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1.
This article tracks the development of opium use in present day Iran. Investigating how opium use is influenced by ideological
change within the country, this paper intimately attempts to understand how Iranian intellectual, religious and national movements
affected and still affect opium use. Working from an historicist approach, this paper furthermore investigates the changing
response of the state to this opiate addiction. Analyzing the Islamic Republic's response to opiate-drug use is key in understanding
how state policy decisions are influenced by and embedded within these ideological movements of a nation, and, specifically,
how the Islamic Republic’s constitutional policy of maslahat allows for flexible legal strategies to combat drug control. Such an investigation is important, not only in understanding
the etiology of Iranian policies of drug control and criminalization, but also in understanding how ideological movements
affect an individual’s choice to use illegal substances. 相似文献
2.
The objective of this article is to explore how property seized under the federal civil-judicial forfeiture laws for drug
law violations is proceeded against by the government. The methodology is primarily exploratory. A sample of federal civil-judicial
drug forfeiture cases is described and then analyzed in regard to the relative importance of the cases’ characteristics. The
findings raise serious questions about the use of this policy and the government’s intent behind forfeiture. Implications
and suggestions for future research are also presented. 相似文献
3.
Jacques de Ville 《Law and Critique》2010,21(1):17-37
In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: (1) reconsidering the way
in which Foucault’s texts, and especially the more recently published lectures, should be read; and (2) establishing the relation
between law and madness. The article firstly calls for a reading of Foucault which exceeds metaphysics with the security it
offers, by taking account of Derrida’s reading of Foucault as well as of the heterogeneity of Foucault’s texts. The article
reflects in detail on a text of Derrida on Foucault (‘Cogito and the History of Madness’) as well as a text of Foucault on
Blanchot (‘Maurice Blanchot: The Thought from Outside’). The latter text shows that Foucault was at times acutely aware of
the difficulty involved in exceeding metaphysics and that he realised the importance in this regard of a reflection on literature.
These reflections tie in closely with Foucault’s History of Madness as well as with Derrida’s reflections on literature and on madness. Both Derrida and Foucault contend that law has much to
learn from literature in understanding the relation between itself and madness. Literature more specifically points to law’s
‘origin’ in madness. The article contends that a failure to take seriously this origin, also in the reading of Foucault’s
lectures, would amount to a denial by law of itself. 相似文献
4.
Mark J. Bennett 《Law and Philosophy》2011,30(5):603-635
HLA Hart and Joseph Raz are usually interpreted as being fundamentally opposed to Lon Fuller’s argument in The Morality of
Law that the principles of the rule of law are of moral value. Hart and Raz are thought to make the ‘instrumental objection’,
which says that these principles are of no moral value because they are actually principles derived from reflection on how
to best allow the law to guide behaviour. Recently, many theorists have come to Fuller’s defence against Hart and Raz, refuting
the ‘instrumental objection’ and affirming the non-instrumental moral value of conformity to the principles of legality. This
article argues that although this moral value should be affirmed, the orthodox view is incorrect, because Hart and Raz never
understood their arguments about the instrumental or ‘purposive’ value of the principles of legality as denials of their moral
value, as a close reading of their work shows. 相似文献
5.
Markus Gunneflo 《Law and Critique》2012,23(1):67-82
The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant
amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an
attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921,
‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities
of ‘legal violence’—lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that
the Court exercises jurisdiction over these killings in the first place, the decision on the applicable law as well as the
interpretation of that law, the article finds that the targeted killing judgment collapses this distinction in a different
way from that foreseen by Benjamin. Hence, the article argues, the targeted killing judgment is best understood as a form
of administrative foundational violence. In conclusion Judith Butler’s reading of Benjamin’s notion of ‘divine violence’ is
considered, particularly his use of the commandment, ‘thou shalt not kill’, as a non-violent violence that must be waged against
the kind of legal violence of which the targeted killing judgment is exemplary. 相似文献
6.
