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841.
Alexander Brown 《Law and Philosophy》2017,36(4):419-468
The issue of hate speech has received significant attention from legal scholars and philosophers alike. But the vast majority of this attention has been focused on presenting and critically evaluating arguments for and against hate speech bans as opposed to the prior task of conceptually analysing the term ‘hate speech’ itself. This two-part article aims to put right that imbalance. It goes beyond legal texts and judgements and beyond the legal concept hate speech in an attempt to understand the general concept hate speech. And it does so using a range of well-known methods of conceptual analysis that are distinctive of analytic philosophy. One of its main aims is to explode the myth that emotions, feelings, or attitudes of hate or hatred are part of the essential nature of hate speech. It also argues that hate speech is best conceived as a family resemblances concept. One important implication is that when looking at the full range of ways of combating hate speech, including but not limited to the use of criminal law, there is every reason to embrace an understanding of hate speech as a heterogeneous collection of expressive phenomena. Another is that it would be unsound to reject hate speech laws on the premise that they are effectively in the business of criminalising emotions, feelings, or attitudes of hate or hatred. 相似文献
842.
Alexander V. Kynev 《Russian Politics and Law》2017,55(3):223-242
In the run-up to the elections of 18 September 2016, suggestions were made that a change in the rules for electing the State Duma (a return to a mixed majority-proportional system) would affect the qualitative composition of the deputy corps.1 Today, a year since the Duma campaign, we already have sufficient information to move from hypothetical arguments to a specific study not only of the composition, but also the style of work of the new parliament.Existing data allow us to say that two different tendencies exist in the Duma. One of them is connected with the change in the composition of the deputy corps, caused by the addition of a majority component, which has influenced the principles of selecting candidates, and by a number of other causes—from the assumption of a low turn-out to the emergence of new bans and restrictions in legislation. Another involves the change in style of work of the lower chamber of the Federal Assembly. Besides efforts directly toward reducing scandalous behavior and overcoming the reputation of a “maniacal printer,” this concerns attempts by the leadership of the Duma in general and individual parliamentary groups to regulate and centralize the lawmaking process as much as possible. If the first tendency involves increasing political independence of deputies (as a consequence of the increase of the importance of their personal qualities at elections), the second means an even greater reduction of their influence on decisions taken by the Duma. This article provides a detailed analysis of these tendencies. 相似文献
843.
Kristin Bechtel Alexander M. Holsinger Christopher T. Lowenkamp Madeline J. Warren 《American Journal of Criminal Justice》2017,42(2):443-467
This study makes an attempt to aggregate what we currently know about pretrial decision making and jurisdictions’ responses to the pretrial population. This meta-analysis began with an exhaustive search for pretrial research which may have revealed the most prominent finding—that being a distinct lack of research that utilizes any amount of methodological rigor. The findings of this meta-analysis hold several policy implications for the field of pretrial research and practice. First, future research studies in the field of pretrial need to focus on methodological quality and rigor. Second, it appears that some conditions of release may be related to a defendant’s likelihood of failure to appear. Third, it appears that none of the conditions of release reviewed in this study are related to a defendant’s likelihood of re-arrest while on pretrial release. Finally, it is recommended that the field of pretrial develop a sound research agenda and execute that plan with rigor, transparency, and an approach that favors the continued cumulation of knowledge. Strong conclusions about the impact of pretrial release conditions cannot be made as the quality of the pretrial research, overall, is weak at best. 相似文献
844.
John Michael Falligant Apryl A. Alexander Barry. R. Burkhart 《Journal of Sexual Aggression》2017,23(3):291-299
Intelligence differences exist between sex offenders and non-sex offenders in adult populations, but comparable intelligence differences are not consistently found among juveniles. However, juveniles may differ on measures of intelligence across offence-related variables used to subclassify adults. The purpose of the present study was to determine if between- and within-group differences exist in a sample of 925 juveniles adjudicated for illegal sexual and non-sexual behaviours across offence-related variables. The results suggest that juveniles adjudicated for illegal sexual behaviour outperformed juveniles adjudicated for non-sexual offences on Wechsler Abbreviated Scale of Intelligence (WASI) performance, though full-scale intelligence quotients scores for both groups were lower than would be expected in the general population. Unlike adult offenders, juveniles adjudicated for illegal sexual behaviour do not tend to differ on WASI performance across offence-related variables. These results provide additional evidence that these juveniles adjudicated for illegal sexual behaviour are categorically distinct from adults who sexually offend. 相似文献
845.
