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office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As ... he should raise that concern in the political arena, not the courts, and cast his vote accordingly. The problem for Brooker, and the one that animates this Article, is that he cannot vote. Because of
could prevent hate crimes from occurring in the first place. Those measures potentially include educational initiatives, conflict resolution programs, political reforms, social services, or other ... , political reforms, social services, or other proactive efforts aimed at the root causes of hate crimes. Focusing on the public conversation around anti-Asian hate crimes, this Essay argues that very
popular and political will to pass the reforms must extend beyond the passage of the law and must also create mechanisms to scrutinize, guide, and support the judiciary’s implementation of the law. ... . Although these reforms were democratic and popular, judges were not sufficiently incentivized to properly implement the changes. If reforms are to succeed, the popular and political will to pass the reforms
Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons - THE POLITICAL ECONOMY OF ENTRAPMENT RICHARD H. MCADAMS* INTRODUCTION By the time she was eighteen, Amy ... consider and critique the literature that seeks to justify the defense based on retributive theory, utilitarian theory, and political/institutional concerns. In each case, I do not claim that there is no
, INEQUALITY 247–48 (1993); G.A. Cohen, How to do Political Philosophy, in ON THE CURRENCY OF EGALITARIAN JUSTICE, AND OTHER ESSAYS IN POLITICAL PHILOSOPHY 228–29 (Michael Otsuka ed., 2011). to be punished.162 ... grateful to participants at the Stanford Law and Philosophy workshop for feedback on an early draft of this paper. And I owe special thanks to Juliana Bidadanure, Jessica Eaglin, James Forman Jr., Aziz Huq
is (prima facie) wrongful because it puts wrongful pressure on [the target’s] freedom to do otherwise.”); Mitchell Berman, Blackmail, in THE OXFORD HANDBOOK ON THE PHILOSOPHY OF THE CRIMINAL LAW 37, 62 ... personal or social characteristics such as psychological or emotional vulnerability, economic hardship, lack of a social safety net, and experience of natural disasters or political instability.56
Northwestern University School of Law Scholarly Commons Part of the Criminal Law Commons; Criminology Commons; and the Criminology and Criminal - AFTERWORD TO "LUNATICS AND ANARCHISTS: POLITICAL HOMICIDE IN
developments suggest that American penal philosophy may be inching toward norms—dignity, proportionality, legitimacy, and rehabilitation—that have checked draconian prison terms in Europe, Canada, and beyond. In ... divergence or convergence in penal philosophy. Notwithstanding the ebb and flow of penal attitudes, certain long-term trends have emerged in Western societies. They encompass a narrowing scope of offenders
The debate between H.L.A. Hart and Lon L. Fuller occupies an important place in the philosophy of law. The debate is generally known as the debate between Hart and Fuller in the Harvard Law Review in ... . However, the debate continues until 1969 through the works of Hart and Fuller. In the tradition of legal philosophy, the debate has been read through the perspective of Hart. Today we can talk about a
the political history and founding philosophy of the Republic of Turkey is elaborated. ... implicitly in our Constitutions. In this study, the way of the principle of secularism is regulated in the 1921, 1924, 1961 and 1982 Constitutions which reflect the political history and founding philosophy of
later bureaucratic policing institutions through taxes and political influence.25 In the North, those “mercantile interests” were “commercial elites” who wanted to transfer the costs of protecting their ... equal human, economic, and political rights.39 Meanwhile, police in general, including in the North, steadily grew into pervasive control mechanisms over an “underclass” comprised “primarily of the poor
PHILOSOPHY, https://plato.stanford.edu/archives/win2016/entries/consequentialism-rule [https://perma.cc/ 9JT2-FG52] (observing that consequentialists almost never defend a purely “actconsequentialist decision ... these activities.”); Gideon Yaffe, The Voluntary Act Requirement in THE ROUTLEDGE COMPANION TO THE PHILOSOPHY OF LAW 174, 176 (Andrei Marmor ed., 2012) (“If a defendant is . . . shown to have engaged in a
states authorities’ own political, social, cultural and economic structure. Finally, the applicable law to substance of the international commercial dispute at International Commercial Arbitration ... finalization of the Conventions related with International Commercial Arbitration needed to work with several different law and legal system of States which influenced by states authorities’ own political
extension end-of-life care, has included whether a competent adult has a right, or should have a right to end their own life on their own terms. The history of aid in dying is wrought with political ideology ... , judges invoke the history and philosophy of suicide to reject aid in dying.5 It is therefore necessary to not only situate the taking of one’s own life within philosophical understandings of suicide, but
The constitutional amendments of 2017 have determined the constitutional principles governing the presidential decree which grants the executive the power to regulate in social, political and ... such as the presidential decree and their compliance with the Constitution, shall be evaluated in accordance with the constitutional principles as a whole and the new political system One of the basic
theorized ?within the context of an integrated political philosophy? and ?cannot be treated as a discrete, isolated political and moral problem.? NICOLA LACEY, STATE PUNISHMENT: POLITICAL PRINCIPLES AND ... seemingly unnecessary uses of force by police officers, have prompted deep criticisms from across the political spectrum.8 At the same time, reform has been elusive.9 Never has it been more urgent to develop
. The aim of this study is to examine the reflections of the political organization of the peoples who have to submit their own assets and sovereignty rights to another sovereignty by exploitation
’ identities, life histories, and political perspectives.” Id. 61 See id. at 93–99. For example, accounts of sympathetic gay victims note their mild effeminacy, love of musical theater, or interest in interior ... political scientist Wilfred Reilly, author of HATE CRIME HOAX: HOW THE LEFT IS SELLING A FAKE RACE WAR, that would capture, for example, “various noncriminal incidents that initially generated speculation
Liberal Political Theory and Law, 11 HYPATIA 4, 22– 23 (1996 ). 30 Id. at 23. I. THE HISTORY OF PERSONHOOD AND FETAL RIGHTS The question of life arises most frequently in legislation in cases involving ... circles of political, legal, and medical ethics reasoning. While this Comment deals primarily with the implications of approaching questions of identity and responsibility related to pregnancy from a legal
victims who do ask for help. Second, it highlights the fact that the criminal justice system is a limited tool in addressing what is a social, political, and economic problem. For this reason, a criminal
