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AbstractThis study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations. 相似文献
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There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education. 相似文献
4.
Bjorn G. Hansen Mark Blainey 《Review of European Community & International Environmental Law》2006,15(3):270-280
The EU has regulated chemicals since the late 1960s using both general and sectoral legislation, and exposure-based, hazard-based and risk-based decisions. A new proposal from the European Commission – on the Registration, Evaluation and Authorization of Chemicals (REACH) – will build on the experiences of the existing legislation and introduce some new concepts in the management of chemicals. This article is aimed at assessing the current chemical control mechanisms in the EU and those put forward in REACH to demonstrate how REACH is a new paradigm in chemicals management. REACH will carry forward today's experience and approach to the management of chemicals in the EU and introduces some novel aspects, such as utilizing market-based mechanisms and putting into operation the 'substitution principle'. 相似文献
5.
G. Robert Blakey 《Trends in Organized Crime》2006,9(4):8-34
In 1970, the Congress enacted the Organized Crime Control Act. Title IX of the 1970 Act is the Racketeer Influence and Corrupt
Organization Act or RICO. This Act had its origins in legislation going back as far as 1934, but coming forward to 1961. The
1970 Act borrowed ideas from this earlier legislation, principally “enterprise,” but also the use predicate statutes to define
“racketeering activity.” The ideas are not new, but their combination affects how prosecutors and law enforcement agents investigate,
try, and sanction violations of the Act. RICO’s drafting also reflects organizational theory and economic analysis. The investigation
and prosecution of a single crime committed by an individual on a single day and in a single place maybe done using one set
of procedural and evidentiary rules. Nevertheless, the investigation and prosecution of patterns of diverse offenses committed
by, through, and against licit and illicit enterprises require sophisticated procedures, evidentiary rules, and criminal sanctions.
In addition, antisocial conduct is more than a challenge to the administration of criminal justice; it also requires the full
panoply of civil sanctions, including public injunctions as well private enforcement of injunctive relief and treble damages.
RICO has had a profound effect on the prosecution of organized crime, white-collar crime, and other forms of similar criminal
behavior.
William J. & Dorothy K. O’Neill Professor of Law, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre
Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws and Procedures of the United
States Senate Committee on the Judiciary in 1969-70 when the Organized Crime Control Act of 1970, Pub. L. No. 91-542, 84 Stat.
922 (1970) was processed, Title IX of which is the Racketeer Influence and Corrupt Organization Act or RICO. For a general
treatment of the statute from a variety of perceptive, see the collection of law review literature in G. Robert Blakey & Kevin
Roddy, “Reflections on Reves v. Ernst & Young: Its Meaning an Impact on Substantive, Accessory, Aiding, Abetting and Conspiracy
Liability under RICO,” 33 Amer. Crim. L. Rev. 1345, 1348 n. 3(1996). 相似文献
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William R. Geary 《Crime, Law and Social Change》2002,38(4):311-356
This paper uses historical content analysis to examine the implementation ofthe Racketeer Influenced Corrupt Organizations Act (RICO). It is argued thatthe historical events leading to the definition of organized crime as an alienconspiracy still affect RICO's use some 30 years after its passage. This paper applies state-centered theory to the theoretical frameworks of sociology of knowledge and innovation diffusion. This approach is used to relate the current implementation and controversy of RICO to the alien conspiracy view. Thought of in this context, legal implementation is the result of a knowledge creation and diffusion process. This paper demonstrates how one knowledge diffusionprocess (the acceptance of organized crime as a national conspiracy in 1970) leads to a new knowledge diffusion process (the use of RICO). 相似文献
9.
Janet R. Johnston 《Family Court Review》2007,45(1):15-21
This article provides an editorial introduction to the following three related articles on the growing use and influence of social science research in family law. It first considers why this has become problematic and identifies some common strategies used by advocates, sometimes under the guise of scholarship, to destroy the standing of research findings contrary to their ideological or political position. Then it discusses briefly the remedies proposed to mitigate these kinds of problems within the following three articles. 相似文献
10.
Michael G. Pratt 《Law and Philosophy》2007,26(6):531-574