in the number of cases brought before courts each year. District courts as the courts of first instance are faced with an ever growing flow of cases. With regard to civil cases, the numbers are increasing especially in the field of the law of obligations (disputes in relation to sale, (...) loan, credit, consumer credit, lease contracts, as well as contracts for the provision of services, etc.). As far as criminal cases are concerned, the numbers are increasing especially in the fields of robbery, theft, in particular car theft, disturbance of public order and other crimes. In these circumstances, it is extremely important to conduct the analysis of the activity of courts in order to obtain a picture of the current situation with regard to the workload of courts and judges. District courts deserve special attention. Uneven distribution of workload among courts and judges is often the reason for the increase of the number of cases where a final decision (judgement) is reached later than 6 months after the start of proceedings. This was pointed out in the Overview of Activities of the Lithuanian Courts and their Self-Governance Institutions (2009–2010), as well as in the report of the National Courts Administration (2010). Those documents underline the importance to analyse the workload of district court judges for the purposes of optimising work organisation, setting the number of judges, distribution of resources, evaluation of judges’ activity, etc. The said analysis is crucial in order to avoid exceeding working time quotas and excessive workload of judges. At present, the workload of district court judges is calculated in accordance with the regulation adopted by the Courts Council in 2004 (as amended in 2005) and it reflects the number of standard cases (civil, criminal cases and cases of administrative offences) as well as other types of procedural documents dealt with by a judge within a period of one month. However, there are no quotas set for judge’s workload with regard to the duration of the statutory work time. The quotas for separate procedural stages (preparation for hearings, hearings, adoption of decision (judgement), other procedural actions that a judge performs while administering justice) are inexistent. The calculation does not take into account whether those standard cases are heard by a single judge or by a panel of judges, the complexity of a particular case is neither reflected. Establishing quotas for district court judges and other court clerks (judge assistants, secretaries, etc.) should consist of legal, organisational-procedural and technical-economical activity. The Ministry of Justice of the Republic of Lithuania, the National Courts Administration, the Courts Council as well as chairmen and experienced judges of district courts should play an active part in the process of establishing quotas. A special role should be assumed by the General Assembly of Judges. (shrink)

Like most bioethical discussion, examination of human biobanks has been largely framed in terms of research subjects’ rights, principally informed consent, with some gestures toward public benefits. However, informed consent is for the competent, rights-bearing individual: focussing on the individual, it thus neglects social, economic and even political matters; focussing on the competent rights-bearer, it does not serve situations where consent is plainly inappropriate (eg, the young child) or where coercion can obviously be justified (the criminal). Using the British (...) experience of large-scale biobanking, I argue that the focus on consenting individuals distorts our ways of thinking about biobanks and has serious practical ramifications. This becomes clear if we contrast the case of adult biobanks intended for medical research with two other forms of biobanking. Thus child cohort studies – vital for sound scientific investigation of the interplay of genetics and environment in health – have been very badly funded next to adult studies. On the other hand, forensic databases have attracted massive investment, but little debate – partly owing to a sense that here, at least, is a case where consent is not relevant. Contrasting these central types of biobanking, I will suggest that there are powerful factors at work in limiting ‘ethics’ to individual rights. Projects of this size should direct our attention to more overtly political questions concerning priority setting and organisation of medical research. (shrink)

Character plays a central role in our everyday understanding and evaluation of ourselves and one another. It informs the expectations that ground our plans and projects, our moral responses to other people's behaviour and to opportunities we ourselves face, and our political decisions concerning formal education, criminal punishment, and other aspects of social organisation. These philosophical essays clarify this idea of character, analyse its relation with the findings of experimental psychology, and draw out the implications of this for education (...) and for criminal punishment. They emphasise that character is inherently dynamic, challenging the tendency among personality psychologists and virtue ethicists alike to focus on static snapshots of traits, and they emphasise the close integration of character with the individual's social context. The volume is intended to demonstrate the deep conceptual affinity of moral philosophy and social psychology and the consequent potential for each to benefit from the other. (shrink)

Human rights have occupied a variety of roles in the course of history of the European Union. They played a negligible role at the outset, overlooked by the original Treaty of Rome and, even today, the Union's formidable associations with free trade, the single market, and regulation might suggest that it cannot be primarily defined as a human rights organization. The Charter of Fundamental Rights of the European Union has at last acquired binding force, provision is made for the (...) European Union to accede to the European Convention on Human Rights (ECHR), and the Court of Justice of the European Union (CJEU) is to have greater powers of judicial review in the field of police and judicial cooperation in criminal law, an area of obvious relevance to human rights. This chapter highlights some significant developments in the Court's fundamental rights jurisprudence. (shrink)

The article aims at describing an alternative way to the Foucaldian escape of sovereignty. According to Foucault the only chance to reach this goal is to “go beyond” this concept as well as of linked concepts such as “law” and “institution”. On the one hand this vision is affected by the erroneous identification of law with the order of the sovereign, while the original private dimension of law is totally neglected. On the other hand, Foucault cannot assume that it is (...) also possible to delegitimize sovereignty with the very tools of law, namely in a trial. The article deals with the case of the «mutilated sovereignty» of the Italian State which has been acknowledged by a court in 2006. The government has been compensated for the damages suffered by the State because of the illegal activity in a region. The sovereignty has been “estimated”. But estimating something unquantifiable like sovereignty is destroying its symbolic force. (shrink)

