The Metric of Punishment Severity

Author(s):  
Douglas Husak

The principle of proportionality, a cornerstone of retributive penal philosophy, requires (ceteris paribus) the severity of the punishments imposed to be a function of the seriousness of the crimes committed. This principle cannot be applied without a metric or common denominator to assess whether two impositions of punishment are equal or unequal in severity. To identify such a metric, we must first decide whether it is wholly objective or at least partly subjective, involving an essential reference to the psychological response of whoever is punished. Even when this issue is resolved, no single measure of punishment severity may exist. Instead, all we might be able to say is that a given instance of punishment is more severe along one dimension and less severe along another, with no clear means to specify which is more or less severe, all things considered. This conclusion has potentially grave implications for the adequacy of a retributive theory of punishment that takes desert and proportionality as central. No solution is readily available without a substantial retreat from ideal theory. Perhaps the best way forward is to adopt a deflationary role for proportionality and desert rather than to abandon them altogether.

Author(s):  
Gerd Winter Winter

A eco-proporcionalidade é proposta como uma possibilidade de estruturar o balanceamento de interesses de exploração e proteção da natureza, restringindo, assim, a discricionariedade embutida em conceitos como direitos da natureza, contrato natural, sustentabilidade e análise custo-benefício. Eco-proporcionalidade é uma analogia ao já firmado princípio da proporcionalidade, aqui chamado de sócio-proporcionalidade. Ambos os princípios têm um denominador comum na medida em que realizam uma checagem de poder – poder do Estado sobre a sociedade e da sociedade sobre a natureza, respectivamente. Assim como a sócio-proporcionalidade, a eco-proporcionalidade requer quatro testes, nomeadamente um objetivo justificável de ação, adequação, necessidade e sopesamento de meios. O artigo procura mostrar que a eco-proporcionalidade já se mostra presente tanto como uma norma social quanto como uma norma jurídica. Há razão para sugerir que ela deveria entrar em mais esferas da prática social e da ordem jurídica, ao mesmo tempo tomando uma forma mais diferenciada e ambiciosa.  AbstractEco-proportionality is proposed as a possibility of how to structure the balancing of interests of exploitation and protection of nature, thus fettering the discretion built into concepts like nature rights, the contrat naturel, sustainability and cost-benefit analysis. Eco-proportionality is an analogy to the well-established public law principle of proportionality, here called socio-proportionality. Both principles have a common denominator in that they make a check on power, power of the state over society and of society over nature, respectively. Like in socio-proportionality, ecoproportionality requires four tests, namely a justifiable objective of action and the effectiveness, necessity and weighing of means. It has been shown that the principle is already present both as a social and legal norm. There is reason to suggest that it should enter into more spheres of societal practice and legal order, at the same time taking a more differentiated and ambitious shape. KeywordsEnvironmental Law. Principles of Environmental Protection. Eco-proportionality. Socio-proportionality. Self-regulation. Transnational Law.


Author(s):  
Elrnar Zeitler

Considering any finite three-dimensional object, a “projection” is here defined as a two-dimensional representation of the object's mass per unit area on a plane normal to a given projection axis, here taken as they-axis. Since the object can be seen as being built from parallel, thin slices, the relation between object structure and its projection can be reduced by one dimension. It is assumed that an electron microscope equipped with a tilting stage records the projectionWhere the object has a spatial density distribution p(r,ϕ) within a limiting radius taken to be unity, and the stage is tilted by an angle 9 with respect to the x-axis of the recording plane.


Author(s):  
B. D. Athey ◽  
A. L. Stout ◽  
M. F. Smith ◽  
J. P. Langmore

Although there is general agreement that Inactive chromosome fibers consist of helically packed nucleosomes, the pattern of packing is still undetermined. Only one of the proposed models, the crossed-linker model, predicts a variable diameter dependent on the length of DNA between nucleosomes. Measurements of the fiber diameter of negatively-stained and frozen- hydrated- chromatin from Thyone sperm (87bp linker) and Necturus erythrocytes (48bp linker) have been previously reported from this laboratory. We now introduce a more reliable method of measuring the diameters of electron images of fibrous objects. The procedure uses a modified version of the computer program TOTAL, which takes a two-dimensional projection of the fiber density (represented by the micrograph itself) and projects it down the fiber axis onto one dimension. We illustrate this method using high contrast, in-focus STEM images of TMV and chromatin from Thyone and Necturus. The measured diameters are in quantitative agreement with the expected values for the crossed-linker model for chromatin structure


2020 ◽  
Vol 228 (1) ◽  
pp. 1-2
Author(s):  
Michael Bošnjak ◽  
Nadine Wedderhoff

Abstract. This editorial gives a brief introduction to the six articles included in the fourth “Hotspots in Psychology” of the Zeitschrift für Psychologie. The format is devoted to systematic reviews and meta-analyses in research-active fields that have generated a considerable number of primary studies. The common denominator is the research synthesis nature of the included articles, and not a specific psychological topic or theme that all articles have to address. Moreover, methodological advances in research synthesis methods relevant for any subfield of psychology are being addressed. Comprehensive supplemental material to the articles can be found in PsychArchives ( https://www.psycharchives.org ).


