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Jury and the Defense of Insanity
by Rita J. SimonThirty years after it was first published, the issues raised in The Jury and the Defense of Insanity remain pertinent. Rita James Simon examines how motivated and competent juries are, how well jurors understand and follow judges' instructions, their understand-ing of expert testimony, and the extent to which their own backgrounds and experiences influence their decisions. Simon provides a rare opportunity to observe how jurors go about the process of deliberating and reaching a verdict by following them into the jury room and recording their deliberations. This pathbreaking study of jury room behavior provides compelling evidence of the effectiveness of our trial by jury system.The Jury and the Defense of Insanity was the product of an experimental study con-ducted as part of the University of Chicago Jury Project. Over 1,000 jurors were chosen to participate, not as volunteers, but as part of their regular jury duty, in two experimental trials, one on a charge of housebreaking, the other of incest. In each the insanity de-fense was raised. Court judges instructed the jurors to consider the recorded trials they were about to hear with all the care and seriousness they would give to a real criminal prosecution, and the taped recordings of their deliberations make it clear that they did just that. These recordings, along with responses to detailed questionnaires, yielded significant data, equally applicable to civil as to criminal cases. We learn their reactions to their fellow jurors; personal evaluations of the quality and effectiveness of delibera-tions; the degree to which religion, sex, social status, education, and like factors affect participation in and influence on the course of the deliberation; and the recounting of and reliance upon personal experience in seeking to reach a verdict, among other in-sights furnished by this study.This is an exact record not a description or recollected account of the struggle of a jury to weigh evidence and achieve a just verdict. For lawyers whose job it is to win civil and criminal cases, for behavioral scientists who study male and female reactions in their cultural environment to the circumstances that confront them, and to all who are interested in how people behave and why, in a dramatic, socially significant situation, this is a fascinating and revealing book.
Jus Cogens
by Thomas WeatherallOne of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally State-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a State-based legal order, and values common to the international community as a whole.
Jus Post Bellum and Transitional Justice
by Larry May Elizabeth EdenbergThis collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.
Just a Dog: Understanding Animal Cruelty and Ourselves
by Arnold ArlukePsychiatrists define cruelty to animals as a psychological problem or personality disorder. Legally, animal cruelty is described by a list of behaviors. In Just a Dog, Arnold Arluke argues that our current constructs of animal cruelty are decontextualized—imposed without regard to the experience of the groups committing the act. Yet those who engage in animal cruelty have their own understandings of their actions and of themselves as actors. In this fascinating book, Arluke probes those understandings and reveals the surprising complexities of our relationships with animals. Just a Dog draws from interviews with more than 250 people, including humane agents who enforce cruelty laws, college students who tell stories of childhood abuse of animals, hoarders who chronically neglect the welfare of many animals, shelter workers who cope with the ethics of euthanizing animals, and public relations experts who use incidents of animal cruelty for fundraising purposes. Through these case studies, Arluke shows how the meaning of "cruelty" reflects and helps to create identities and ideologies.
Just a Journalist: On the Press, Life, and the Spaces Between (The William E. Massey Sr. lectures in American studies ; #2015)
by Linda GreenhouseA Pulitzer Prize–winning reporter who covered the Supreme Court for The New York Times, Linda Greenhouse trains an autobiographical lens on a moment of transition in U.S. journalism. Calling herself “an accidental activist,” she raises urgent questions about the role of journalists as citizens and participants in the world around them.
Just a Number: An International Legal Analysis on Age Discrimination
by Anne-Marie Mooney CotterWhilst workers' organizations and third-party analysts around the world commonly cite age as the most prevalent form of discrimination in the workplace, age discrimination has not had the same high profile as discrimination on grounds of sex or race. This book allows readers to better understand the issue of ageism and inequality. It examines the primary role of legislation and court process in combating age discrimination at both national and international levels. Including the role of NAFTA and the EU in this respect, it also provides a detailed examination of the relationship between age issues and the law, and will be an important resource for those involved in age discrimination and elder rights.
Just Algorithms: Using Science to Reduce Incarceration and Inform a Jurisprudence of Risk
by Christopher SloboginStatistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.
Just American Wars: Ethical Dilemmas in U.S. Military History (War, Conflict and Ethics)
by Eric PattersonThis book examines the moral choices faced by U.S. political and military leaders in deciding when and how to employ force, from the American Revolution to the present day. Specifically, the book looks at discrete ethical dilemmas in various American conflicts from a just war perspective. For example, was the casus belli of the American Revolution just, and more specifically, was the Continental Congress a "legitimate" political authority? Was it just for Truman to drop the atomic bomb on Japan? How much of a role did the egos of Kennedy, Johnson and Nixon play in prolonging the Vietnam War? Often there are trade-offs that civilian and military leaders must take into account, such as General Scott’s 1847 decision to bombard the city of Veracruz in order to quickly move his troops off the malarial Mexican coast. The book also considers the moral significance and policy practicalities of different motives and courses of action. The case studies provided highlight the nuances and even limits of just war principles, such as just cause, right intention, legitimate authority, last resort, likelihood of success, discrimination, and proportionality, and principles for ending war such as order, justice, and conciliation. This book will be of interest for students of just war theory, ethics, philosophy, American history and military history more generally.