The organization of the modern police is a contingent social choice about how to engage in the process of governance when regulating public order on the street. The police are the agency authorized to act upon the state’s duty to govern in response to public emergencies. The duty to govern exists when there is some urgent social need that could be resolved by acting, and some person or institution has the resources and ability to do that act. The duty (...) is impersonal: anybody with the relevant skill set is obligated to act to address the relevant need. Problems can arise, however, when too few individuals respond or too many compete to resolve the need. A core feature of governance, then, is to create publicly recognized institutions with special authority, resources, and abilities to address the demand for public services when someone needs to step in and do something to the exclusion of ordinary members of the public. Police agencies are further characterized by various powers and duties. These powers are normative powers to change the legal status of the people with whom the police interact, rather than physical powers to use some amount of violence to coerce individuals to comply with police demands. The core powers of the police include the powers to make authoritative determinations about how to respond to an emergency, to detain individuals, and to trespass upon their person or property, along with conjoined duties to govern, to protect, and to intervene at risk to themselves. The dominant approach attempts to distinguish the police from other institutions using the police ability to use violent to respond to public emergencies. On the governance based model of the police, however, the ability to use force is simply one of the resources available to the police, and does not mark them off as different from other public governance agencies. (shrink)

AI systems, which receive vast amounts of information including privacy information, are emerging. Protecting the privacy of the general public is an important issue for democracies. In this study, “Public space watched by AI- connected cameras” is taken as an example of an AI-system that is expected to be used for public purposes and has a relatively high privacy violation risk. It is defined as a wide public area where every point is monitored by multiple AI-connected street cameras. The following (...) four socially acceptable applications of “Public space watched by AI- connected cameras” are discussed: (1) Human/vehicle tracking, (2) Watching over children, (3) Detection of abnormal situations, (4) Criminal and terrorist behavior pattern analysis. As for privacy protection measures for AI systems, in addition to reliable protection itself, reliable recording and auditing to deter misuse and abuse is considered a prerequisite to ensure that the general public can feel secure. In this paper, the concept of “Verifiable record of AI output”, which is a verifiable and tamper-proof record and disclosure of AI output is proposed. “Verifiable record of AI output” is based on the idea that it may be more realistic to apply a simple exit control only for AI output to confirm rule conformance, rather than anonymizing huge AI inputs such as Big Data or controlling internal AI processes that are black-boxed. A concrete example of implementing “Verifiable record of AI output” in “Public space watched by AI-connected cameras” is proposed. In the “Verifiable record of AI output”, the AI system is enclosed in an outbound firewall, and only AI outputs that are confirmed to be in line with “the purpose of use approved in advance through social discussion” are allowed to be transmitted. The process from application to permission of transmission is anonymized and disclosed in a verifiable and tamper-proof manner. This public record can be verified by the general public or an auditing organization to ensure that any misuse or abuse of the AI system will be exposed. The “Verifiable record of AI output” proposed in this paper is characterized by reliable measurement and recording of AI output, and its disclosure for auditing purposes. The possibility of using this as a template to apply to other AI systems that receive Big Data input, including the privacy of the general public, is considered. (shrink)

This proposal introduces a novel decision-making framework to advance safe economic activities in cyberspace. We focus on identifying anomalies within crypto-asset trading, recognized as potential sources of criminal activity, severely undermining the credibility of such assets. Detecting and mitigating such anomalies holds significant societal implications, particularly in fostering trust within blockchain networks. We aim to bolster the “social trust” inherent to blockchain technology by facilitating informed economic activities in cyberspace. To achieve this, we propose integrating two artificial intelligence (AI) (...) systems into a blockchain-based decentralized autonomous organization (DAO). The first AI application involves amalgamating various anomaly indicators, spanning from cluster coefficient, entropy, triangular motif analysis, correlation tensor analysis, loop component by Hodge decomposition, loop causality detection, network classification using graph Laplacian, and persistent homology analysis, into a comprehensive indicator using a Boltzmann machine. The second AI application entails deploying conversational AI to guide and support traders, aiding them in making informed trading decisions. This system is designed to alert DAO members to anomalies based on the integrated indicators, especially during massive price fluctuations. We operate under the assumption of close collaboration between governments, experts, traders, system developers, and operators to effectively organize DAOs. The primary technical challenge in our proposal lies in developing a wallet assisted by an intelligent software agent capable of safe interactions with traders within a unified DAO. With this organization, we envision fostering a global economic ecosystem where physical and cyber worlds converge, allowing democratic economic participation. (shrink)

Ethical, legal and social implications (ELSIs) in forensic genetics investigations (FGIs) also involve conducting a careful assessment of the potential benefits and responsible use of genetic information. FGIs have become an invaluable tool in solving crimes and identifying individuals in various legal and investigative contexts. Moreover, forensic geneticists are called on to manage a series of controversial aspects during the daily practice of forensic investigation, including informed consent, cases of unintended genetic findings, the proband’s privacy, post-mortem sample collection, misinterpretation of (...) results, and the correct management of genetic databases. In this scenario, this article aims to discuss the main aspects of ELSIs regarding FGIs, providing an opportunity to delve into the complexities and nuances of ethical decision-making in the context of FGIs, considering that justice should be served while upholding the highest ethical standards. To date, ELSIs in FGIs involve respecting human dignity, safeguarding privacy, ensuring justice, promoting social solidarity, and carefully weighing up risks and benefits. By adhering to these principles, the forensic geneticist can advance criminal justice while upholding individual rights and privacy. In this way, the development of clear guidelines and protocols can help navigate this ethical dilemma and ensure that FGIs are conducted with integrity, transparency, and respect for individual autonomy. (shrink)

