Ethics Morality And The Presumption Of Innocence
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Ethics Morality And The Presumption Of Innocence
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Author : Robert John Rupert
language : en
Publisher:
Release Date : 1996
Ethics Morality And The Presumption Of Innocence written by Robert John Rupert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with categories.
On Guilt And Innocence
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Author : Herbert Morris
language : en
Publisher: Univ of California Press
Release Date : 1976
On Guilt And Innocence written by Herbert Morris and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Law categories.
The Good Intention Prior
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Author : Sydney Levine
language : en
Publisher:
Release Date : 2015
The Good Intention Prior written by Sydney Levine and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Ethics categories.
Philosophers and psychologists have long been interested in deontic judgments of cases of double effect -- morally charged scenarios in which one action has two effects and only one of those effects is intended (eg: Foot, 1967; Greene, Sommerville, Nystrom, Darley & Cohen, 2001). Cases of double effect have been critical test-cases for the study of moral judgment, giving us insight into how our moral faculty functions. The Moral Grammar Hypothesis is one attempt to describe the cognitive mechanisms that underwrite our moral competence (Mikhail 2007, 2011). The Moral Grammar Hypothesis suggests that deontic judgments are the output of a modular system that runs a series of computations over highly structured, informationally rich mental representations. For this theory to be viable, a major question looms large: how do these structured, rich mental representations get formed from the impoverished stimuli available in the environment? For example, determining the intentional structure of the moral agent's mental state is critical to the Moral Grammar Hypothesis. Yet, mental state information is entirely absent from the kinds of stimuli that have been used to gather evidence in support of the theory, which are typically trolley-like cases of double effect. In fact, what has gone largely unnoticed in research on double effect scenarios is that two possible intention structures are equally compatible with the causal structure of the case. To solve this poverty-of-the-stimulus problem, we propose that subjects deploy a good intention prior, namely, if the action of an agent has two effects - one good and one bad - the agent intends the good effects of her action and does not intend the bad effects. We report two studies (one with adults, one with preschoolers aged three to five years old) that provide evidence for the use of this prior to disambiguate between intention structures in double-effect scenarios.
Presumption Of Innocence In Peril
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Author : Anthony Gray
language : en
Publisher:
Release Date : 2017
Presumption Of Innocence In Peril written by Anthony Gray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This book considers how legislatures have undermined the presumption of innocence and how courts have largely accepted it. It argues criminal law needs to return to notions of moral comfort as the basis for determining whether a person is guilty, and only impose criminal sanctions when there is sufficient, moral blame.
Presumption Of Innocence In Peril
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Author : Anthony Gray
language : en
Publisher: Lexington Books
Release Date : 2017-11-08
Presumption Of Innocence In Peril written by Anthony Gray and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-08 with Political Science categories.
This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Innocence And Experience
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Author : Stuart Hampshire
language : en
Publisher:
Release Date : 1989
Innocence And Experience written by Stuart Hampshire and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Ethics categories.
Human beings have lived by very different conceptions of the good life. In this book, Stuart Hampshire argues that no individual and no modern society can avoid conflicts between incompatible moral interests. Philosophers have tried in the past to find some underlying moral idea of justice which could resolve these conflicts and would be valid for any society. Hampshire claims that there can be no such thing. States can be held together, and war between them avoided, only by respect for the political process itself, and it is in these terms that justice must be defined. The book closely examines the critical relationship between morality and justice, paying particular attention to Hume's moral subjectivism (which Hampshire disputes) and proposing a reply to Machiavelli's claim that the realities of politics inevitably oblige leaders to choose between unavoidable evils. Most academic and moral philosophy, Hampshire argues, has been a fairy tale, representing ideals of private innocence rather than the realities of public experience. Conflicts between incompatible moral interests are as unavoidable in social and international arenas as they are in the lives of individuals. Philosophers, politicians, and theologians have all looked for an underlying moral consensus that will be valid for any just society. But the diversity of the human species and important differences in how various cultures define the good life militate against the formation of any such consensus. Ultimately, conflicts can be mediated only by respect for procedural justice. Hampshire believes that themes of moral philosophy come from the writer's own experience, and he has given a brief but compelling account of his own life to help the reader understand the sources of his philosophy. Combining intellectual rigor with imaginative power, in Innocence and Experience Stuart Hampshire vividly illuminates the tensions between justice and other sources of value in society and in the life of the individual.