Just and Unjust Interventions in World Politics: Public And Private (Global Issues)
by Catherine LuTaking insights and controversies from feminist political theory, Lu looks to illuminate alternative images of 'sovereignty as privacy' and 'sovereignty as responsibility', and to identify new challenges arising from the increased agency of private global civil society, and their relationship with the world of states.
Just and Unjust Military Intervention
by Stefano Recchia Jennifer M. WelshClassical arguments about the legitimate use of force have profoundly shaped the norms and institutions of contemporary international society. But what specific lessons can we learn from the classical European philosophers and jurists when thinking about humanitarian intervention, preventive self-defense or international trusteeship today? The contributors to this volume take seriously the admonition of contextualist scholars not to uproot classical thinkers' arguments from their social, political and intellectual environment. Nevertheless, this collection demonstrates that contemporary students, scholars and policymakers can still learn a great deal from the questions raised by classical European thinkers, the problems they highlighted, and even the problematic character of some of the solutions they offered. The aim of this volume is to open up current assumptions about military intervention, and to explore the possibility of reconceptualizing and reappraising contemporary approaches.
Just and Unjust Wars: A Moral Argument with Historical Illustrations, 4th Ed.
by Michael WalzerFrom the Athenian attack on Melos to the My Lai Massacre, from the wars in the Balkans through the first war in Iraq, Michael Walzer examines the moral issues surrounding military theory, war crimes, and the spoils of war. He studies a variety of conflicts over the course of history, as well as the testimony of those who have been most directly involved--participants, decision makers, and victims. In his introduction to this new edition, Walzer specifically addresses the moral issues surrounding the war in and occupation of Iraq, reminding us once again that "the argument about war and justice is still a political and moral necessity. "
Just and Unjust Wars: A Moral Argument With Historical Illustrations, 3rd Ed.
by Michael WalzerThis classic work examines the issues surrounding military theory, war crimes, and the spoils of war from the Athenian attack on Melos to the My Lai massacre. A revised and updated classic treatment of the morality of war written by one of our country's leading philosophers. Just and Unjust Wars examines a variety of conflicts in order to understand exactly why, according to Walzer, "the argument about war and justice is still a political and moral necessity." Walzer's classic work draws on historical illustrations that range all the way from the Athenian attack on Melos to this morning's headlines, and uses the testimony of participants-decision makers and victims alike-to examine the moral issues of warfare.
Just Babies: The Origins of Good and Evil
by Paul Bloom<P>A leading cognitive scientist argues that a deep sense of good and evil is bred in the bone. From John Locke to Sigmund Freud, philosophers and psychologists have long believed that we begin life as blank moral slates. Many of us take for granted that babies are born selfish and that it is the role of society--and especially parents--to transform them from little sociopaths into civilized beings. <P>In Just Babies, Paul Bloom argues that humans are in fact hardwired with a sense of morality. Drawing on groundbreaking research at Yale, Bloom demonstrates that, even before they can speak or walk, babies judge the goodness and badness of others' actions; feel empathy and compassion; act to soothe those in distress; and have a rudimentary sense of justice. <P>Still, this innate morality is limited, sometimes tragically. We are naturally hostile to strangers, prone to parochialism and bigotry. Bringing together insights from psychology, behavioral economics, evolutionary biology, and philosophy, Bloom explores how we have come to surpass these limitations. <P> Along the way, he examines the morality of chimpanzees, violent psychopaths, religious extremists, and Ivy League professors, and explores our often puzzling moral feelings about sex, politics, religion, and race. In his analysis of the morality of children and adults, Bloom rejects the fashionable view that our moral decisions are driven mainly by gut feelings and unconscious biases. <P>Just as reason has driven our great scientific discoveries, he argues, it is reason and deliberation that makes possible our moral discoveries, such as the wrongness of slavery. Ultimately, it is through our imagination, our compassion, and our uniquely human capacity for rational thought that we can transcend the primitive sense of morality we were born with, becoming more than just babies. <P>Paul Bloom has a gift for bringing abstract ideas to life, moving seamlessly from Darwin, Herodotus, and Adam Smith to The Princess Bride, Hannibal Lecter, and Louis C.K. Vivid, witty, and intellectually probing, Just Babies offers a radical new perspective on our moral lives. <P><b>A New York Times Bestseller</b>
Just Business: Christian Ethics for the Marketplace
by Alexander Hill"An ethical man is a Christian holding four aces." So said Mark Twain. But practicing Christians, at least, want to be ethical in all areas of life and work--not just when they are holding four aces. To those faced with the many questions and quandaries of doing business with integrity, Alexander Hill offers a place to begin. Alexander Hill carefully explores the foundational Christian concepts of holiness, justice and love. These keys to God's character, he argues, are also the keys to Christian business ethics. Hill then shows how some common responses to business ethics fall short of a fully Christian response. Finally, he turns to penetrating case studies on such pressing topics as employer-employee relations, discrimination and affirmative action, and environmental damage. This is an excellent introduction to business ethics for students and a bracing refresher for men and women already in the marketplace.
