Morris on Paternalism and Punishment

Law and Philosophy -     

Herod the Great and the Iudicium Domesticum: Legal Pluralism to Die For

The central question under consideration in this article is whether the various trials to which Herod, the well-known king of Judaea, subjected family members qualify as instances of the Roman iudicium domesticum. Modern debate among legal historians has been shaped by the views of two scholars in particular, Wolfgang Kunkel, who argues that one of them so qualifies, and Alfredo Mordechai Rabello, who contends that the rest do not, asserting that Herod simply followed the rules and procedures associated with a Hellenistic court. For the first time in modern scholarship, this article scrutinizes in detail all six examples of such trials. By itself, the evidence, though relatively copious, does not permit us to resolve this dispute as clearly and unambiguously as we would like. Much depends, for example, on precisely how one wishes to define the institution in question. Recent scholarly advances in the area of legal pluralism, however, point in the direction of a solution that does justice to both sides of this debate, as well as, perhaps, to Herod himself.     

The American Revolution and Christine Desan's New History of Money

This essay argues that Christine Desan's Making Money: Coin, Currency and the Coming of Capitalism intervenes decisively in debates over the origin of money, while making a fundamental contribution to the legal history of money, the philosophy of money, and the history of capitalism. Desan shows money to be a mode of governance, created by rulers to extend their power, and maintained and managed by their successors. She argues that British politicians reinvented money at the end of the seventeenth century, creating the essential institutional basis for contemporary capitalism. The essay builds on Desan's analysis, showing how the tools she develops to understand the origins and development of British money can help us explain the expansion of capitalism, and the transition to capitalism associated with the American Revolution.     

Police Perceptions of Irrational Unstable Behaviours and Use of Force

Police identification of people experiencing mental illness is usually based on either the person having an official contact history with police or through observing behavioural indicators commonly associated with mental illness during an encounter. Police have voiced concerns with their ability to identify and respond to people experiencing mental illness in a timely way and report that they commonly resort to more coercive tactical options to resolve encounters. The present study employed a mixed method design to examine 286 police use of force incidents to investigate the association between force used on and by offenders displaying irrational-unstable behavioural characteristics. The irrational-unstable offenders were two times more likely to be perceived by police to have an apparent mental disorder and almost four times more likely to have a known mental health history; one in six had an official record of contact with mental health services. There were few differences in police and offender use of force, considering force as both a categorical and a continuous variable, while incident-level comparisons suggested that police force was generally proportional to offender resistance. Implications are discussed in terms of the need to redress limitations with the traditional police approach style.     

Social Learning,Self-Control,and Offending Specialization and Versatility among Friends

American Journal of Criminal Justice - While it is generally understood that people tend not to specialize in specific types of deviance, less is understood about offending specialization and...