Quadrature ◽  
2010 ◽  
pp. 45-48
Author(s):  
Jean-Philippe Uzan
Keyword(s):  

2007 ◽  
Vol 46 (01) ◽  
pp. 38-42 ◽  
Author(s):  
V. Schulz ◽  
I. Nickel ◽  
A. Nömayr ◽  
A. H. Vija ◽  
C. Hocke ◽  
...  

SummaryThe aim of this study was to determine the clinical relevance of compensating SPECT data for patient specific attenuation by the use of CT data simultaneously acquired with SPECT/CT when analyzing the skeletal uptake of polyphosphonates (DPD). Furthermore, the influence of misregistration between SPECT and CT data on uptake ratios was investigated. Methods: Thirty-six data sets from bone SPECTs performed on a hybrid SPECT/CT system were retrospectively analyzed. Using regions of interest (ROIs), raw counts were determined in the fifth lumbar vertebral body, its facet joints, both anterior iliacal spinae, and of the whole transversal slice. ROI measurements were performed in uncorrected (NAC) and attenuation-corrected (AC) images. Furthermore, the ROI measurements were also performed in AC scans in which SPECT and CT images had been misaligned by 1 cm in one dimension beforehand (ACX, ACY, ACZ). Results: After AC, DPD uptake ratios differed significantly from the NAC values in all regions studied ranging from 32% for the left facet joint to 39% for the vertebral body. AC using misaligned pairs of patient data sets led to a significant change of whole-slice uptake ratios whose differences ranged from 3,5 to 25%. For ACX, the average left-to-right ratio of the facet joints was by 8% and for the superior iliacal spines by 31% lower than the values determined for the matched images (p <0.05). Conclusions: AC significantly affects DPD uptake ratios. Furthermore, misalignment between SPECT and CT may introduce significant errors in quantification, potentially also affecting leftto- right ratios. Therefore, at clinical evaluation of attenuation- corrected scans special attention should be given to possible misalignments between SPECT and CT.


2012 ◽  
Vol 31 (11) ◽  
pp. 844-849
Author(s):  
B. Akmaz ◽  
W. Janetzky ◽  
B. A. Kuchinke

ZusammenfassungDie Kosten extrapyramidaler Erkrankungen, z. B. des idiopathischen Parkinson-Syndroms (IPS), nehmen in Deutschland ständig zu und haben 2008 bei mehr als 2,3 Milliarden Euro gelegen. Dies entspricht im Vergleich zu 2006 einem Anstieg von 10,84%. Wegen des progredienten Charakters von Morbus Parkinson werden im Rahmen dieses Beitrags drei Fragen gestellt und analysiert: wie hoch die jähr-lichen Kosten für IPS-Patienten sind, ob einzelne Schweregrade der Erkrankung zu unterschiedlichen Kosten führen und ob eine frühzeitige Diagnose und Therapie ceteris paribus nicht nur einen Nutzen für den Patienten darstellt, sondern gleichzeitig auch Kosteneinsparpotenziale realisiert werden. Auf Basis von Studien sowie eigener Berechnungen wird gezeigt, dass die Kosten pro Jahr und Patient bis zu 18 680 Euro (H&Y IV und V) betragen und erheblich vom Schweregrad der Erkrankung abhängen. Darauf aufbauend wird diskutiert, ob durch eine frühzeitige medikamentöse Therapie und eine Verlangsamung des Verlaufs der Erkrankung ein erhebliches Kostensenkungspotenzial besteht.


Author(s):  
David Estlund

Throughout the history of political philosophy and politics, there has been continual debate about the roles of idealism versus realism. For contemporary political philosophy, this debate manifests in notions of ideal theory versus nonideal theory. Nonideal thinkers shift their focus from theorizing about full social justice, asking instead which feasible institutional and political changes would make a society more just. Ideal thinkers, on the other hand, question whether full justice is a standard that any society is likely ever to satisfy. And, if social justice is unrealistic, are attempts to understand it without value or importance, and merely utopian? This book argues against thinking that justice must be realistic, or that understanding justice is only valuable if it can be realized. The book does not offer a particular theory of justice, nor does it assert that justice is indeed unrealizable—only that it could be, and this possibility upsets common ways of proceeding in political thought. The book's author engages critically with important strands in traditional and contemporary political philosophy that assume a sound theory of justice has the overriding, defining task of contributing practical guidance toward greater social justice. Along the way, it counters several tempting perspectives, including the view that inquiry in political philosophy could have significant value only as a guide to practical political action, and that understanding true justice would necessarily have practical value, at least as an ideal arrangement to be approximated. Demonstrating that unrealistic standards of justice can be both sound and valuable to understand, the book stands as a trenchant defense of ideal theory in political philosophy.


2020 ◽  
Vol 26 (1) ◽  
pp. 157-162
Author(s):  
Paul Tudorache ◽  
Lucian Ispas

AbstractUsing the lessons learned from recent military operations such as Operation Inherent Resolve (OIR) from Syria and Iraq, we proposed to investigate the need for tactical military units to adapt operationally to grapple with the most common requirements specific to current operational environments, but also for those that can be foreseen in the future. In this regard, by identifying the best practices in the field that can be met at the level of some important armies, such as USA and UK, we will try to determine a common denominator of most important principles whose application may facilitate both operational and organizational adaptation necessary for tactical military units to perform missions and tasks in the most unknown future operational environments.


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