846.
Alexander Somek 《Ratio juris》1998,11(2):103-125
This paper explores the issue of whether an international system of nation-states can be defended from a global perspective of impartiality. At present, it seems as if the nation-state were the only suitable institutional location for the realization of effective systems of social justice. Provided that national politics is indeed disposed to promote the freedom and well-being of its citizens, a decentralized system of nation-states is likely to produce beneficial effects. Experience, however, teaches that national politics has in many instances had decidedly negative effects. For that reason, the existing system of nation-states cannot be defended from a global point of view. Hence, the question turns on whether a system of nation-states could conceivably find the support of rational persons if it incorporated substantive restrictions on national politics. This paper discusses the liberty to migrate as one of the many options potentially available for the correction of the existing international regime. As the closer inspection of the underlying philosophical question reveals, the problem can only be resolved with reference to a normatively relevant understanding of the kind of persons we take ourselves to be. From the conclusion that the freedom to migrate is to be understood as a fundamental liberty, the discussion then turns to the legitimate limitations that might be imposed by national immigration policies. It is argued that—in order to accommodate what is demanded by both global impartiality and national solidarity—open admission policies must not in effect place at a disadvantage those who are already relatively worse off under a present distribution, for this would violate basic conditions for the development and confirmation of socially acquired self-esteem 相似文献
847.
848.
Heggtveit HA 《Journal of forensic sciences》2004,49(4):870; author reply 871
849.
BACKGROUND: It has been hypothesized that a degree of coercion is a necessary component in using outpatient commitment to attain therapeutic outcome for those people subject to mental health law. However, what degree of coercion is required and how it is sustained is poorly understood. There is speculation that patients' recognition of beneficial as well as unwanted aspects of outpatient commitment (ambivalence) maybe an indicator that the necessary level of coercion has been achieved to facilitate a therapeutic outcome. AIM: The aim of this study was to determine the level of coercion perceived by those under outpatient commitment in New Zealand. Emphasis was given to consideration of the presence of ambivalence and the role of interactive processes, including procedural justice, in influencing patients' perceptions of coercion. METHOD: A cross-sectional comparative study was undertaken to compare the perceptions of coercion of patients on outpatient commitment (n = 69) to a matched sample of voluntary outpatients (n = 69), using the Perceived Coercion Scale. The influence of a range of variables, including patients' knowledge of and beliefs concerning outpatient commitment, were considered. RESULTS: Although the level of coercion for involuntary outpatients was relatively low, it was significantly higher than that experienced by voluntary outpatients. Yet involuntary outpatients were more likely to espouse benefits of outpatient commitment. Although there was an inverse correlation between perceptions of procedural justice and perceived coercion, procedural justice did not feature in the linear regression analysis. DISCUSSION: In the New Zealand context, involuntary outpatients hold contrasting views to outpatient commitment. We suggest that this ambivalence is an indicator that the degree of coercion is suffice to achieve therapeutic outcome. Furthermore, this study suggests the impact of procedural justice on patients' perceptions of coercion may be more crucial during admission to hospital than in the context of on-going community care. 相似文献
850.
Danne A 《Journal of law and medicine》2006,13(4):471-478
The use of epidemiological evidence in litigation presents a range of challenges for both litigants and the courts. Given the complex statistical basis of epidemiology itself, it is possible that the technical and factual constraints associated with such evidence may fail to be properly considered by a trier of fact. The recent Scottish decision in McTear v Imperial Tobacco Ltd [2005] Scots CSOH 69 sets a high standard for the future use of epidemiological evidence and thoroughly evaluates the strengths and weaknesses of epidemiology generally. While epidemiological evidence remains controversial, and cannot in itself prove direct causation (nor causation in the individual), it is likely it will continue to be adduced as indirect evidence of general causation. It is also likely, however, that both the subjective and objective processes involved in epidemiological study design and reporting will be questioned by courts more thoroughly than has historically been the case. Further, failure by a party to adduce primary evidence (ie original data sets and interpretation thereof) of an epidemiological study which it seeks to rely on at trial will most likely undermine the value of adducing such evidence in the first place. 相似文献