Contract cheating is a major problem in Higher Education because it is very difficult to detect using traditional plagiarism detection tools. Digital forensics techniques are already used in law to determine ownership of documents, and also in criminal cases, where it is not uncommon to hide information and images within an ordinary looking document using steganography techniques. These digital forensic techniques were used to investigate a known case of contract cheating where the contract author has notified the university and (...) the student subsequently confirmed that they had contracted the work out. Microsoft Word documents use a format known as Office Open XML Format, and as such, it is possible to review the editing process of a document. A student submission known to have been contracted out was analysed using the revision identifiers within the document, and a tool was developed to review these identifiers. Using visualisation techniques it is possible to see a pattern of editing that is inconsistent with the pattern seen in an authentic document. (shrink)

This article presents the results of the longitudinal study of Addiopizzo, a successful anti-bribery organization founded in Sicily in 2004. It analyzes how this organization has used information disclosure as a strategy to fight adverse environmental conditions and the immoral activities of the Sicilian Mafia. This article extends the business ethics and corporate social responsibility literature by showing how multi-level strategic information disclosure processes can help gain organizational legitimacy in adverse social environments and successfully fight against social resistance (...) to change, low levels of moral imagination and attacks from criminal organizations. This article provides an additional contribution to the literature by linking the three research streams on corporate transparency, the fight against corruption, and organizational legitimacy. The results of this research also contribute to the special issue of the EBEN AC 2010, “Which values for which organizations”, since it provides a unique example of an organization capable of spreading the values of social justice and honesty in a difficult social environment plagued by Mafia. (shrink)

Silence sometimes constitutes moral complicity. We see this when protestors take to the streets against racial injustice. Think of signs with the words: “Silence is complicity.” We see this in instances of sexual harassment, when we learn that many knew and said nothing. We see this in cases of wrongdoing within a company or organization, when it becomes clear that many were aware of the negligent or criminal activity and stayed silent. In cases like this we consider agents (...) morally complicit in virtue of their silence. Flagrant injustices cry out for action, and sometimes remaining silent amounts to complicity in those injustices. What philosophy owes us is an account of how it could be that silence constitutes complicity. In this paper I argue that one possibility is an account grounded in problematic deliberative contribution. The core idea of “deliberative complicity,” as I call it, is that agents have moral duties concerning the moral deliberation of other agents, and failures in these duties can amount to moral complicity. For example, an agent aware that a colleague is sexually harassing his students has a deliberative obligation to report the misconduct, and their silence in failing to report constitutes a failure to fulfill their deliberative obligation, a failure that grounds their moral complicity in the harassment. If my argument is successful, it provides a distinctive reason to prefer a deliberative account of moral complicity: it can capture cases of silent complicity that other views of moral complicity cannot. And further, by turning our attention toward our interpersonal deliberative obligations, a deliberative account of complicity can incorporate helpful resources from recent work in social epistemology and speech act theory as we set out to determine when and why silence amounts to complicity. And when it does, we cannot stay silent. We must speak. (shrink)

This writer who has warned us of the “ideological” function of both the oeuvre and the author as unquestioned forms of discursive organization has gone quite far in constituting for both these “fictitious unities” the name (with all the problems of such a designation) Michel Foucault. One text under review, La Volonté de Savoir, is the methodological introduction of a projected five-volume history of sexuality. It will apparently circle back over that material which seems to have a special fascination (...) for Foucault: the gradual emergence of medicine as an institution, the birth of political economy, demography and linguistics as “human sciences,” the invention of incarceration and confinement for the control of the “other” in society (the mad, the libertine, the criminal) and that special violence that lurks beneath the power to control discourse. (shrink)

New York based Families For Freedom is among a handful of organizations that directly organize deportees and their families. Analyzing the organization’s resignification of criminalized men of color as caregivers, I argue that current deportation policies and practices reorganize care work and kinship while tying gender and sexuality to national belonging. These policies and practices severely compromise the ability of migrant communities to socially reproduce themselves. Furthermore, the convergence of criminalization and immigration enforcement renders the kinship ties of deportable (...) men illegible, and justifies their separation from their loved ones. Since FFF publicly supports men with criminal convictions, it reveals that its members become targets of deportation precisely because they do not and cannot conform to heteronormative prescriptions. (shrink)

