Punishment and the Duties of Offenders

This paper offers a partial critique of one of the central lines of argument in Victor Tadros’ The Ends of Harm: his attempt to show that a system of deterrent punishment can avoid the objection that it treats those who are punished ‘merely as means’ to our goals, by arguing that we may legitimately use someone as a means if in doing so we are simply forcing her to do what she anyway had an enforceable duty to do. I raise some questions about the idea of forcing someone to do what she has a duty to do; about what duties a wrongdoer incurs towards his victim, and how they may be enforced; and about whether we can move from such duties to a justification of criminal punishment as a deterrent.     

The influence of contextual information regarding the breakdown of relationships and perpetrator-target sex composition on perceptions of relational stalking

ABSTRACT

The present study examines the influence of prior relationship (with contextual information regarding the breakdown of the relationship) and perpetrator-target sex composition on perceptions of relational stalking. The study employed an experimental 7?×?2 independent measures design, and the sample comprised 1,260 members of the community residing in Australia, the United Kingdom and the United States. Participants received one of 14 versions of a hypothetical scenario and responded to scale items concerning the situation described. The situation was perceived to be most serious when the perpetrator was a stranger or a physically violent ex-partner and least serious when the perpetrator was an ex-partner of an unfaithful target. Scenarios involving a male perpetrator and a female victim were also perceived to be more serious than scenarios involving a female perpetrator and a male target. It is apparent therefore that the context of the relationship breakdown and the sex of the perpetrator and target significantly influence perceptions of relational stalking.     

Introduction

Law and Philosophy -     

Do We Want a Referendum on the Common Market?

In March 1975 Britain quarrelled about whether to hold a referendum on membership of the European Community. The Hansard Society organised an important debate about it between Enoch Powell, Geoffrey Howe, John Mackintosh and Keith Kyle. This is a report on that event drawn from a recently discovered recording. Many of the arguments deployed then are being repeated in today's debate about a ‘people's vote'—including the long‐term effects on the UK's constitution of having recourse to the referendum device.