The Ends Of Harm
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Author : Victor Tadros
language : en
Publisher: Oxford University Press on Demand
Release Date : 2011-09-15
The Ends Of Harm written by Victor Tadros and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-15 with Law categories.
How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.
Surveillance And Democracy
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Author : Kevin D. Haggerty
language : en
Publisher: Routledge
Release Date : 2010-07-12
Surveillance And Democracy written by Kevin D. Haggerty and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-12 with Law categories.
This collection represents the first sustained attempt to grapple with the complex and often paradoxical relationships between surveillance and democracy. Is surveillance a barrier to democratic processes, or might it be a necessary component of democracy? How has the legacy of post 9/11 surveillance developments shaped democratic processes? As surveillance measures are increasingly justified in terms of national security, is there the prospect that a shadow "security state" will emerge? How might new surveillance measures alter the conceptions of citizens and citizenship which are at the heart of democracy? How might new communication and surveillance systems extend (or limit) the prospects for meaningful public activism? Surveillance has become central to human organizational and epistemological endeavours and is a cornerstone of governmental practices in assorted institutional realms. This social transformation towards expanded, intensified and integrated surveillance has produced many consequences. It has also given rise to an increased anxiety about the implications of surveillance for democratic processes; thus raising a series of questions – about what surveillance means, and might mean, for civil liberties, political processes, public discourse, state coercion and public consent – that the leading surveillance scholars gathered here address.
Speech Matters
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Author : Seana Valentine Shiffrin
language : en
Publisher: Princeton University Press
Release Date : 2016-11-08
Speech Matters written by Seana Valentine Shiffrin and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-08 with Philosophy categories.
To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception. Drawing on legal as well as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects. Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers.
The Ethics Of Plea Bargaining
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Author : Richard L. Lippke
language : en
Publisher:
Release Date : 2011
The Ethics Of Plea Bargaining written by Richard L. Lippke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
The practice of plea bargaining plays a hugely significant role in the adjudication of criminal charges and has provoked intense debate about its legitimacy. This book offers the first full-length philosophical analysis of the ethics of plea bargaining. It develops a sustained argument for restrained forms of the practice and against the free-wheeling versions that predominate in the United States. In countries that have endorsed plea bargains, such as the United States, upwards of ninety percent of criminal defendants plead guilty rather than go to trial. Yet trials, which grant a presumption of innocence to defendants and place a substantial burden of proof on the state to establish guilt, are widely regarded as the most appropriate mechanisms for fairly and accurately assigning criminal sanctions. How is it that many countries have abandoned the formal rules and rigorous standards of public trials in favor of informal and veiled negotiations between state officials and criminal defendants concerning the punishment to which the latter will be subjected? More importantly, how persuasive are the myriad justifications that have been provided for plea bargaining? These are the questions addressed in this book. Examining the legal processes by which individuals are moved through the criminal justice system, the fairness of those processes, and the ways in which they reproduce social inequality, this book offers an ethical argument for restrained forms of plea bargaining. It also provides a comparison between the different plea bargaining regimes that exist within the US, where it is well-established, England and Wales, where the practice is coming under considerable critique, and the European Union, where debate continues on whether it coheres with inquisitorial legal regimes. It suggests that rewards for admitting guilt are distinguished from penalties for exercising the right to trial, and argues for modest, fixed sentence reductions for defendants who admit their guilt. These suggestions for reform include discouraging the current practice of deliberate over-charging by prosecutors and charge bargaining, and require judges to scrutinize more closely the evidence against those accused of crimes before any guilty pleas are entered by them. Arguing that the negotiation of charges and sentences should remain the exception, not the rule, it nevertheless puts forward a normative defense for the reform and retention of the plea bargaining system.