Suicide attack is the most virulent and horrifying form of terrorism in the world today. The mere rumor of an impending suicide attack can throw thousands of people into panic. This occurred during a Shi‘a procession in Iraq in late August 2005, causing hundreds of deaths. Although suicide attacks account for a minority of all terrorist acts, they are responsible for a majority of all terrorism-related casualties, and the rate of attacks is rising rapidly across the globe. During 2000–2004, there (...) were 472 suicide attacks in 22 countries, killing more than 7,000 and wounding tens of thousands. Most have been carried out by Islamist groups claiming religious motivation, also known as jihadis. Rand Corp. vice president and terrorism analyst Bruce Hoffman has found that 80 percent of suicide attacks since 1968 occurred after the September 11 attacks, with jihadis representing 31 of the 35 responsible groups. More suicide attacks occurred in 2004 than in any previous year, and 2005 has proven even more deadly, with attacks in Iraq alone averaging more than one per day, according to data gathered by the U.S. military. The July 2005 London and Sinai bombings, a second round of bombings at tourist destinations in Bali in October, coordinated hotel bombings in Jordan in November, the arrival of suicide bombings in Bangladesh in December, a record year of attacks in Afghanistan, and daily bombings in Iraq have spurred renewed interest in suicide terrorism, with recent analyses stressing the strategic logic, organizational structure, and rational calculation involved. Whereas they once primarily consisted of organized campaigns by militarily weak forces aiming to end the perceived occupation of their homeland, as argued by University of Chicago political scientist Robert Pape in Dying to Win: The Strategic Logic of Suicide Terrorism, suicide attacks today serve as banner actions for a thoroughly modern, global diaspora inspired by religion and claiming the role of vanguard for a massive, media-driven transnational political awakening. Living mostly in the diaspora and undeterred by the threat of retaliation against original home populations, jihadis, who are frequently middle-class, secularly well educated, but often “born-again” radical Islamists, including converts from Christianity, embrace apocalyptic visions for humanity's violent salvation. In Muslim countries and across western Europe, bright and idealistic Muslim youth, even more than the marginalized and dispossessed, internalize the jihadi story, illustrated on satellite television and the Internet with the ubiquitous images of social injustice and political repression with which much of the Muslim world's bulging immigrant and youth populations intimately identifies. From the suburbs of Paris to the jungles of Indonesia, I have interviewed culturally uprooted and politically restless youth who echo a stunningly simplified and decontextualized message of martyrdom for the sake of global jihad as life's noblest cause. They are increasingly as willing and even eager to die as they are to kill. The policy implications of this change in the motivation, organization, and calculation of suicide terrorism may be as novel as hitherto neglected. Many analysts continue to claim that jihadism caters to the destitute and depraved, the craven and criminal, or those who “hate freedom.” Politicians and pundits have asserted that jihadism is nihilistic and immoral, with no real program or humanity. Yet, jihadism is none of these things. Do we really understand the causes of today's suicide terrorism? Do suicide attacks stem mainly from a political cause, such as military occupation? Do they need a strong organization, such as Al Qaeda? What else could be done to turn the rising tide of martyrdom? (shrink)

This essay expounds on Raphael Cohen-Almagor’s recent book, Confronting the Internet’s Dark Side, Moral and Social Responsibility on the Free Highway, and advocates placing narrow limitations on hate speech posted to social media websites. The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech including violent and virtual threats. Indictment and prosecution for social media posts that transgress from opinion to inciteful hate (...) speech are appropriate in limited circumstances. This article uses various real-world examples to explore when limitations on Internet-based hate speech are appropriate. In October 2015, twenty thousand Israelis joined a civil lawsuit filed against Facebook in the Supreme Court for the State of New York. Led by the civil rights organization, Shurat HaDin, the suit alleges Facebook allows Palestinian extremists to openly recruit and train terrorists to plan violent attacks calling for the murder of Israeli Jews through their Facebook pages. The suit raises important questions, amongst them: When should the government initiate similar suits to impose criminal sanctions for targeted hate speech posted to Facebook? What constitute effective restrictions on social media that also balance society’s need for robust dialogue and free communication, subject to limitations reflecting a need for order and respect among people? Our essay progresses in four stages. First, we examine philosophical origins of free speech and the historical foundations of free speech in the United States. Second, we provide an overview of American free speech jurisprudence. Third, we address particular jurisprudence that provides a framework for imposing limitations on free speech in the context of social media. American history and jurisprudence embrace free speech as a grounding principle of democracy, yet simultaneously subject speech to limitations. Finally, through a comparative exploration of real-world examples, we address the narrow instance when limitations on inciteful and targeted hate speech are appropriate. (shrink)

Abstract:Vice is a neglected concept in business ethics. This paper attempts to bring vice back into the contemporary dialogue by exploring one vice that is destructive to employee and organization alike. Interestingly, this vice was first described by Aristotle asakolastos. Drawing extensively on the criminology literature, the findings challenge both common sense and popular images of white-collar crime and criminals. While not all instances of employee betrayal are attributable to vice, some most certainly are, and the paper offers a (...) description of those violations of trust in which vice may play a role. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 46, no. 2. © 2020 by Feminist Studies, Inc. 489 Anna Romina Guevarra and Maya Arcilla The Source of Actual Terror: The Philippine Macho-Fascist Duterte  What is JUSTICE with the violence you’ve waged  What is FREEDOM? Our people are encaged  What is JUSTICE with the violence you’ve waged?  What is FREEDOM? Our people are encaged  We have nothing to lose—nothing but our (...) chains  We have nothing to lose—nothing but our chains  Ang tao, ang bayan—ngayon ay lumalaban  Ngayon ay lumalaban—ang tao ang bayan 1  We will, we will oust you!  We will, we will oust you! —Lyrics of a chant at a Chicago protest rally, July 8, 20202 On July 8, 2020, in front of the Philippine Consulate of Chicago, a group of activists representing multiple transnational organizations committed to the pursuit of democracy, participated in a Global Day of Action against an Anti-Terrorism Law (ATL) passed in the Philippines five days earlier. This particular rally was led by fierce student and community organizers and workers who loudly proclaimed their opposition to President Rodrigo Duterte’s misogynistic and fascist measures. The epigraph 1. The people, the nation—today they fight / Today they fight—the people, the nation. 2. Song written by Charmaine Balisalisa. 490 Anna Romina Guevarra and Maya Arcilla above captures the lyrics of one young activist’s chant directed at Duterte and choreographed to the tune of Queen’s “We will Rock You.” People followed her steps and gestures rhythmically and in unison, accompanying her chant with sounds from a gangsa (gong), bells, a skateboard tapping the ground, and an empty bucket. There have been multiple protests denouncing Duterte since he assumed power in 2016, but on this particular day, the sense of outrage and urgency was especially palpable in the face of this new law aimed at suppressing dissent. This legislation marked a high point in Duterte’s efforts to exert authoritarian control, and it is significant that opposition to his regime has taken on a specifically feminist character. The Philippines Anti-Terrorism Act of 2020 (Republic Act No. 11479), signed into law on July 3, 2020, amends the Philippines Human Security Act of 2007 by expanding the government’s power and scope for defining what constitutes “terrorism.” It consolidates power through the creation of an Anti-Terrorism Council (ATC) appointed by the President and empowered to act without oversight from the judiciary or legislature. The ATC can order mass arrests without warrants and detain individuals without due process for the mere suspicion of being involved in “terrorist” activities. This Law violates the Philippine Constitution’s Bill of Rights by eliminating free speech, violating the people’s right to privacy, and criminalizing individuals on suspicion of wrongdoing. As the law stipulates, anyone involved in “creating an atmosphere and spreading a message of fear” and “provoking or influencing by intimidation the government or any of its international organizations” will be construed as inciting terrorism. Indeed, this law will continue to erode democratic governance in the country, with some labeling it a “stealth declaration of martial law.”3 As US Congressional Representative Jan Schakowsky (D-IL) noted at the press conference she convened on July 15 to publicly call for the Anti-Terrorism Law’s repeal, “this law represents a new weapon in the administration’s campaign to suppress dissent and will worsen attacks on ordinary people.” 3. Jodesz Gavilan, “‘Stealth Declaration of Martial Law’: Rights Groups Slam Duterte, Anti-Terror Law,” Rappler, July 3, 2020, https://rappler.com/nation /human-rights-groups-statements-duterte-signing-anti-terror-law. Anna Romina Guevarra and Maya Arcilla 491 “A Timeline of Terror”: From “Pride is a Protest” and #JusticeForFabelPineda to #HandsOffGabriela4 A number of prominent feminists and queer rights activists have been targeted under President Duterte in the lead up to the passing of the ATL. On June 26, twenty LGBTQ activists representing Bahaghari, an LGBTQ+ rights organization in the Philippines, were arrested at a Pride rally. These protestors, referred to as the “Pride 20,” were speaking out against the ATL and were immediately arrested.5 A few days later, fifteen-year-old Fabel Pineda from San Juan Ilocos Sur was gunned... (shrink)

