Editorial

Criminal Law and Philosophy -     

Processes of Criminalization in Domestic and International Law: Considering Sexual Violence

This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic criminal law, and briefly outlines possible explanations for this disparity.     

Victimless Conduct and the Volenti Maxim: How Consent Works

This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission. When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting person. Building on this account of how consent works, Dempsey identifies two sets of cases in which consent fails to transform the moral quality of one’s conduct: cases in which one is consent-insensitive to the rational force of another’s consent, and cases in which one acts for sadistic reasons.     

How to Argue About Prostitution

This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical method as one (amongst other) valuable ways to argue about prostitution.     

Examining a Strategy for Improving Candidate Perceptions of Test Fairness

Candidate perceptions of test fairness have significant consequences for organizations. However, little attention has been directed toward interventions that may promote favorable reactions, despite recognition that the identification of such management practices is important. The current study investigated a strategy designed to improve candidate reactions—field vetting of items. This strategy involves comprehensive test item review sessions with a variety of applied subject matter experts. The extent to which the field vetting process resulted in more favorable reactions among police officers vying for promotion was investigated using a naturally-occurring quasi-experimental design. Results showed support for the field vetting process to improve reactions to high-stakes tests.     

Colonization of diatoms in and on porcine bone substrate and considerations of diatom ecology for forensic science

The presence of diatom algae in bone marrow has been used as forensic evidence of drowning for several decades; however, these studies are based on known or suspected recent drowning events. This study addresses the potential for diatoms to enter the bone marrow of skeletal remains, that is, de-fleshed long bones post-mortem. In laboratory and field experiments, bones were either inflicted with two access points by a cut and acid pitting or left intact. The bones were submerged in water for at least 1 week and up to 3 months. Samples of the bone surface and marrow were inspected for diatoms. The analysis considered the time required for diatoms to enter marrow and whether genus characteristics like size or mobility affect entry. The presence of an access point influenced diatom entry in that bones without an introduced access point had zero to one diatom present in the marrow, whereas a bone with an access point had >150 diatoms present in the marrow. The results of both laboratory and field phases suggest that diatoms will reliably colonize bone in as quickly as 1 week, establishing and maintaining communities for at least 3 months. However, the bone surface assemblages differ from the source community. Bone marrow displayed even more restrictive access to diatom colonization, resulting in communities dominated by small raphid diatoms. Based on these findings, we suggest some caveats on the use of diatoms as trace evidence in forensic science with recommendations for future avenues of research.     

Staging incapacitation: the corporeal politics of hunger striking

This essay examines the ongoing hunger strikes at Guantánamo Bay detention camp. Through an analysis of news media compiled by journalists reporting on the timelines of the strikes, and various prisoner testimonials, I contextualize how hunger striking has been historically understood to be grounds for emancipation from, and resistance to, state violence and carceral techniques. I further present an analysis of the 1981 Irish death fast to consider how prisoners’ resistance to corporeal wholeness comes to function as a viable form of political self-expression. Focusing on both the state’s suppression of embodied protest as well as the weaponization of the prisoner’s body, I argue that although geopolitically different, in both the Guantánamo and Irish strikes, forms of corporeal incapacitation function as the mechanisms through which protest and discipline register.