Just Business: Multinational Corporations and Human Rights (Norton Global Ethics Series)
by John Gerard Ruggie"A true master class in the art of making the impossible possible." --Paul Polman One of the most vexing human rights issues of our time has been how to protect the rights of individuals and communities worldwide in an age of globalization and multinational business. Indeed, from Indonesian sweatshops to oil-based violence in Nigeria, the challenges of regulating harmful corporate practices in some of the world's most difficult regions long seemed insurmountable. Human rights groups and businesses were locked in a stalemate, unable to find common ground. In 2005, the United Nations appointed John Gerard Ruggie to the modest task of clarifying the main issues. Six years later, he had accomplished much more than that. Ruggie had developed his now-famous "Guiding Principles on Business and Human Rights," which provided a road map for ensuring responsible global corporate practices. The principles were unanimously endorsed by the UN and embraced and implemented by other international bodies, businesses, governments, workers' organizations, and human rights groups, keying a revolution in corporate social responsibility. Just Business tells the powerful story of how these landmark "Ruggie Rules" came to exist. Ruggie demonstrates how, to solve a seemingly unsolvable problem, he had to abandon many widespread and long-held understandings about the relationships between businesses, governments, rights, and law, and develop fresh ways of viewing the issues. He also takes us through the journey of assembling the right type of team, of witnessing the severity of the problem firsthand, and of pressing through the many obstacles such a daunting endeavor faced. Just Business is an illuminating inside look at one of the most important human rights developments of recent times. It is also an invaluable book for anyone wanting to learn how to navigate the tricky processes of global problem-solving and consensus-building and how to tackle big issues with ambition, pragmatism, perseverance, and creativity.
Just Culture and the Criminalisation of Air Accidents
by Simon DanielsJust Culture and the Criminalisation of Air Accidents equips the reader with the tools to understand the meaning of criminalisation in the civil aviation industry. It enables them to resolve problems that arise in risk management within the context of their professional employment.By examining the priorities of pilots, air traffic controllers and prosecutors, this book analyses the anatomy of criminalisation in civil aviation and works towards constructing solutions that protect the professionals’ human rights and the Just Culture concept within the framework of criminal law and practice. It covers the duty of an air traffic controller to take the standard of care to guard against acts or omissions which might cause loss and give rise to a claim in negligence. The book illustrates the critical features discussed with numerous case studies from States and jurisdictions around the world.The book will benefit airline operators, pilots, air traffic controllers or managers, and aviation business managers.
The Just Culture Principles in Aviation Law: Towards a Safety-Oriented Approach (Legal Studies in International, European and Comparative Criminal Law #3)
by Francesca PellegrinoThis book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.
A Just Determination (JAG in Space #1)
by Jack CampbellIn the first book of his JAG in Space series, New York Times bestselling author Jack Campbell combines lived experience with spaceborne adventure in a U.S. Navy courtroom drama about honor, duty, and the sins that follow humanity even to the stars…When Ensign Paul Sinclair comes aboard the USS Michaelson for his very first tour, he’s surprised to be named ship’s legal officer. Four weeks of training isn’t much to help him advise on legal issues involving a crew of 200. But serving on a spacegoing warship requires he learn fast, even surrounded by strangers and juggling expectations from an absentee superior, daunting commanders, and a reckless captain.When the Michaelson comes into catastrophic contact with another vessel, Paul must answer his captain on what the law permits in the dark of space, even if it leads to trouble. But when a court-martial convenes shortly afterward, only he can decide if justice demands he risk his career, too…
Just Doctoring: Medical Ethics in the Liberal State
by Troyen A. BrennanThis title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.
