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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

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

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

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

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

Siyaset ile Ahlak Arasındaki Gerilimi Yumuşatma Çabası Olarak ‘Kirli Eller’ Kavramı

within the framework of politics-ethics relationship which is one of the most discussed issues of political philosophy. For this purpose, first, deontological and teleological ethics theories will be ... : Clarendon Press. Walzer , Michael ( 1973 ), “Political Action: The Problem of Dirty Hands” , Philosophy and Public Affairs , 2 ( 2 ): 160 - 180 . Weber , Max ( 2006 ), Meslek Olarak Siyaset (Çeviri: Afşar

Higher Capacity with Limited Competence, Regional Development Agencies in Unitary States: The Case of The Emilia-Romagna

determinant of the regional development policies as generally accepted. If RDAs efficiently integrate political, cultural, social and economic particularities of the region into its administrative structures ... population of about 4.5 million. RER is a “third Italy”2 region known by its high social capital, participative political culture and small and medium size enterprises (SMEs) dominated economy (Putnam et al

Çevresel Sürdürülebilirliğin Değerlendirilmesi: Dinamik Mekânsal Panel Veri Yaklaşımı

attention to green-environment-friendly technologies, lack of political regulation/enforcement cause environmental pollution that is limited in certain regions to global dimensions, causing disturbances in ... , Chichester: John Wiley and Sons Ltd (3rd Edition). Barduchi , C. , F. P. S. Falguera , S. C. De Oliveira Gobbo and E. B. Mariano ( 2020 ), “Economic, Political and Technological Aspects of Development and Eco

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

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

Jean-Jacques Rousseau’nun Doğal Hukuk Anlayışı Üzerine Antropolojik Bir Değerlendirme

throughout the history of humanity under the concept of natural law or natural rights. Jean-Jacques Rousseau, who is one of the leading names of political thought history, has criticized the enlightenment ... . J. Shapiro ( 2004 ), Handbook of Jurisprudence and Legal Philosophy Oxford: Oxford University Press]. Black , A. ( 2001 ), The History of Islamic Political Thought: From the Prophet to the Present

Shakespeare’in Kral John İsimli Oyunu ve Magna Carta’yı Yeni Tarihselcilik Işığında Anlamak

Being one of the history plays of William Shakespeare, The Life and Death of King John tells the life and important political matters of King John (1166-1216). In this play, Shakespeare basically ... political issues of King John to Queen Elizabeth I. Political matters such as the threat of invasion by a foreign country, divine right of kings; papal excommunication and legitimacy discussions constitute

Küreselleşme Sürecinde Ekonomik Büyümenin İşsizlik Türleri Üzerindeki Etkisi

, economic, and political aspects, so the problem becomes multidimensional. In this study, the effect of economic growth on the types of unemployment is examined in the scope of Okun's Law and Jobless Growth

Rousseau ve Popülizm

society closely, we could see that any type populism is a version of moral corruption from the standpoint of Rousseau’s political theory. Key Words: Rousseau, Populism, General Will, Common Good. Kaynaklar ... Bertram , Christopher ( 2020 ), “Jean Jacques Rousseau”, The Stanford Encyclopedia of Philosophy , in (ed.) Edward N. Zal - ta, https://plato.stanford.edu/archives/sum2020/entries/rousseau/ Erişim tarihi

Death with Dignity for the Seemingly Undignified: Denial of Aid in Dying in Prison

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

Bilim Felsefesinde Belirlenimcilik Tartışmaları: Eleştirel Gerçekçi Bir Giriş

It is found that there have been dualities in the history of science since the Ancient Greek. One of the most important dualities is determinismfree will debate. As any other debate in the philosophy ... Bhaskar’s critical realism perspective is still the most significant challenge to deal with the dualities. Critical realism asserts the realist philosophy of science in the social science while avoiding

Could wavefunctions simultaneously represent knowledge and reality?

terms in physical theories The notions of epistemic and ontic have wide application in philosophy. For example, an epistemic interpretation of probability takes it to be a matter of belief, information ... ( 1957 ). https://doi.org/10.1103/ RevModPhys.29.454 9. Friederich , S. : Interpreting quantum theory: a therapeutic approach, 1st edition . New Directions in the Philosophy of Science , pp. 55 . Palgrave