This paper returns to the question of how to think of justice through Teubner’s recent definition of what he calls juridical justice. Juridical justice is defined as distinct from political, moral, social and theological conceptions of justice. Teubner attempts
to think of an imaginary space for a juridical justice ‘beyond the sites of natural and positive law’ and searches for a conception
of justice as the ‘law’s self-subversive principle’. This article reviews Teubner’s conception of juridical justice and further
proposes a distinction between juridical and non-juridical understandings of justice. 相似文献
7.
Constructing Women Who Experience Male Violence: Criminal Legal Discourse and Individual Experiences
Helen Baker 《Liverpool Law Review》2008,29(2):123-142
This article examines the relationship between how women who experience violence from a male partner construct themselves,
and how criminal legal discourse constructs female victims of violence. It is argued that in both arenas, women are constructed
according to norms which emanate from a discourse of conventional femininity which operates together with a practice of shame.
Utilising empirical data gained from qualitative interviews with women who experienced male violence, the article contends
that the construction of the female victim of violence in criminal legal discourses as imbued with stereotypical ‘feminine’
characteristics such as passivity and weakness, may influence these women’s own construction and understanding of themselves.
The existence of a practice of shame further consolidates the self-regulation of the women themselves to these norms of femininity.
This construction is posited to be problematic as the experiences of women of male violence rarely ‘fit’ within these explanations.
The article contends that in order to better understand women’s experiences of male violence; both criminal legal and individual
women’s discourses need to be read in terms of the power, knowledge and effects which they exert upon individual women. It
is argued that this alternative reading of these discourses has the potential for transformation as they are invested in the
subject.
相似文献
Helen BakerEmail: |
8.
Robert Eaglestone 《Law and Critique》2009,20(3):271-280
The article argues that the contentious and complex concept of ‘authenticity’, which Agamben develops from Heidegger, forms
a central continuity between Agamben’s earlier work, which focuses more on language and art, and his later work, which focuses
more on politics. Moreover, I suggest that although this concept is often unquestioned and elided in his work, it plays a
crucial role in the deep structures of his thought. Moreover, the ‘unthought concept’ of ‘authenticity’ is of concern because,
while authenticity might possibly have a role to play in the sphere of how we come to understand and relate to artworks, there
are reasons to be suspicious of this concept in the political realm if, indeed, these two ‘realms’ can be understood separately.
If these two spheres cannot be clearly separated, as seems more likely, then it is even more important to explore and question
the terms and cluster of concepts around ‘authenticity’. 相似文献
9.
Himal Trikha 《Journal of Indian Philosophy》2012,40(1):25-45
Jaina authors use a pluralistic epistemological model as a tool to claim the superiority of Jainism over the other schools
of Indian thought. In this article the general tendency of the Jaina’s epistemic pluralism is discussed and it is shown how
the Digambara Jaina Vidyānandin tries to establish the Jainas’ pluralism on rational grounds by identifying erroneous epistemic
alternatives through methodological falsification. 相似文献
10.
Anne Barron 《Law and Philosophy》2012,31(1):1-48
The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized
information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain
about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might
play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection
of individual expression by means of marketable property rights in authors’ works serves as an engine of progress towards
a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw
in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception
of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel
Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is
only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended
in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on
the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights
– and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public
domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the
possibility of a free culture. 相似文献
11.