The activities of Fulani nomads in Ghana have gained considerable media attention and engendered continuing public debate. In this paper, we analyze the prejudiced portrayals of the nomads in the Ghanaian news media, and how these contribute to an exclusionist and a discriminatory discourse that puts the nomads at the margins of Ghanaian society. The study employs a critical discourse analysis framework and draws on a dataset of 160 articles, including news stories, editorials and op-ed pieces. The analysis reveals that (...) the nomads are discursively constructed as undesirables through an othering process that centers on three discourses: a discourse of dangerousness/criminalization, a discourse of alienization, and a discourse of stigmatization. This anti-nomad/fulani rhetoric is evident in the choice of sensational headlines, alarmist news content, organization of arguments, and use of quotations. The paper concludes with a call for more balanced and critical news reporting on the nomads, especially since issues surrounding them border on national cohesion and security. (shrink)

There has been considerable recent debate about prostitution in Europe that reflects concerns about health, employment and human rights. Legal changes are being introduced in many countries. We focus on two examples in order to discuss the likely implications. A new law in The Netherlands is normalizing aspects of the sex industry through decriminalizing both workers and businesses. In Sweden, on the other hand, prostitution is considered to be a social problem, and a new law criminalizes the purchasers of sexual (...) services in an attempt to reduce demand. Both reforms appear to have had their desired effect at one level; in The Netherlands, health and safety regulations will be introduced as in any other job, and EU sex workers gain full social, legal and employment rights; in Sweden there was initially a tenfold decrease in the numbers of women working visibly on the streets, and some workers have left the industry. However, in both countries, the new legislation has also driven some sex work underground. Many sex workers are excluded by the Dutch system and move underground to become effectively invisible to the authorities. In Sweden sex workers and their clients also become less visible in order that the latter can avoid sanction. Social and economic changes, such as increased migration and the growing use of the Internet will also render the sex industry less visible both to state regulation and to health care workers. The major problems of prostitution for the workers remain exploitation, stigma, abuse and criminalization. These are not unique to the industry, and can only be tackled effectively by the self-organization of sex workers into unions and rights groups, along with full decriminalization. An alternative vision is promised through self-organization and anti-racist actions by sex workers in Germany; normalization and workers’ rights are tackled alongside training programmes for those seeking alternatives. Policy makers throughout Europe would do well to look at their experience and not simply at the clash of legal reforms. (shrink)

The article deals with the problem of moral justification of humanitarian intervention by modern just war theorists. At the beginning of the article, we discuss the evolution of the dominant paradigms of the moral justification of war and explain why the theory and practice of humanitarian intervention appears only at the present stage of the development of ethics and the law of war. It is noted that theorization of humanitarian intervention began in the last decades of the 20thcentury. This is (...) due to a significant transformation, a retreat in the legal and ethical studies of war from the position of radical condemnation of aggressive actions and the recognition of the political subjectivity of non-state groups. Thus, there is a rethinking of the long tradition, the Westphalian system of international relations, according to which the state was recognized as the main participant of big politics, and its sovereign right to conduct domestic policy was considered indisputable. Further, we take the works of Michael Walzer as the main source of modern conceptualization of the ethics of humanitarian interventionism, since Walzer repeatedly addressed this topic and formulated a position on this issue that is representative of the entire modern Just War Theory. The arguments of Walzer and his supporters in favor of the moral justification of humanitarian intervention are considered. Among them are the following. First, the argument about the state as an organization which goal is to protect the rights of its own citizens. If this goal is not not achieved, the state shall loose its power over these people and in this territory. Second, Walzer calls for identifying governments and armed forces involved in mass murders as criminal and, therefore, deserving of punishment. Finally, there is, perhaps the most important, demonstrative argument: an appeal to the self-evident impossibility to stand aside in cases of mass violence in any state. This is followed by a critique of these arguments, as well as a demonstration of how the modern Just War Theory can respond to these criticisms. (shrink)

