Responsibility without Resentment

2018 ◽  
pp. 220-252
Author(s):  
Vincent Chiao
Keyword(s):  
Political Philosophy ◽  
Criminal Law ◽  
Public Investment ◽  
Public Institutions ◽  
Reactive Attitudes ◽  
Democratic Equality ◽  
Defensive Harm ◽  
Special Concern ◽  
Rights And Interests ◽  
Taking Responsibility

Why has responsibility been so central to normative theorizing about the criminal law, even as its significance in other areas of political philosophy is diminished? This chapter considers several arguments. First, responsibility is of special concern for the criminal law because reactive attitudes such as blame and punishment are indispensable to our sense of ourselves as responsible agents. Second, when we are faced with actual criminal wrongdoing, we are called upon to respond with blame and punishment, no matter how much we are invested in other means of dealing with crime: the criminal law is inherently retributive and retrospective. Finally, responsibility means people can be liable to harm in ways that are inconsistent with democratic equality. This chapter is devoted to showing why none of these arguments is compelling. Taking responsibility seriously does not require any particular level of public investment in punishment, nor does it imply any particular level of public investment in retrospective punishment as against prospective prevention. Moreover, while people can in certain circumstances render themselves liable to defensive harm through their wrongful acts, this does not entail that public institutions are entitled to discount the rights and interests of the guilty relative to those of the innocent. In short, skepticism about punishment need not rest upon skepticism about responsibility.

Pertanggungjawaban Pidana Terhadap Kerusakan Lingkungan Akibat Pengolahan Material Oleh PT Tukad Mas Kota Bima

SASI ◽  
2021 ◽  
Vol 27 (3) ◽  
pp. 267
Author(s):  
Hajairin Hajairin ◽  
Gufran Sanusi ◽  
Aman Ma’arij
Keyword(s):  
Material Processing ◽  
Environmental Pollution ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Civil Law ◽  
Health Impact ◽  
City Government ◽  
Environmental Damage ◽  
Special Concern

Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.

Criminal Law as Public Law I

2018 ◽  
pp. 1-34
Author(s):  
Vincent Chiao
Keyword(s):  
Twentieth Century ◽  
Criminal Law ◽  
Political Legitimacy ◽  
Public Law ◽  
Normative Theory ◽  
Public Institutions ◽  
Criminal Process ◽  
Social Commitment ◽  
Crime And Punishment ◽  
Eighteenth And Nineteenth Centuries

This chapter sketches the gradual emergence of criminal law as public law over the course of the eighteenth and nineteenth centuries, as public institutions gradually asserted control over most aspects of the criminal process. The emergence of criminal law as public law is compared to the development of the welfare state in the early decades of the twentieth century. Public institutions collectively manage the risk of crime, in part by mobilizing practices of policing, prosecution, and punishment. They represent a social commitment to treating crime as a publicly shared burden rather than merely a privately borne tragedy. The emergence of criminal law as public law suggests that, rather than understanding crime and punishment by reference to the rights of individual persons in the state of nature, a normative theory of criminal law should be appropriately sensitive to the institutional morality and political legitimacy of public institutions.

The Fight Against Corruption

2020 ◽  
pp. 167-186
Author(s):  
Ranieri Razzante
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Social Economic ◽  
Legal Aspect ◽  
International Community ◽  
Public Institutions ◽  
Public And Private ◽  
Abuse Of Power ◽  
The Public

Corruption, generally speaking, can be defined as “abuse of power for private gain” that can be classified as grand, petty, and political, depending on the amounts of money lost and the sector where it occurs. Therefore, it is a phenomenon that compromises rule of law, weakens public institutions and democracy, impacting negatively on productivity and economy. Indeed, because of all these implications, it can be analyzed stressing social, economic, politic, or legal perspectives. These features have allowed experts from different fields to investigate the phenomenon, which does not exclusively concern conduct punishable by criminal law, but also conduct that can be considered just an “expression of maladministration” in both the public and private sectors. This chapter seeks to address the legal aspect of corruption. In particular, it overviews the main anti-corruption measures international community has adopted in recent years. By showing the evolution and steps that led to the actual treaty situation, the Authors offer a hint on the goals achieved and those to be achieved.

12. Offences under the Theft Acts 1968 and 1978: Theft and related offences

2021 ◽  
pp. 518-565
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
The Law ◽  
Rights And Interests

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses offences under the Theft Acts of 1968 and 1978. Theft and related offences are concerned with interferences with the rights and interests others have in property. The chapter covers each element of the offence of theft, robbery, and offences involving temporary deprivation. It discusses the meaning of ‘dishonesty’, including the Supreme Court’s decision in Ivey v Genting Casinos UK Ltd (2018), which held that the two-part Ghosh test for dishonesty no longer applies. The feature on ‘The law in context’ analyses critically the criminalisation of ‘freeganism’.