Valerie Stoker 《Journal of Indian Philosophy》2007,35(2):169-199
This article explores the way in which Madhva (1238–1317), the founder of the Dvaita Vedānta system of Hindu thought, reformulates
the traditional exegetic practice of nirukta or “word derivation” to validate his pluralistic, hierarchical, and Vaiṣṇava reading of the Ṛgvedic hymns. Madhva’s Ṛgbhāṣya
(RB) is conspicuous for its heavy reliance on and unique deployment of this exegetical tactic to validate several key features
of his distinctive theology. These features include his belief in Viṣṇu’s unique possession of all perfect attributes (guṇaparipūrṇatva)
and His related conveyability by all Vedic words (sarvaśabdavācyatva). Such an understanding of Vedic language invokes the
basic nirukta presupposition that words are eternally affiliated with the meanings they convey. But it is also based onMadhva’s
access to a lexicon entitled Vyāsa’s Nirukti with which his critics and perhaps even his commentators seem to be unfamiliar.While
the precise status of this text is the subject of ongoing debate, Madhva’s possession of special insight into the sacred canon
is established in part by his unique claim to be an avatāra of the wind god Vāyu and a direct disciple of Viṣṇu Himself in
the form of Vyāsa1. Thus, Madhva’s use of nirukta invokes his personal charisma to challenge not only conventional understandings of the hymns
but traditional exegetic norms. Madhva’s provision of an alternative tradition of nirukta provoked sectarian debate throughout
the Vijayanagara period over the extent to which one could innovate in established practices of reading the Veda. Articulating
the Veda’s precise authority was a key feature of Brahmin debates during this period and reflects both the empire’s concern
with promoting a shared religious ideology and the competition among rival Brahman sects for imperial patronage that this
concern elicited. By looking at how two of Madhva’s most important commentators (the 14th-century Jayatīrtha and the 17th-century Rāghavendra) sought to defend his niruktis, this article will explore how notions of normative nirukta were articulated
in response to Madhva’s deviations. At the same time, however, examining Madhva’s commentators’ defense of his niruktis also
demonstrates the extent to which Madhva actually adhered to selected exegetic norms. This reveals that discomfort with Madhva’s
particular methods for deriving words stemmed, in part, from a more general ambivalence towards this exegetical tactic whose
inherent open-endedness threatened to undermine the fixity of the canon’s very substance: its language.
Vyāsa’s Nirukti is one of several ”unknown sources” cited in Madhva’s commentaries whose exact status continues to be debated.
Some scholars (e.g. Rao, Sharma, Siauve) maintain that these texts are part of a now lost Pāṅcarātra tradition that Madhva
is attempting to preserve. This may be true for many of these citations. However, in addition to claiming to be both an avatāra
of Vāyu and Viṣṇu-as-Vyāsa’s student, Madhva states in several places (e.g., VTN 42, RB 162) that the canon has suffered loss
during transmission and that only Viṣṇu can reveal it in its entirety. Thus, it is possible that Madhva intends texts like
Vyāsa’s Nirukti to be viewed as part of an ongoing and corrective revelation, a notion that is compatible with many Vaiṣṇava
traditions (Halbfass, 1991: 4). 相似文献
12.
Sophie Cacciaguidi-Fahy 《International Journal for the Semiotics of Law》2006,19(3):275-292
This article explores how the unborn moved from inhabiting an implicit mother-centric space, tacitly expressed in the Irish constitutional order, to a separate legal space created first by the Eighth Amendment and later through public discourse, judicial interpretation and failed constitutional referenda. The article opens with a brief examination of the relationship between law and space in recent scholarly works. It goes on to assess the impact of post-colonial and gender discourse in producing the first legal space in which the unborn was tacitly understood. This is followed by an exploration of how cultural and gender rhetoric gave birth to a definite legal space in which the right to life for the unborn was protected by the Constitution and the government’s subsequent attempts to solve the legal limbo by shifting the debate to the social policy space. The paper concludes by discussing the extent to which a wider, more universal space, that of human rights discourse, may have an impact on the legal space created for the unborn, by either protecting or weakening its right to life. 相似文献
13.
Policing in England and Wales has become increasingly contested since the 1960s and has been subject to unprecedented levels of public scrutiny. Stop and search powers have played a central role in this process and, though often described as an essential part of modern policing, have continued to provide a flashpoint in police–community relations. In this article the authors briefly review the history of stop and search in England and Wales, drawing particular attention to the concerns that have been raised about the use of this power in relation to minority ethnic communities. The article goes on to consider how issues of public trust and confidence have been addressed and raises questions about the effectiveness of efforts to regulate this area of activity. Finally, we suggest that regulation has become too tightly bound to ‘‘race’’ and measures of disproportionality. Instead, we argue that the current focus on ‘‘race’’ should be broadened to include other groups that may be subject to over-policing and that monitoring should be based on a system of triangulation, which combines multiple indicators and mixed methods. 相似文献
14.