A critical issue facing the criminal justice system today is how best to promote ethical behavior by public prosecutors. The legal profession has left much of a prosecutor’s day-to-day activity unregulated, in favor of a general, catch-all admonition to “seek justice.” In this article the author argues that professional norms are truly functional only if those working with a given ethical framework recognize the system’s implicit dependence on character. A code of professional conduct in which this dependence is not (...) recognized is both contentless and corrupting. Building on the ethics of Aristotle and modern philosophers Alasdair MacIntyre and Bernard Williams, the author argues that virtue theory can help bridge the gaps in prosecutorial ethics where other forms of moral reasoning fail. The author analyzes three especially difficult ethical problems frequently confronted by prosecutors in the field. He demonstrates not only that the Model Rules of Professional Conduct and the ABA Criminal Justice Standards fail to answer any of these complex questions, but also that future attempts to more closely regulate how prosecutors should act in any of these nuanced situations are unlikely to succeed. The author argues that honesty, fairness, courage, and prudence are the primary virtues that citizens have a right to expect of their public prosecutors. He then demonstrates how these four key virtues might provide important guidance to conscientious prosecutors striving to do what is right. The author concludes by offering several insights into how the field of virtue ethics might inform both the structure and organization of government law offices, and the manner in which individual prosecutors working within these offices might perceive and fulfill their professional roles. (shrink)

In Britain doctors and others concerned with the treatment of offenders in prison may consult the Butler Report (see Focus, pp 157) and specialist journals, but these sources are concerned with the system in Britain only. In America the situation is different, both in organization and in certain attitudes. Dr Peter L Sissons has therefore provided a companion article to that of Dr Paul Bowden (page 163) describing the various medical issues in prisons. The main difference between the treatment (...) of offenders in prisons in America and in Britain lies in the nature of the federal system which means that each state may operate a different system in a variety of prisons and prison medical services are as various. Nationally, the prison systems are 'structured to treat and cure the offender'. Therefore it follows that the prison medical officer is only one of the professionals concerned with this 'cure' of the offender. This principle also applies to any form of research: medical research in prisons is part of a programme which covers a wide field of social and judicial research. The prison medical officer (where there is one) has of course to look after sick prisoners, and the American idea of 'cure' is also expressed in the need for more corrective surgery where, for example, it is necessary to remove physical impediments to social rehabilitation. But a doctor is only found on the staff of those institutions which are large: in the smaller prisons there may be only first-aid facilities, and no specially appointed doctor in the community. Moreover medicines are often dispensed by medical auxiliaries who are sometimes prisoners themselves. Finally, in America prisoners are regularly invited to volunteer as subjects for medical and social research for which they are paid. In short, although it is hoped to 'cure' a prisoner he is a criminal first and a patient second. (shrink)

Law and morality : constructs and models -- The morality of cognition : the normativity of ordinary reasoning -- Law in action : a praxeological approach to law and justice -- Law in context : legal activity and the institutional context -- Procedural constraint : sequentiality, routine, and formal correctness -- Legal relevance : the production of factuality and legality -- From law in the books to law in action : egyptian criminal law between doctrine, case law, jurisprudence, and (...) practice -- The natural person : the contingent and contextual production of legal personality -- The production of causality : a praxeological grammar of the use of causal concepts -- Intention in action : the teleological orientation of the parties to criminal cases -- Morality on trial : structure and intelligibility of the court sentence -- Questions of morality : sequential, structured organization of the interrogation -- The categories of morality : homosexuality between perversion and debauchery. (shrink)

