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The Problem of Habitual Offender Laws in States with Felony Disenfranchisement

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

The Conundrums of Hate Crime Prevention

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

Judicial Resistance to New York's 2020 Criminal Legal Reforms

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

The Political Economy of Entrapment

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

Chinese Receptions of Western Philosophy

This paper provides an overview of some of the most significant engagements and appropriations of Western philosophy by Chinese intellectuals.  Both the process of translation of Western ... relationship between Chinese philosophy and Pragmatism, says it is like two “bosom friends within the four seas.” Liang Qichao梁启超 (1873-1929) was a student of political reformer Kang Youwei (1858-1927). Liang

Risk-Based Sentencing and the Principles of Punishment

, 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

The Challenge of Teaching Chinese Philosophy: Some Thoughts on Method

In this essay I offer an alternative perspective on how to organize class material for courses in Chinese philosophy for predominately American students. Instead of selecting topics taken from common

Reconceiving Coercion-Based Criminal Defenses

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

Teaching Ancient Greek Philosophy as a Non-Western Tradition

when looking back through traditions. This is especially the case with ancient Greek philosophy understood as the foundation of the Western philosophical tradition. Unreflective application to ancient

Afterword to Lunatics and Anarchists: Political Homicide in Chicago

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

Should Introductory Comparative ­Philosophy Courses Be Structured Around Topics or Traditions?

Should introductory courses in comparative philosophy be organized around traditions or around topics? Will students be better served by considering Indian, Chinese, African, and Native American

Zhang Shiying and Chinese Appreciation of Hegelian Philosophy

This essay discusses Zhang Shiying (张世英), Professor of Philosophy in Peking University, China, a well-known contemporary Chinese scholar's study of Hegelian philosophy. ... China in 1949 to the current day. Between 1948 and 1978, political forces in China fought to control and even suppress the study of philosophy for its own sake. The thinking was that philosophy, regarded

Mass Incarceration Paradigm Shift?: Convergence in an Age of Divergence

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

Book Review: A Guide to Asian Philosophy Classics

helpful entryway for newcomers into Asian philosophy. He has done so not by resorting to what are always doomed to be indefensible generalities about this vast and philosophically complex group of cultures ... a helpful discussion of Nagarjuna’s critique of substantial accounts of time. Li then turns to China, which forms the majority of the book. Confucian philosophy is presented through an explication

Introducing the World: Making Time for Islamic and Chinese Material alongside the Western Canon

In this essay I consider the challenges faced by non-specialists in comparative philosophy. I address several familiar objections to incorporating non-Western material into standing philosophy

Like Putting Lipstick on a Pig: Why the History of Crime Control Should Compel the Prohibition of Incentivized Witness Testimony Under Fundamental Fairness Principles

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

From Kundun to Mulan: A Political Economic Case Study of Disney and China

This case study examines the Walt Disney Company’s foray in the Chinese market from a political economic perspective. It focuses on two film-related events: 1) the Kundun incident in 1996 that ... 1998 as both a political compromise and a strategic marketing decision for Disney to regain the Chinese market. The conflicts and negotiations between Disney and China provide a telling example of the

Habit, Crime, and Culpability

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

Feng Youlan’s Interpretation of Western Philosophy:A Critical Examination from the Perspective of Metaphysical Methodology

The paper aims to display a limited observation of Feng’s interpretation of Western philosophy through the window of metaphysical methodology. This paper concentrates on Feng’s interpretation of ... philosophy from the perspective of metaphysical methodology and aims to display a limited observation of Feng's interpretation of Western philosophy through the window of metaphysical methodology. Based on a

Wang Guowei's Application of Kant

Wang Guowei (1887-1927) was a late Qing scholar who assumed a pioneer role in introducing Western philosophy and is regarded as the founder of Chinese ideas about philosophical and literary-aesthetic ... philosophy, but also represents a “showcase” of the “localness” of a cultural interpretation. This paper focuses on Kant's influence on Wang Guowei, especially Wang's use of Kant's epistemological, ethic-al