scholarly journals Is It Morally Legitimate to Punish the Late Stage Demented for Their Past Crimes?

2021 ◽  
Author(s):  
Oliver Hallich
Keyword(s):  
General Theory ◽  
Late Stage ◽  
Practical Importance ◽  
Penal Institutions ◽  
Theories Of Punishment

AbstractAre we justified in keeping the demented in prison for crimes they committed when they were still healthy? The answer to this question is an issue of considerable practical importance. The problem arises in cases where very aged criminals exhibit symptoms of dementia while serving their sentence. In these cases, one may wonder whether lodging these criminals in penal institutions rather than in normal caretaking facilities is justifiable. In this paper, I argue that there are justificatory reasons for punishing the demented for their past crimes. In part 2, I examine three theories of punishment—retributivism, prevention theories and expressivism—with regard to the question of whether they provide justificatory reasons for punishing the demented. I argue that only expressivism provides these reasons. In part 3, I defend the view that expressivism, though not convincing as a general theory of punishment, is plausible if applied only to a specific subclass of punitive actions. More precisely, expressivism, or so I argue, is plausible with regard to those acts of punishment that consist in intending to inflict sufferingwithoutactually inflicting suffering. Since the punishment of demented patients falls within this class, it can be justified on an expressivist basis. In part 4, I discuss six objections to my view and rebut them.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

Social Justice and the Problem of Punishment

1991 ◽  
Vol 25 (3-4) ◽  
pp. 302-331
Author(s):  
Wojciech Sadurski
Keyword(s):  
Social Justice ◽  
General Theory ◽  
Distributive Justice ◽  
General Trend ◽  
Criminal Punishment ◽  
Wealth Maximization ◽  
Important Exception ◽  
Theories Of Punishment ◽  
Economic Goods ◽  
Economic Distribution

Until very recently the dominant approach to the theory of punishment has been to discuss it in isolation from any general theory of the just distribution of benefits and burdens in a society. Almost without exception, the debate between the competing theories of punishment has run separately from the theory of distributive justice, as if the words “just” in “just punishment” and “just reward” belonged to two different species of “justice”. Perhaps the most important exception to this rule has been the position of radical utilitarians — i.e., act-utilitarians of J. J. C. Smart's genre, or wealth-maximization theorists of Richard Posner's ilk — who consciously treat the domains of economic distribution and of criminal punishment as two areas of application of one and the same set of over-arching principles. But, since neither for Smart nor for Posner is distributive justice (whether regarding economic goods, or penalties) a morally significant virtue, their theories really do not detract from the general trend that, in the literature on punishment, the conceptions of retributive and distributive justice are largely independent.

Ideal Theory and Historical Complexity

2018 ◽  
Author(s):  
Rebecca M. McLennan
Keyword(s):  
Ideal Theory ◽  
Penal Policy ◽  
State Punishment ◽  
The Social ◽  
Penal Institutions ◽  
History Of ◽  
Competing Models ◽  
Theories Of Punishment ◽  
North And South ◽  
The U.S

After summarizing Fassin’s arguments, McLennan urges attention to five related questions. The first addresses the intersection between philosophy and the social sciences, specifically how, if at all, utilitarian, Kantian, and other ideal theories of punishment might usefully inform the study of past and present penal practices. Second, McLennan asks what in American history explains the particular brutality of state punishment in the U.S.—what she calls “delegated sadism”—notwithstanding many common features between French and American penal institutions. Building on this theme, she invites Fassin to reflect more on the nonlinearity of the history of penal policy in the U.S. and the ways in which penal welfarism and the slave plantation provided competing models for punishment in both North and South. Responding to Fassin’s call for the study of “penal theology,” McLennan suggests that nineteenth- and twentieth-century Christian theologies have not only fostered certain penal practices but generated radical critiques of incarceration and its effects. Finally, turning to mass incarceration’s more recent history, McLennan calls our attention to the gendered character of penal policy, especially in light of the fact that incarceration rates for women have risen much faster than for men.

scholarly journals Organisational features in the work of a railway station complex during the launch of “Aeroexpress”

2021 ◽  
Vol 2021 (4) ◽  
pp. 515-527
Author(s):  
Oksana D. POKROVSKAYA ◽  
◽  
Artem V. SUGOROVSKY ◽  
Irina V. RYBAKOVA ◽  
Maxim A. MARCHENKO ◽  
...  
Keyword(s):  
General Theory ◽  
Economic Analysis ◽  
Practical Importance ◽  
Railway Station ◽  
Passenger Transportation ◽  
Service Activities ◽  
Practical Recommendations

Objective: To consider the change in the operation of the St. Petersburg transport hub station and the railway station when launching the Aeroexpress. Methods: Means and methods of logistics, general theory of systems, terminalistics, system and economic analysis, as well as management of operational work of railways are used. Results: Alternative options for changing the operation of the station and the station at the launch of the Aeroexpress are proposed in the conditions of the St. Petersburg transport hub station. The fi rst option involves organizing the reception and departure of Aeroexpress trains on the existing track intended for suburban traffi c. The second option assumes to specialize for the reception and departure of fast suburban electric trains in communication with Pulkovo airport the existing apron electrifi ed receiving and receiving track in a complex with an island passenger platform located nearby. When passenger fl ows change at the station complex, the number of ticket offi ces is calculated. The issues of organizing service activities for servicing Aeroexpress passengers at the station complex are considered. Based on the economic calculations carried out and based on the results of the survey of potential Aeroexpress passengers, practical recommendations were made for launching an Aeroexpress train in the conditions of the St. Petersburg transport hub. Practical importance: The results obtained can be applied in the implementation of the concept of development of the St. Petersburg transport hub, in the design of individual elements and devices of the railway hub to improve the organization of passenger transportation, as well as in determining the prospects for the development of railway complexes.

