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Gary Watson 《Criminal Law and Philosophy》2016,10(3):395-409
Standard treatments of responsibility have been preoccupied with issues of blame and punishment, and concerns about free will. In contrast, Raz is concerned with problems about responsibility that arise from the “puzzle of moral luck,” puzzles that lead to misguided skepticism about negligence. We are responsible not only for conduct that is successfully guided by what we take to be our reasons for action, but also for misexercises of our rational capacities that escape our rational control. To deny this is to lose sight of the ways “moral luck” is an inescapable feature of our agential engagement in the world. The present essay attempts to set out Raz’s argument as sympathetically as possible. Raz’s shift of focus is a powerful counter to current tendencies and points us in new and promising directions. Nonetheless, as it stands, it may just relocate skepticism about negligence to a different place. 相似文献
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The formation of Hong Kong citizenship was under tensions and struggles after the change of sovereignty in 1997. In spite of the limited political and social rights, many incidents showed that the promised civil rights were declining. More importantly, subject to the intensified transborder population mobility of Chinese citizens, there were public discourses addressing that the social rights of Hong Kong citizens were threatened. Protests in response to the intensified transborder population mobility were found, with the rightist public discourses advocating to conserve the essences of Hong Kong citizenship. Being the neoliberal exception of China, Hong Kong is positioned to contribute for China by its market economy, as well as the relatively well-established socio-economic institution. However, as this article argues, in spite of the logic of exception, i.e. the zoning technology that the state deploys, the intensified transborder population mobility and economic activities between the neoliberal exception and the sovereign state can lead to the struggles and contentions concerning the citizenship of the former. 相似文献
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Purpose. Post‐conviction DNA exonerations demonstrate a failure of alibis to protect innocent suspects. We contend one reason alibis are not believed is because evaluators underestimate how difficult it is for an innocent person to generate a convincing alibi. We hypothesized that asking evaluators to first generate an alibi of their own would lead evaluators to consider a suspect's alibi as more believable. Methods. Participants (N= 147) were randomly assigned to either evaluate a suspect's alibi before generating their own alibi (evaluate‐first) or generate their own alibi before evaluating the suspect's alibi (generate‐first). Participants provided alibis from either 3 days previous or 30 days previous. In Experiment 2, participants (N= 255) were randomly assigned to either generate‐first, evaluate‐first, or read‐experience (in which they read about alibi‐generation difficulty) conditions. Half the participants were primed to think empathetically with Interpersonal Reactivity Index (IRI) subscales, and half were not. All participants evaluated the believability of the suspect's alibi as well as their own alibis. Results. Across both experiments, participants who generated their own alibi first rated the suspect's alibi as more believable. This alibi‐generation effect overshadowed alibi latency in Experiment 1 and the empathy manipulation in Experiment 2. Conclusions. Alibi‐generation experience seems to change the expectations evaluators have of alibis from criminal suspects. This effect likely emanates from increased awareness that alibis are difficult for innocent people to generate and from the emotional experience of having difficulty generating alibis. 相似文献
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Gary Kinsman 《Economy and Society》2013,42(3):393-409
This paper investigates responsibility/irresponsibility as an important regulatory strategy, in two instinct but interrelated social sites – people living with AIDS and HIV, and lesbians and gay men, especially within the Canadian province of Ontario. This responsibility/irresponsibility technique of governance is developing in response to the struggles of people with AIDS and community-based AIDS groups and lesbians and gay men and the alternative strategies of regulation articulated through these struggles. Practices of ‘resistance’ and activism alter the grounds of hegemonic regulation/governance and point towards new techniques of governance. I show how responsibilizing and normalizing strategies in the context of social struggles over AIDS and sexual regulation allows for those constructed as ‘responsible’ to be managed through forms of self-regulation and professional forms of goverance of their live. For those who continue to be constructed as ‘irresponsible’ forms of criminal law, policing and public health governance are called into action. 相似文献
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Gary Prevost 《Democratization》2013,20(2):85-108
This article explores the question of the development of democracy in Nicaragua with emphasis on the period from 1979 to the present. The primary focus is on the role of democracy within the framework of the Sandinista revolution including the 11 years of FSLN state power and the last four years during which the Sandinistas have been the primary opposition party. It is the primary contention of the article that a profound democratization of Nicaragua began with the rise of the FSLN to power in 1979. It also asserts that while democratization has not been definitely reversed during the conservative rule of Chamorro it has been weakened. The paper's primary conclusions run directly against those who argue that Nicaraguan process of democratization began only with the assumption of power of the UNO coalition in April 1990. 相似文献