Sources and the Legitimate Authority of International Law

2018 ◽  
Author(s):  
José Luis Martí
Keyword(s):  
Political Philosophy ◽  
International Law ◽  
International Institutions ◽  
Current System ◽  
Democratic Legitimacy ◽  
Legitimate Authority ◽  
Basic Principles ◽  
Democratic Equality ◽  
International Laws ◽  
The Right

This chapter considers that political philosophers in recent years are paying growing attention to the legitimacy of international law and international institutions and are asking who has the right to rule and adequate standing to create international laws, and how. It attempts to contribute to this debate in normative political philosophy through the more specific lens of democratic legitimacy. After presenting certain conceptual clarifications, the chapter identifies three basic principles of democratic legitimacy: the principle of ultimate popular control, the principle of democratic equality, and the principle of deliberative contestability, which can be instantiated in six more concrete requirements. The chapter continues by exploring the limitations of two influential views on the democratic legitimacy of international law. Finally, the chapter concludes by expressing some scepticism about the degree to which the current system of sources of international law is democratically legitimate.

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

scholarly journals Criminal protection of children's life and health: international experience

2021 ◽  
Vol 39 (71) ◽  
pp. 350-365
Author(s):  
Viktoria Babanina ◽  
Vita Ivashchenko ◽  
Oleg Grudzur ◽  
Yurikov Oleksandr
Keyword(s):  
Criminal Law ◽  
Fetal Development ◽  
Criminal Liability ◽  
International Experience ◽  
Legal Systems ◽  
European Experience ◽  
The World ◽  
Rights And Interests ◽  
Criminal Protection ◽  
The Right

Through a documentary methodology, the article examines the characteristics of the criminal protection of the life and health of children in Ukraine and some other countries. The problem of determining the time of the beginning of the protection of a child's life and health, is analyzed in the light of the European experience. It is noted that in Ukraine it is necessary to recognize the right to live of the child at any stage of fetal development, to ensure the criminal protection of the child before birth. This approach is enshrined in several international legal acts, as well as confirmed by legal guarantees in the legal systems of many countries around the world. In addition, the article analyzes criminal law measures to guarantee the rights and interests of the child under modern Ukrainian law. The list of socially dangerous acts against minors is a result, so reinforced criminal liability is provided for considering the interests of minors. It has been concluded that in all post-Soviet countries the components of crimes against a person's health, considering the legislator's reaction to causing harm to the health of children during their commission, are clearly divided into three separate groups.

Gandhi's Political Ethics

Worldview ◽  
1969 ◽  
Vol 12 (12) ◽  
pp. 10-11
Author(s):  
Paul F. Power
Keyword(s):  
Political Philosophy ◽  
New England ◽  
Henry David Thoreau ◽  
Civil Disobedience ◽  
The State ◽  
Public Institutions ◽  
Leo Tolstoy ◽  
Unique Contribution ◽  
Political Ethics ◽  
Mexican War

The centenary this year of Gandhi's birth provides an occasionJ to reassess the significance of the Indian leader. His political ethics and supporting notions about man and the state seem to me especially important in his teachings and practices. They have their weaknesses, but they should not be overlooked in any effort to reassess the complex and at times baffling Mahatma. Because Ganhdi's ideas about government and politics have been likened to those of Henry David Thoreau and Leo Tolstoy, his unique contribution has often been obscured. Gandhi borrowed Thoreau's term “civil disobedience” which the New England individualist had coined to explain his kind of opposition to the Mexican war and slavery. Yet there is a considerable gap between Gandhi's metaphysics and Thoreau's. As to Tolstoy, Gandhi's premises resemble some of the convictions of the Russian writer after he became a Christian anarchist. But the Indian leader placed more trust in the perfectability of public institutions than Tolstoy did. Without denying the utility of the frequent and inevitable comparisons, Gandhi's synthetic political philosophy is best seen by itself.

Competence, Attributability, and Blame

2019 ◽  
pp. 142-164
Author(s):  
Jeanette Kennett
Keyword(s):  
Criminal Law ◽  
Moral Life ◽  
Reactive Attitudes ◽  
Ethical Significance ◽  
The Way

This chapter takes up the question of whether psychopaths can legitimately be held morally accountable, and the resolution of these issues developed is subtle. First it argues that psychopaths are not accountable for their actions in the sense required for moral blameworthiness. Second, it argues that psychopaths’ actions are not attributable to them in the way that would make them fitting targets of the criminal law. The assertion that attributability is not a face of responsibility is explored and justified. The chapter, while respecting Watson and authors who have followed him in the enquiry into the crucially important attributability ‘face’ of responsibility, also offers a somewhat revisionary account of the ethical significance of attributability and the role of the reactive attitudes in social and moral life.

New Fault Lines? On Responsibility and Disasters

2014 ◽  
Vol 5 (2) ◽  
pp. 137-145 ◽  
Author(s):  
Kristian Cedervall Lauta
Keyword(s):  
Political Philosophy ◽  
Criminal Law ◽  
Theoretical Framework ◽  
Disaster Research ◽  
Legal Process ◽  
The World ◽  
Fault Lines ◽  
Central Claim

This article investigates the L'Aquila decision. It aims to present a theoretical framework from contemporary disaster research and political philosophy to better understand why blame and responsibility has come to play such a prominent role in the aftermath of disasters. Furthermore, it presents a number of examples from criminal law around the world to provide context to the decision. The central claim in tthis piece is that the decision is not an extraordinary, isolated decision on responsibility following disasters; rather the decision is emblematic to an on-going development of disaster responsibility. Thus, after disaster follows a legal process aimed at identifying, and if necessary, penalizing the mistakes leading to the horrifying outcome. In that way disasters are increasingly like any other event in society with major negative implications; it is evaluated and if appropriate adjudicated.

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