A body of literature is emerging applying critical consideration to the Kyoto Protocol Clean Development Mechanism’s (‘CDM’)
achievement of policy goals regarding sustainable development, geographical distribution of projects and related matters.
This article places this literature in the context of the policymaking goals of the CDM’s Brazilian architects. The CDM arose
from the Brazilian Proposal’s Clean Development Fund, and was negotiated between Brazil and the United States in the weeks
preceding the Kyoto Conference of Parties. The CDM’s Brazilian architects continued to pursue their underlying policy goals
by taking a leadership position in the Marrakesh Accords negotiations. During this period Brazil’s primary policy objectives
comprised achieving meaningful mitigation of GHG emissions to avoid dangerous interference with the climate system, derailing
a perceived US/IPCC initiative to allocate emissions cap obligations in the Kyoto Protocol on the basis of current emissions,
and taking a leadership position both among the G-77 and China and in the multilateral climate negotiations as a whole. The
CDM arose in this context from the G-77 and China’s desire to coerce the North’s compliance with the North’s emissions cap
obligations through an alternative means of compliance. As a result, there was no focus on broad conceptions of sustainable
development, or on broad distribution of CDM projects throughout the South. Instead, the CDM’s Brazilian architects envisioned
that CDM-related sustainable development would arise exclusively from the presence of the CDM projects. Similarly, the Brazilian
Proposal advocated allocation of the Clean Development Fund on a basis proportionate to each non-Annex I countries projected
1990–2010 greenhouse gas emissions. These views persisted through the evolution of the Clean Development Fund into the CDM
and through Marrakesh Accords negotiations. This article argues that the CDM has largely met the policy goals of its Brazilian
architects and that the pursuit of different, additional, refined or more nuanced policy goals necessitates corresponding
refinements to the CDM, or any successor mechanism, specifically targeting those different, additional, refined or more nuanced
policy objectives, lending support to the emerging literature proposing changes to the CDM to pursue corresponding policy
objectives. 相似文献
15.
Ralph Henham 《Crime, Law and Social Change》2012,57(1):77-98
The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The
argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in
criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes
and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of
law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’
in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting
this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony
of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant
audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in
international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial
justice. 相似文献
16.
Preeti Nijhar 《Liverpool Law Review》2006,27(3):337-360
This article seeks to identify how, and in what ways, the debate over ethnic identity acquired saliency during the different
phases of black settlement in England, especially against the backcloth of the socio-cultural processes and the economics
of colonialism. It outlines how the ‘other’ was constituted in different discourses, policies, and practices, and how these
constructions were appropriated by the criminal justice agencies. Critically, ethnic identity as subordinate and ‘inferior’
was produced by many of the same mechanisms as was developed with regard to the indigenous ‘criminal’ class in Victorian England.
Societal reaction, through criminal and civil statutes, established the identity of the ethnic minorities of early nineteenth
century England, not just as subordinate strata, but also by a more complex process, as a variant of the newly emergent ‘criminal’
class. It is argued that, caught in the hub of empire, the ‘ayahs’, the ‘lascars’ and the domestic servants (See R. Visram,
The Ayahs, Lascars and The Princes (London: Pluto).) in England’s ports found themselves reconstructed as part of the ‘criminal’ class and subsequently subjected
to disciplinary measures of social control and surveillance. The author argues with regard to the indigenous population, conceptions
of the threat of the non-Western crystallised around the same popular images of ‘savagery’ and of moral degeneracy, a process
reinforced in imperial fiction. A desire to ‘civilise’ and improve the peculiar habits of the non-Western followed directly
from indigenous precedent. 相似文献
17.
Greg McElligott 《Critical Criminology》2008,16(2):123-144
Trends toward mass incarceration in the United States and elsewhere raise compelling questions about the social purposes of
prisons, and their role in the consolidation (and/or privatization) of the neoconservative state. This article examines two
moments of penal reform that were historically distinct, but remarkably similar in their shape and intent. Mike Harris’s Progressive
Conservatives won control of Ontario’s provincial government in 1995, and undertook a wide-ranging program of institutional
and social restructuring that was intended to transform Canada’s industrial heartland. Penal reform was central to this agenda,
but Conservative efforts here were remarkably similar to those 160 years before, when Canada built its first penitentiary.
