Should the Law Convict Those Who Act from Conviction? Reflections on a Demands-of-Conscience Criminal Defense

How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal breach, I argue that they ought to enjoy a justification defense. Acts of civil disobedience are not (morally) wrongful violations of the law for which an actor ought not to be blamed; rather, they are violations of the law that are not (morally) wrong in virtue of their illegality. It is the absence of wrongdoing, and not merely the absence of fault, that renders the conviction and punishment of those who perform acts of civil disobedience inappropriate.     

A Structural analysis of Macbeth

SUMMARY

Kierkegaard's authorship could be summarized in the following statement: what it means to exist, that is, what it means to become a Christian. The crucial category is den enkelte, the single one, who upon becoming aware of his true self in personal communication with God, reaches the highest possible level of self-realization in interhuman communication.

However, to assume that Kierkegaard merely tried to enforce his Christian perspectives, would be to misunderstand him completely. Kierkegaard's spheres of existence offer an overview of all possible modes of existence by means of which a human being could reach self-realization. His intention was to invoke his readers to choose their own mode of existence and to accept responsibility for their choice.

This article illuminates the communicological relevance of Kierkegaard's spheres of existence by discussing both the views of life characteristic of each sphere and the forms of communication by means of which they are expressed. It is also maintained that a full understanding of the spheres of existence requires a study of Kierkegaard's concept of the self. A brief sketch of Kierkegaard's life is included to highlight his own struggle for self-realization.     

The coalition of the willing: Effect of country diversity in an environmental treaty game

It is analyzed how size differences among countries affect the benefits from climate coalitions. It is shown that size differences lead to smaller coalitions and greater benefits than coalitions among identical countries. The importance of trigger strategies for supporting cooperative solutions is considered. A real world example, based on the world’s six largest emitters, is used to illustrate the implications of size differences in terms of emissions versus valuations of benefits. Climate coalitions become smaller when ranking in terms of benefits is different from ranking in terms of emissions. Three cases of benefit valuations are considered: benefits equal (i) share in world emissions, (ii) share in world GDP, and (iii) share of world population.