Retribution as Revenge and Retribution as Just Deserts

Public attitudes towards law-breakers shape the tone and tenor of crime-control policy, and the desire for retribution seems to be the main motivation underpinning punitive attitudes towards sentencing. Yet, there is some confusion in the research literature over what retribution really means. In this paper we distinguish between retribution as revenge (as the desire to punish criminal offenders to retaliate a past wrong by making the offender suffer) and retribution as just deserts (as the preference to restore justice through proportional compensation from the offender). Results from an online survey (n = 176) provide evidence of two distinct dimensions of retribution. But we also show that these two dimensions have different ideological and motivational antecedents, and have different consequences in terms of the treatment of criminal offender. We find that retribution as revenge is associated with the motivation to enforce status boundaries with criminal offenders, as well as ideological preferences for power and dominance (as expressed by social dominance orientation) and in-group conformity (as expressed by right-wing authoritarianism). Endorsement of retribution as revenge also predicts the support of harsh punishment and the willingness to deny fair procedures. By contrast, retribution as just deserts is mainly predicted by a value restoration motive and by right-wing authoritarianism. After controlling for revenge, retribution as just deserts predicts support for procedural justice in the criminal courts. We conclude with the idea that beliefs about proportionality and compensation work as a buffer against the negative effects of revenge.     

Physicians as gatekeepers: illness certification as a rationing device

Illness or disability is often used as an eligibility criterion by public programs that distribute money, services, privileges, and exemptions. Physicians then play a central role in the allocation process. But physicians are caught between a large pool of applicants who want some benefit, on the one hand, and an organization with limited resources to distribute, on the other hand. Three conflicts are engendered in this gatekeeping role: the tension between trusting and mistrusting information provided by the patient, the tension between erring on the false positive side and the false negative side in diagnostic decision-making, and the tension between doing everything possible for each patient and allocating limited resources among several needy clients. Several non-medical factors influence the ultimate outcome of this allocation process, which, in theory, rests on clinical decision-making: the specificity and restrictiveness of the formal definitions of illness and disability used by a program; the structure of the determination process; the overall policy of the organization on distribution of benefits; and the ability of the organization to use administrative review, direct incentives, and written standards to control the certifying behavior of physicians.     

Let''s Make the DNA Identification Database as Inclusive as Possible

The more comprehensive our DNA database, the more useful it is for identifying perpetrators and lifting suspicion from innocents. By excluding persons never arrested, our database will come to hold DNA profiles of nearly seventy-five percent of adult males and ninety percent of black males. Privacy is threatened not by the database but by government retention of tissue samples after analysis of the tiny fraction of DNA that yields the uniquely identifying profile. Public safety and privacy would best be protected by routinely destroying samples while deliberately constructing a comprehensive database.     

冰清玉洁平静雪

我很喜欢雪，但却长久地不知道自己为什么会喜欢雪。终于有一天，突然悟出，我之喜欢雪并不是因为我是道地的北方人，从小习惯了雪的气息，血液和神经里有雪的深刻记忆，而是因为雪有玉般的纯洁，有冰样的清透，而且从来到去自始至终都是平静 的。想想看，当你行走在这尘俗之     

Law as Co-ordination

Abstract. The concept of co-ordination problems helps solve the problem of authority and obligation in legal theory, but only if the concept is carefully distinguished from the game-theoretical concept of co-ordination problems and their solutions. After explaining the game-theoretical concept, the author defends its application to legal theory by reviewing the exchange he has had with Joseph Raz about the authority of law. Extending that debate, he argues that criticisms from Raz and others miss the point of the co-ordination thesis; its primary benefit is that it illuminates the source of law's moral authority in the way law enables individuals to co-ordinate their actions for the common good without imposing a national common enterprise upon them.     

Law as tradition

This essay argues that to understand much that is most central to and characteristic of the nature and behaviour of law, one needs to supplement the time-free conceptual staples of modern jurosprudence with an understanding of the nature and behaviour of traditions in social life. The article is concerned with three elements of such an understanding. First, it suggests that traditionality is to be found in almost all legal systems, not as a peripheral but as a central feature of them. Second, it questions the post-Enlightenment antinomy between tradition and change. Third, it argues that in at least two important senses of tradition, the traditionality of law is inescapable.This article is part of a project on law and tradition, research for which has been aided by a grant from the Australian Research Grants Committee. It was written while I was a visitor at the Cente for the Study of Law and Society, University of California, Berkeley, and revised while I visited the Centre for Criminology and the Social and Philosophical Study of Law, University of Edinburgh. I am grateful to the members of both centres for generously providing me with extremely congenial and stimulating conditions for work. Versions of the paper were presented to seminars at these centres, to the 12st World Congress on Philosophy of Law and Social Philosophy, held in Athens in August, 1985, and to seminars at the universities of Warsaw, Lodz and Glasgow. I am grateful to participants in these seminars, especially Nel MacCormick, Philip Selznick, Wojciech Lamentowicz, Daniel Sinclair and Jerzy Szacki, and to Edward Shils for useful discussions and criticism.     

Justice as Fittingness

Law and Philosophy -     

Solidarity as boomerang

In the Netherlands, the prostitutes' rights movement emerged with the formation of an influential coalition of feminists and policy-makers who devoted themselves to an improvement in the juridical and social position of prostitutes. By seeking to connect into the priorities of the government's emancipation policy, this coalition succeeded in placing the issue of prostitutes' rights onto the political agenda. This paper addresses the question why this policy has failed to strengthen the position of prostitutes. By analyzing both the factors which enabled the initial prosperous development of the prostitutes' rights campaign as well as the conditions under which the turning-point arose, it is concluded that everything went smoothly as long as professional prostitutes monopolized image-formation. The process failed at the moment that policy-makers incorporated multi-problematic categories of prostitutes. In place of the intended social integration of all categories, the prostitutes' rights campaign led to a strengthening of the stigma that is attached to prostitution.     

Judges as legislators

Among the regulatory measures intended to control the transboundary movement of hazardous waste is the European Community Regulation concerning the Supervision and Control of Shipments of Waste within, into and out of the European Community, 1993, and it is this Regulation, in particular, that this work intends to treat. In this context, the European Parliament's attempts to counteract the weight of economic argument in favour of the conflicting interests of human health and the environment will be examined. Despite international and European Community regulation, it is submitted that double standards in law and practice are continually applied to the transboundary movement of hazardous waste. Emphasis will be placed on both the international and European dilemma of defining hazardous waste.