scholarly journals Epistemology of nonclassical mythology: preliminary results

2021 ◽  
pp. 32-41
Author(s):  
Andrey Vladimirovich Stavitskiy
Keyword(s):  
General Theory ◽  
Research Methodology ◽  
Practical Importance ◽  
Scientific Study ◽  
Science And Society ◽  
Preliminary Results ◽  
The Common ◽  
Further Development ◽  
Theoretical Foundations ◽  
Society Research

This article is dedicated to the problem of establishment of nonclassical mythology in the conditions of the modern epistemological crisis of myth, which is associated with stagnation in ideas and research against the background of the variety of works dedicate to folklore, anthropology, and philology. The goal of this article lies in the analysis of the factors and theoretical foundations of the formation of nonclassical mythology, as well as its practical importance for science and society. Research methodology leans on the principles and approaches of no-classical rationality that reveal the possibilities and limits of the scientific study of myth, as well as allow determining its role and meaning for science and society within the common cultural space. The scientific novelty lies in substantiation of the existence of nonclassical mythology as developed and described by the researchers. Analysis of the most interesting ideas of myth researchers indicates that nonclassical mythology was formed in the XX century, and is currently at the stage of formation of the general theory of myth. However, its further development is related to need for overcoming inertia in such spheres that view mythology in its particular manifestations, neglecting the ontology. Research of the ontology of myth will be determinative for mythology as a science, as well as allow formulating the fundamentals and problematic of the general theory of myth.

Extreme self-sacrifice beyond fusion: Moral expansiveness and the special case of allyship

2018 ◽  
Vol 41 ◽  
Author(s):  
Daniel Crimston ◽  
Matthew J. Hornsey
Keyword(s):  
General Theory ◽  
Biological Markers ◽  
Natural Environment ◽  
Relevant Dimension ◽  
Special Case

AbstractAs a general theory of extreme self-sacrifice, Whitehouse's article misses one relevant dimension: people's willingness to fight and die in support of entities not bound by biological markers or ancestral kinship (allyship). We discuss research on moral expansiveness, which highlights individuals’ capacity to self-sacrifice for targets that lie outside traditional in-group markers, including racial out-groups, animals, and the natural environment.

Practical Importance of Spatial Resolution and Analytical Sensitivity in AEM X-ray Microanalysis

1990 ◽  
Vol 48 (2) ◽  
pp. 432-433
Author(s):  
J. Zhang ◽  
D.B. Williams ◽  
J.I. Goldstein
Keyword(s):  
Spatial Resolution ◽  
Practical Importance ◽  
Beam Current ◽  
Specimen Thickness ◽  
Analytical Sensitivity ◽  
Related Factors ◽  
X Ray ◽  
Probe Size ◽  
Excitation Volume ◽  
Two Parameters

Analytical sensitivity and spatial resolution are important and closely related factors in x-ray microanalysis using the AEM. Analytical sensitivity is the ability to distinguish, for a given element under given conditions, between two concentrations that are nearly equal. The analytical sensitivity is directly related to the number of x-ray counts collected and, therefore, to the probe current, specimen thickness and counting time. The spatial resolution in AEM analysis is determined by the probe size and beam broadening in the specimen. A finer probe and a thinner specimen give a higher spatial resolution. However, the resulting lower beam current and smaller X-ray excitation volume degrade analytical sensitivity. A compromise must be made between high spatial resolution and an acceptable analytical sensitivity. In this paper, we show the necessity of evaluating these two parameters in order to determine the low temperature Fe-Ni phase diagram.A Phillips EM400T AEM with an EDAX/TN2000 EDS/MCA system and a VG HB501 FEG STEM with a LINK AN10 EDS/MCA system were used.

Contrasts of planar defects in reflection electron microscopy

1993 ◽  
Vol 51 ◽  
pp. 1004-1005
Author(s):  
Feng Tsai ◽  
J. M. Cowley
Keyword(s):  
Electron Microscopy ◽  
Surface Defects ◽  
Practical Importance ◽  
Theoretical Treatment ◽  
Crystal Surfaces ◽  
Planar Defects ◽  
Surface Steps ◽  
Surface Reconstructions ◽  
Domain Boundaries ◽  
Reflection Electron Microscopy

Reflection electron microscopy (REM) has been used to study surface defects such as surface steps, dislocations emerging on crystal surfaces, and surface reconstructions. However, only a few REM studies have been reported about the planar defects emerging on surfaces. The interaction of planar defects with surfaces may be of considerable practical importance but so far there seems to be only one relatively simple theoretical treatment of the REM contrast and very little experimental evidence to support its predications. Recently, intersections of both 90° and 180° ferroelectric domain boundaries with BaTiO3 crystal surfaces have been investigated by Tsai and Cowley with REM.The REM observations of several planar defects, such as stacking faults and domain boundaries have been continued by the present authors. All REM observations are performed on a JEM-2000FX transmission electron microscope. The sample preparations may be seen somewhere else. In REM, the incident electron beam strikes the surface of a crystal with a small glancing angle.

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