Moral Foundations,Intuitions of Justice,and the Intricacies of Punitive Sentiment

Research on punitive attitudes has, so far, focused largely on people's retributive attitudes toward offenders. However, a large theoretical body of research indicates that concerns about different types of offenses and victims may be just as important in structuring punitive attitudes. Particularly, Moral Foundations Theory suggests that distinct punitive attitudes may be based in intuitive moral concerns (“moral foundations”) about offenses that victimize individuals, groups, and the “divine,” referring to bodily purity or sanctity. In this study, I develop measures of what I term “victim‐centered punitiveness,” and use data from a nationwide survey of adult Americans (N = 915) to compare the sources of offender‐ and victim‐centered punitiveness. As expected, different moral foundations shape offender‐ and victim‐centered punitiveness in different ways, suggesting that they have distinct intuitive, moral bases. Other factors, including racial resentment, also have distinct effects on each type of punitiveness.     

Demythologizing inaccurate perceptions of the insanity defense

Public opinion data show that the most prevalent concern expressed regarding the insanity defense is that it is a loophole through which would-be criminals escape punishment for illegal acts. This article examines the extent to which the public's perceptions of the insanity defense are consistent with newly collected empirical data. Specifically, it compares perceptions of the use, success, and outcomes associated with the insanity defense to data derived from a large-scale study of insanity pleas in eight states. The analysis reveals that the public overestimates the use and success of an insanity defense and underestimates the extent to which insanity acquittees are confined upon acquittal. The role of selective media reporting in the formation of public perceptions is discussed.An earlier version of this paper was presented at the 1992 meetings of the Society for the Study of Social Problems. Special thanks go to John Monahan and Joel Dvoskin for reviewing an earlier draft and to Sharon Steadman for providing editorial comments.     

Elmer's case: A legal positivist replies to Dworkin

Conclusion I have argued that Legal Positivism can accommodate the existence oftheoretical disagreements in law and that Ronald Dworkin is wrongto claim otherwise. As far as Legal Positivists are concerned, evenjudges who differ over both the truth of propositions of law and thegrounds or sources of law can have a legal duty to resolve their dis-agreements on the basis of legal arguments. The duty exists whenconventional legal practice creates it. Moreover, all Anglo-Americanlegal systems impose the duty on judges because all such systemscontain legal practices of the right sort: practices creating expectationsthat cases will be decided on the law even when they raise doubtsabout the content or proper formulation of a rule of recognition.Thus, Elmer's Case poses no threat to Legal Positivism. To the con-trary, it reveals the richness of that theory as few other cases can.Only if Elmer's Case is detached from the context of Anglo-American adjudication can it be said to undermine Legal Positivism.But then no theory of positive law could withstand its challenge.A draft of this essay was presented at a political theory workshop at the University of Chicago. I am grateful for comments received from Russell Hardin, Leo Katz, Steven Fletcher and Thomas Christiano on that occasion. I also thank Steven Walt and Jules Coleman, two of the better dressed philosophers I know.     

Neighborhood Characteristics, Peer Networks, and Adolescent Violence

Although ecological researchers consistently find high rates of crime and violence within socioeconomically disadvantaged neighborhoods, there is little consensus as to why this pattern exists. To address this question, we use data from the National Longitudinal Study of Adolescent Health (n=12,747) to examine three related research questions. Are neighborhood characteristics associated with adolescent violence net of compositional and selection effects? Are neighborhood characteristics associated with adolescents’ exposure to violent and prosocial peers? Does peer exposure mediate the neighborhood characteristics–violence association? Results indicate that across a wide range of neighborhoods, socioeconomic disadvantage is positively related to adolescent violence net of compositional and selection effects. Additionally, neighborhood disadvantage is associated with exposure to violent peers, and peer exposure mediates part of the neighborhood disadvantage–violence association. Joining structural and cultural explanations for violence, our findings suggest that neighborhood disadvantage influences adolescent violence indirectly by increasing opportunities for youth to become involved in violent peer networks.     

A Regional Analysis of Industrial Production and Labor Productivity Trends in Tanzania, 1965 to 1972

The Charlie Hebdo affair caused major repercussions in Senegal, not least because President Macky Sall took part in the “march in support of republican values” in Paris on Sunday 11 January 2015. Sall came in for fierce criticism for sympathising with the enemies of Islam. This article analyses the different attitudes expressed in the public demonstrations over the ensuing weeks, as well as in the accompanying media debate. Reactions were not unconnected with a profound ambivalence towards France, manifested in another public debate around the Fifteenth Assembly of the Organisation internationale de la Francophonie (OIF) held in Dakar just weeks before. They were also affected by local politics, with the opposition seizing the opportunity to discomfit Sall. Also everywhere in play were local Islamic dynamics, particularly Sall’s on-going difficulties with Senegal’s principal religious families and resistance to his efforts to modernise traditional koranic schools (daaras).