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Gideon Yaffe 《Criminal Law and Philosophy》2018,12(3):393-409
Before the recent presidential election, a bipartisan congressional effort was made to pass a criminal justice reform bill. The bill faltered in part because of a proposed default mens rea provision: statutes silent on mens rea, that were not explicitly identified as strict liability by the legislature, would be taken to require for guilt proof of knowledge with respect to each material element. This paper focusses on a prominent line of disagreement about the default mens rea provision. Proponents argued that it would reduce the number of unjust verdicts in corporate cases. They noted that there have been convictions of corporations and corporate officers for public welfare offenses in instances in which there was good reason to believe that the defendants lacked mens rea. They touted the legislation, then, as a way of reducing the false positive rate. Opponents noted that the provision would also reduce the rate of true positives in corporate prosecutions—convictions of those possessing mens rea who could not be proven to—and opposed the legislation on those grounds. Both sides, then, accepted that the relevant question was, in part, numerical: under the provision, would the reductions in guilty verdicts of those lacking mens rea outnumber and outweigh the increases in acquittals of those possessing it? This paper critically examines this numerical approach for assessing and justifying the default mens rea provision. The paper argues that there is a small domain under which it is appropriate to reason in such numerical terms about a default mens rea provision, but that that domain is so small as to make such arguments inappropriate when it comes to sweeping legislation, such as that proposed. The paper further argues that in light of this conclusion the default mens rea provision must be examined non-numerically, through appeal to principled considerations about the necessary conditions for morally justified infliction of punishment. When such arguments are freed from numerical considerations of the kind that dominated the public discussion of the legislation, they decide the matter: the default mens rea provision deserves bipartisan support. 相似文献
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Throughout Jewish history, religious tradition has had a dialectical relationship with violence. Judaism is neither more nor less violent than any other religion. In this essay, however, we offer a comprehensive and integrated survey of the components of Jewish ethos and mythos relating to violence while analyzing and illustrating their development and influence over the course of three millennia, from biblical times to the contemporary Jewish world, particularly in the Jewish State. We analyze the various transformations that Jewish religious violent norms, values, moods, and symbols have undergone, their linkage to ever-changing social and cultural circumstances, their social-political roots and implications, and their relationship to other Jewish traditions. We trace how ancient violent motifs have emerged and have been processed over time, and observe present-day violent behavior in light of these motifs. Along the way, we explicate the dynamics that characterize the tradition of Jewish religious violence and its paradoxical nature. Our argument implies a general theoretical model of religious violence that can be applied in a comparative context: Actors engage in a constant evaluation, selection, and reinterpretation of religious ideas and practices from an ever-growing reservoir and in so doing contribute to that reservoir. Religious tradition is adaptable but it also places limits on the violence agents can justify at any point in time. 相似文献
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Jarle Trondal Gideon Rahat Sarah L. de Lange Oleh Protsyk Stein Kuhnle Richard Sakwa 《West European politics》2013,36(5):971-991
Previous studies suggest, and common wisdom holds, that government participation is detrimental for new parties. This paper argues that the opposite is true. Drawing on a large-N analysis (111 parties in 16 countries) in combination with two case studies, it demonstrates that new parties generally benefit organisationally from supporting or entering a government coalition. Compared to established parties, new parties have the advantage that their leadership is more able to allocate effectively the spoils of office, and can change still malleable rudimentary party structures so as to respond to intra-organisational demands, as well as the functional demands of holding office. The authors conclude by setting their finding in wider perspective and elaborate on its implications for contemporary West European politics. 相似文献
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Gideon Yaffe 《Law and Philosophy》2014,33(1):1-40
Courts and commentators are notoriously puzzled about the mens rea standards for complicity. Accomplices intend to aid, but what attitude need they have towards the crimes that they aid? This paper both criticizes extant accounts of the mens rea of complicity and offers a new account. The paper argues that an intention can commit one to an event’s occurrence without committing one to promoting the event, or making it more likely to take place. Under the proposed account of the mens rea of complicity, an accomplice must have an intention that commits him to the crime’s occurrence, but need not commit him to making it more likely that the crime occurs. The paper traces the implications of this view both for several difficult complicity cases, and for ongoing debates among philosophers of action about the necessary and sufficient conditions of joint agency. 相似文献