If contemporary political theory in the area of international justice is to accomplish its aim of clarifying and making coherent the meaning of justice in an international context, the question of the appropriate role and responsibility of international criminal law must be answered. International criminal law must be more than simply domestic laws that are prosecuted at the international level. However, the question of what makes an international crime such that it deserves this special classification and international condemnation (...) has not been adequately theorized. This paper examines the character of international law as expressed by two theorists, Allen Buchanan and Larry May, and reveals the deficiencies of their theories. Then, it offers the first steps to a better theory, one that demands that two thresholds be met for an action to be considered international crime: the severity threshold and the agency threshold. It argues that these two thresholds restrict the domain of international criminal law to crimes that are of significant concern to the global community by way of their threat to political organization. International crimes are the jurisdiction of the international community because they threaten the most basic physical security human rights and because they originate out of the fundamental nature of humans as social entities and maliciously distort and threaten this natural inclination. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Genome Research in an Interdependent WorldAlexander Morgan Capron (bio)This has been the year of agenda-setting conferences for the ambitious ELSI (ethical, legal and social issues) program of the Human Genome Project (HGP). But of the dozen or more major meetings of this sort held across the country, the one held at the National Institutes of Heakh (NIH) in Bethesda, MD, June 2-4, 1991, was distinctive in several respects.1As (...) its name implies, "Human Genome Research in an Interdependent World" was a global look at the issues raised by gene mapping and sequencing. Unlike previous conferences, however, this meeting looked beyond a comparative analysis of clinical and domestic legal issues, and concentrated on topics that may require responses on a truly international level if they are to be successfully resolved.The meeting's organizers gathered an impressive group of more than seventy participants from fifteen countries, including the first significant contingent of Soviet and Japanese scientists, physicians, and philosophers at an ELSI meeting. In addition to talks by the heads of the genome projects in the Soviet Union, Japan, and the United States, the meeting was keynoted by Dr. James Wyngaarden, director general of the Human Genome Organization (HUGO), and I had the honor of serving as its general chairman.The goal of the meeting was to consider an array of issues that scientists, philosophers, and lawyers from around the world suggested might have international significance, with an eye to deciding three things: (1) Does the issue deserve further attention? (2) Is the issue best addressed in an international or domestic context? and (3) Do structures exist to which the issue can be referred for resolution? In the final sessions, the entire group debated proposed resolutions on the various topics and narrowed the list needing further, intensive exploration.To provide an international framework for this process, the conference [End Page 247] established a Global Steering Committee on Ethical and Social Issues in Genome Research, which will coordinate the efforts of several task forces charged with refining the tentative resolutions adopted by the conference participants on June 4. The task forces are expected to be able to complete work on some topics by the time of the steering committee's first meeting, which was described by one participant as a "check point," probably within the coming year; on other topics, the task forces will provide interim reports and arrange to continue their analysis. Several topics—less complex or more embryonic—were referred directly to the steering committee. On all issues, a major objective will be to ascertain what existing or newly created structure or structures are capable of implementing the group's recommendations and then to monitor the issue to ensure that appropriate implementation is occurring.Issues to be Explored by Task ForcesInsurance and EmploymentWhile individuals may derive medically useful information from the expanded range of genetic tests that will flow from the HGP, they could also be harmed if test results become a basis for discrimination. An area of particular concern at the conference in Bethesda was whether genetic information should be used to decide eligibility for employment or the scope and cost of health and life insurance. The complexity of this issue is increased as barriers to worker migration fall (especially in Europe) and as more firms carry on business internationally. Furthermore, questions arise about the limits of required testing and whether individuals may decline to be informed of the results of tests.The task force will not only gather information on practices and legal standards throughout the world—especially in light of the differences among nations with regard to the linkage of employment and various forms of insurance—but will also examine international anti-discrimination laws as a possible means of supplementing domestic statutes and regulations. As a starting point, the Bethesda meeting agreed on a set of principles for the task force to refine.2ForensicsAlthough their legal status is not fully resolved, DNA tests are being used increasingly in judicial proceedings and civil and criminal investigations as a highly probative means to identify people. Most forensic uses of "DNA fingerprints" are domestic, but international cooperation among investigative bodies... (shrink)

The following Review Essay, inspired by Tracy Isaacs’ new book, Moral Responsibility in Collective Contexts, connects the philosophical literature on group agency with recent trends in international criminal law. Part I of the Essay sketches out the relevant philosophical positions, including collectivist and individualist accounts of group agency. Particular attention is paid to Kornhauser and Sager’s development of the doctrinal paradox, Philip Pettit’s deployment of the paradox towards a general argument for group rationality, and Michael Bratman’s account of shared (...) or joint intentions. Part II then analyzes, with cautious support, Isaacs’ two-level solution, which entails both individual and collective moral responsibility. Under this view, collective moral agency is a real phenomenon, though the existence of the collective neither obviates nor eliminates the moral responsibility of the individuals from which it is composed. My own evaluation of the proposed solution concentrates on Davidson’s Principle of Charity and whether behavior interpretation requires viewing such agents in particular ways so as to maximize rationality. By analogy to the distinctive rationality of long-term plans, where the rationality of an individual act can only be understood relative to its place in the rationally justified long-term plan of a single individual, I also consider the rationality of individual acts whose rationality can only be understood relative to the group endeavors of which they are a part. Finally, Part III traces some implications of the two-level solution for legal doctrine, in particular the role of collective organizations in the recent jurisprudence of the International Criminal Court. For example, I note that the ICC has recently become more and more focused on the role played by goal-oriented collectives, especially with regard to the plan or policy requirement for crimes against humanity and, in the context of modes of liability, indirect liability for crimes committed through an organization. (shrink)