Just Energy Transitions and Coal Bed Methane: The case of Indonesia (Energy, Climate and the Environment)
by Theresia Betty SumarnoThis book discusses how Coal Bed Methane (CBM) could help the acceleration of the energy transition in a ‘just’ way in Indonesia, due to the country's potential CBM reserves (and current dependence on climate damaging coal). Developing countries face multiple challenges in achieving their energy transitions. CBM in Indonesia could potentially be a catalyst for energy transition and subsequently improve access to energy. However, CBM faces numerous challenges and although Indonesia first developed its domestic CBM sector over more than a decade ago, they are still to implement this successfully. This book exposes the challenges and opportunities of CBM, exploring what lessons other countries could learn from Indonesia to improve the industry with a view to achieving energy transition and climate change targets. This book will be an invaluable reference for researchers and practitioners working in this field.
Just Fodder: The Ethics of Feeding Animals
by Josh MilburnAnimal lovers who feed meat to other animals are faced with a paradox: perhaps fewer animals would be harmed if they stopped feeding the ones they love. Animal diets do not raise problems merely for individuals. To address environmental crises, health threats, and harm to animals, we must change our food systems and practices. And in these systems, animals, too, are eaters.Moving beyond what humans should eat and whether to count animals as food, Just Fodder answers ethical and political questions arising from thinking about animals as eaters. Josh Milburn begins with practical dilemmas about feeding the animals closest to us, our pets or animal companions. The questions grow more complicated as he considers relationships with more distance – questions about whether and how to feed garden birds, farmland animals who would eat our crops, and wild animals. Milburn evaluates the nature and circumstances of our relationships with animals to generate a novel theory of animal rights.Looking past arguments about what we can and cannot do to other beings, Just Fodder asks what we can, should, and must do for them, laying out a fuller range of our ethical obligations to other animals.
Just Giving: Why Philanthropy Is Failing Democracy and How It Can Do Better
by Rob ReichThe troubling ethics and politics of philanthropyIs philanthropy, by its very nature, a threat to today’s democracy? Though we may laud wealthy individuals who give away their money for society’s benefit, Just Giving shows how such generosity not only isn’t the unassailable good we think it to be but might also undermine democratic values and set back aspirations of justice. Big philanthropy is often an exercise of power, the conversion of private assets into public influence. And it is a form of power that is largely unaccountable, often perpetual, and lavishly tax-advantaged. The affluent—and their foundations—reap vast benefits even as they influence policy without accountability. And small philanthropy, or ordinary charitable giving, can be problematic as well. Charity, it turns out, does surprisingly little to provide for those in need and sometimes worsens inequality.These outcomes are shaped by the policies that define and structure philanthropy. When, how much, and to whom people give is influenced by laws governing everything from the creation of foundations and nonprofits to generous tax exemptions for donations of money and property. Rob Reich asks: What attitude and what policies should democracies have concerning individuals who give money away for public purposes? Philanthropy currently fails democracy in many ways, but Reich argues that it can be redeemed. Differentiating between individual philanthropy and private foundations, the aims of mass giving should be the decentralization of power in the production of public goods, such as the arts, education, and science. For foundations, the goal should be what Reich terms “discovery,” or long-time-horizon innovations that enhance democratic experimentalism. Philanthropy, when properly structured, can play a crucial role in supporting a strong liberal democracy.Just Giving investigates the ethical and political dimensions of philanthropy and considers how giving might better support democratic values and promote justice.
Just Good Business: The Strategic Guide to Aligning Corporate Responsibility and Brand
by Kellie McelhaneyEvery major company has a corporate strategy based on business objectives and competencies of the firm. Most major companies claim to have a corporate social responsibility strategy, most of which are not linked to business objectives of the firm.
Just Harvest: The Story of How Black Farmers Won the Largest Civil Rights Case against the U.S. Government
by Greg FrancisWhen a class-action lawsuit against the US government results in a billion dollar settlement for the aggrieved parties, you&’d expect the story to be headline news . . .to be posted on social media everywhere . . . to be adapted to film or even to a popular legal procedural series on TV . . .So why then have so many people never heard of Pigford vs. Glickman? Or the follow-up lawsuit, Pigford II? Or the Black Farmers Case, as the pair of these legal actions is often called? Could it be that the heart-wrenching story of Black farmers in America, and the monumental legal case that brought long-sought justice to them, is rarely told because it reflects so poorly on the US and its treatment of those whose ancestors helped make the nation an agricultural giant in the first place? Whatever the reason, the time to tell the full story has come and the person to share the gripping details is Greg Francis, one of the lead counsels in the historic case that finally helped Black farmers achieve equity. In Just Harvest, Francis narrates the dramatic twists and turns of the legal battle fought and won, and evidences the many years of ingrained discrimination and racism that preceded it. Awareness of this story makes us all witnesses to the history still unfolding— and while parts of what is recounted herein will enrage you, the hope is that this book will also inspire, inform, and motivate you to join the continuing fight for the rights of all Black farmers now and in the future.