This article compares these two moments of flux using a theoretical framework developed by James Scott. He argues that the
grand plans of ‘high modernist’ reformers, while seeking to make society more ‘legible’ and ‘rational’, tend to employ simplifications—especially
visually pleasing ones—which obscure and suppress insights that might be gained from the ‘practical knowledge’ of those closer
to the ground. They do this at their peril, for grand plans tend to fail for lack of such knowledge. The article argues that
Ontario’s experience fits neatly into these categories, except that the aim of reformers here has been to restore an old social
order, rather than to build a new one. 相似文献
18.
Johannes Alexeew Linda Bergset Kristin Meyer Juliane Petersen Lambert Schneider Charlotte Unger 《International Environmental Agreements: Politics, Law and Economics》2010,10(3):233-248
The Clean Development Mechanism (CDM) allows industrialised countries to use credits from greenhouse gas abatement projects
in developing countries in order to fulfil their own emission reduction commitments. There has been mounting evidence that
the CDM’s ability to fulfil its goals as stipulated by the Kyoto Protocol—contributing to the sustainable development of the
host countries and delivering real, measurable and additional emission reductions—is less than satisfactory. In this article,
an evaluation is made of CDM projects’ likelihood of being additional by assessing the impact Certified Emission Reductions
have on the Internal Rate of Return of the individual projects. In addition, the projects’ sustainable development benefits
are assessed by using a multi-criteria analysis. In a final step, the relationship between the projects’ additionality and
sustainability contribution is assessed and a trade-off between these two CDM goals is established, revealing a potential
inherent conflict in how the current mechanism works. The analysis is based on a systematic evaluation of 40 registered CDM
projects in India. 相似文献
19.
Wm. Reed Benedict Lin Huff-Corzine Jay Corzine 《American Journal of Criminal Justice》1998,22(2):169-187
The central question we address in this article is whether participation in court-ordered drug treatment programs reduces
future criminal involvement among convicted property offenders who have a history of drug abuse. Using a national sample of
male property offenders sentenced to felony probation, we analyze drug treatment experience on probationers’ recidivism rates
by employing proportional hazards techniques. Results indicate that how successful white men are in completing courtordered
drug treatment programs has no significant effect on their recidivism rates. However, AfricanAmerican and Hispanic men who
satisfy the expectations of their drug treatment programs are significantly less likely to be rearrested. Overall, our findings
support the contention that drug treatment reduces further criminal behavior among men on probation for felony property offenses.
Thus, we recommend that court service personnel strive to provide drug treatment programs for property offenders with a history
of drug abuse and that supervisors closely monitor probationers’ activities while in treatment to assure lower rates of recidivism.
An earlier version of this paper was presented at the annual meeting of the Midwest Sociological Society in Chicago in April
1996. 相似文献
20.
Deborah Hellman 《Criminal Law and Philosophy》2009,3(3):301-316
Willful blindness is not an appropriate substitute for knowledge in crimes that require a mens rea of knowledge because an
actor who contrives his own ignorance is only sometimes as culpable as a knowing actor. This paper begins with the assumption
that the classic willfully blind actor—the drug courier—is culpable. If so, any plausible account of willful blindness must
provide criteria that find this actor culpable. This paper then offers two limiting cases: a criminal defense lawyer defending
a client he suspects of perjury and a pain doctor who suspects his patient may be lying about her pain. The paper argues that
each of these actors is justified in cultivating ignorance about his client’s or patient’s truthfulness. If this is right,
then a good theory of willful blindness must distinguish these cases. The article argues that neither Husak & Callender’s
motivation-based account of willful blindness nor the recklessness account is able to do so. The paper proposes the following
alternative: contrived ignorance constitutes culpable blindness when the decision to remain blind or to cultivate blindness
is not itself justified. This Justification approach meshes with our intuitions about willfully blind drug couriers as well
as willfully blind lawyers and doctors. 相似文献