The purpose of this study is to reveal the function of the concept of Infāq, which is included in the terminology of the Qurʾān itself, in social assistance and solidarity. Poverty has always been one of the social problems from past to present. Although it is analyzed differently in each society via different criteria, poverty generally refers to the condition in which a person lacks the basic necessities for a minimum living standard. Unfortunately, millions of people starve for basic biological (...) and social needs such as nutrition, shelter, education, health, and even water. This is a shame for the humanity. There are both international and national charities working to reduce the misery and poverty. However, due to socio-economic and structural problems such as globalization, disproportion in income distribution, unemployment, overpopulation, economic crises, lack of social security systems, and wars, poverty rises gradually and it is still one of the major social problems needed to be solved. Islam which is the last one of Abrahamic religions and its holy book Qurʾān consider social cooperation and solidarity pretty important within the context of Infāq and hold the believers responsible for the organization of social life. Infāq is an umbrella concept in the Qurʾān, referring to all expenses and cooperation in the name of Allah and it is one of the main qualities of believers. Infāq, which includes other forms of cooperation such as obligatoryalms (zakāt) and charity (ṣadaqā), enables a person to share his tangible values with those who have worse life conditions than himself. In this way, the Quran aims to promote human relations and thereby enhancement and peace in the society. In other words, Infāq aims to eliminate social injustice which refers to social and economic inequalities, to protect the economically weak people against the difficulties in life, and thereby, to maintain economic and social stability. Helping the needy is a powerful path toward having spiritual peace, removing selfish feelings, and keeping emotional wellbeing. People with good mental health will be able to build more humane relationships with others. It is obvious that Infāq would play an important role inbuilding a sense of fellowship and trust. A wealth of person who shares his wealth with the poor will be deemed legitimate by the needy people. Thus, the needy people would be freed from negative feelings and behaviors such as jealousy, incapacity, hatred, bullying, and hostility, and feel a sense of fellowship and gratitude towards those who have better life conditions. One of the most important reasons for robbery, extortion, purse-snatching, and etc., which are currently occurring more frequently, is economic deprivation. Considering the fact that this kind of incidents takes place more frequently in poor countries than developed ones, it is obvious that Infāq has a strategic role in fulfilling the basic needs of the needy. Poverty might be linked to violence, which might end up with murder. Infāq which is divine cooperation approach would take an important role in fighting against criminal incidents that cause fear and indignation. Moreover, the Quran does not specify any certain economic condition to be able to do Infāq, and thereby, it makes people with various economic abilities become a part of the social cooperation. As everyone would take care of people who are relatively worse off, interindividual trust will be strengthen and circle of cooperation will be expanded. According to the Qurʾān, people’s all goods and possessions actually belong to Allah. People are just the trustees of this wealth. Allah grants as much wealth as He wills to whomever He wills. While the rich is responsible for sharing their wealth with the needy, the poor is responsible for bearing the troubles caused by poverty with patience and endeavoring to make money in a halal way. Unless Infāq is done in order to please Allah, it does not have any significance in the presence of Allah. The reason why people have different material living conditions is that both the poor and the rich are subject to test. Thus, they would get rewards for hereafter besides the sustaining of social unity and solidarity. Allah is the only warrantor of the tangible and spiritual wealth gained in return for Infāq. (shrink)

Among the central meanings in Büchner's Woyzeck, there is one that comes clear only when we read the play in the context of the history of ideas—specifically in the light of certain currents of thought about human history and eschatology. Aspects of the play's expression are thereby elucidated, that are forcefully brought forward through the organization and compositional procedures of Berg's Wozzeck. Near the end of the long third scene of the opera, Wozzeck appears suddenly at Marie's window and (...) alludes cryptically to the mysterious signs that had come to him in the field the scene before, confiding to her that he is "on the track of something big." As those signs had first been presented through Wozzeck's eyes, they seemed like the imaginings and fears of a simple man about Freemasons and who knows what other objects of superstition, But now in the third scene he gives them a scriptural context, as though through a sudden insight: "Isn't it written, 'And behold, the smoke went up from the land, as the smoke from a furnace'?" What Wozzeck has recalled here is a passage in the Book of Genesis, chapter 19: "Then the Lord rained upon Sodom brimstone and fire from the Lord out of heaven. . . . and, behold, the smoke went up from the Land as the smoke from a furnace." The image is repeated in the New Testament Book of Revelation , chapter 9: "And the fifth angel sounded, and I saw a star fall from heaven unto the earth; and to him was given the key of the bottomless pit; and there arose a smoke out of the pit as the smoke of the great furnace; and the sun and the air were darkened by reason of the smoke of the pit." Both passages are about a holocaust visited by a wrathful God upon a corrupt and debauched people, and that is the idea that begins to form in Wozzeck's mind as he stands for the first time on the stage before his mistress. And he asks, "What will it all come to?" The answer to this thematic question lies in the strange unfolding of the drama, pressed forward by forces that lie, as Büchner had once put it, "Outside of ourselves"1 and by Wozzeck, who guarantees the outcome as he imagines himself becoming aware of what it must be. · 1. Letter to his family, February 1834: "I scorn no one, least of all because of his understanding or his education, for it lies in no one's power not to become a dumbbell or a criminal—because we have all become alike through like circumstances, and because the circumstances lie outside of ourselves . . ." Werner Lehmann, George Büchner: Sämtliche Werke und Briefe , 2:422. Leo Treitler, professor and chairman of the department of music at the State University of New York at Stony Brook, is the author of, among other works, "Dufay the Progressive" and "Homer and Gregory: The Transmission of Epic Poetry and Plainchant.". (shrink)

International law scholars and lawyers can rely on The Global Community Yearbook to better understand the wealth of case law now emanating from international courts and tribunals. Two new volumes each year include in-depth articles addressing topics of jurisprudence, while shorter notes explore current legal issues and provide context for the year's cases, which comprise the majority of the set. The editor, Giuliana Ziccardi Capaldo, has assembled a comprehensive look at the present and future development of the international legal order. (...) Each major international court or tribunal has its own section, which includes an introductory article on the activity of that organization over the course of the year. The activities of the court and tribunals are presented in the form of "legal maxims," that distil the most important elements of the legal decisions of the past year and that provide researchers with quick access to the relevant point of law in each case. The cases themselves are indexed within each court's section, and then again in a general index for the entire set. Contributed to by leading legal experts, The Global Community Yearbook addresses the major developments in the courts and tribunals, providing a valuable resource for anyone wishing to better understand the functions, decisions and structure of the international legal courts. International Courts and Tribunals covered include: International Court of Justice International Tribunal for the Law of the Sea WTO Dispute Settlement System International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia Court of First Instance and Court of Justice of the European Communities European Court of Human Rights Inter-American Court of Human Rights Iran-U.S. Claims Tribunal International Centre for Settlement of Investment Disputes. (shrink)