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951.
In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan (Crime and culpability: a theory of criminal law. Cambridge University Press, New York, 2009), Chiao (Crim Law Philos 4:37–55, 2010), Walen (Crim Law Philos 3:71–78, 2009)]. We then turn to some influential theories that articulate a direct role for intentions [e.g., Duff (Answering for crime: responsibility and liability in the criminal law. Hart Publishing, Portland, 2007), Husak (Crim Law Philos 3:51–70, 2009)]. While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles, such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing. 相似文献
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Various aspects of the judicial process have been hypothesized as damaging to sexual harassment plaintiffs, though limited research has been conducted that actually examines this hypothesis. We examined data from a large sample of women who participated in a class action lawsuit alleging workplace sexual harassment and discrimination (n?=?1218) and another sample of similarly situated women who opted out of litigation (n?=?465, non-litigants). We then followed the litigants for 5 years. This study takes an initial look at some of the variables theorized to play a role in the psychological outcomes of both harassment and subsequent litigation. Both the severity of harassment and participation/persistence in the litigation process were related to psychological outcomes at each of three assessments across a 5-year period; the frequency and severity of harassment, as well as plaintiffs’ cognitive appraisals of their situation, appeared to have the strongest relationship to psychological harm. Results of multivariate analysis of covariance (MANCOVA) revealed that participation and persistence in litigation played a consistent role in psychological outcomes across time, over and above the impact of harassment itself. However, litigation did not appear to be the cause of psychological outcomes as posttraumatic stress disorder (PTSD) symptomatology, in particular, was the result of the original harassment experience. 相似文献
955.
High achievers are a unique subset of persons referred for neuropsychological and psychological assessments in medicolegal contexts, including personal injury, disability, and workers’ compensation cases. Literature in this area is limited and poorly integrated, and neither a conceptual model nor best evidence-informed practices for the assessment of high achievers in the medicolegal context have yet emerged. Construct and methodological issues also hamper the ability of assessors to accurately and fairly assess this specialist group, which is particularly troubling in high-stakes forensic assessments. This paper reviews the current methodological issues involved in the assessment of high achievers and proposes an integrated, multimethod assessment model based on a particular vocational group, namely that of business leaders and entrepreneurs, that draws from available empirical research in different fields of psychological inquiry. 相似文献
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Esther Yakobov Whitney Scott Pascal Thibault Michael JL Sullivan 《Psychological injury and law》2016,9(1):41-47
Emerging evidence suggests that perceived injustice is a risk factor for poor recovery outcomes in individuals with whiplash injuries. The present study examined the relative contributions of treatment-related reductions in pain severity, depressive symptoms, and disability in the prediction of reductions in perceived injustice in individuals with whiplash injury. The study sample consisted of 71 individuals (43 women and 28 men) who sustained whiplash injuries in motor vehicle accidents and who were enrolled in a treatment program designed to promote functional recovery following whiplash injury. For the purposes of this study, only individuals who scored above the risk threshold on a measure of perceived injustice were included in the study sample. Participants completed measures of pain severity, disability, depressive symptomatology, and perceived injustice prior to treatment and after treatment. Change scores were computed for study variables. The results revealed that reductions in pain severity and disability were correlated with reductions in perceived injustice. Regression analyses revealed that only reductions in disability contributed significant unique variance to the prediction of reductions in perceived injustice. Clinical and theoretical implications of the present findings are discussed. 相似文献
958.
Michael J. L. Sullivan Heather Adams Esther Yakobov Tamra Ellis Pascal Thibault 《Psychological injury and law》2016,9(1):48-54
The present study examined the psychometric properties of a shortened and simplified version of the Injustice Experience Questionnaire (IEQ). The instructional set of the original IEQ was modified to make it better suited to the context of debilitating health and mental health conditions that do not necessarily arise as a result of injury. The number of items was reduced from 12 to 5, and the response scale was simplified. The Injustice Experiences Questionnaire – Short Form (IEQ-SF) was administered to individuals diagnosed with a chronic musculoskeletal (MSK) condition (N?=?88) or major depressive disorder (MDD) (N?=?87). The internal consistency of the IEQ-SF was acceptable. The IEQ-SF was significantly correlated with measures of pain severity, depressive symptom severity and disability in both samples. Individuals with MDD scored higher on the IEQ-SF than individuals with MSK. The IEQ-SF was shown to be sensitive to treatment-related reductions in perceived injustice. Preliminary analyses suggest that the IEQ-SF is a reliable and valid measure of disability-related injustice perceptions associated with debilitating health and mental health conditions. 相似文献
959.
Sergey Sevastyanov 《East Asia》2017,34(1):39-62
During the last 5 years, Russia and Japan have been able to widen and deepen bilateral ties in many spheres, including politics, economics, and culture. At the same time, the further qualitative improvement of bilateral relations is hampered by strong influence of an enduring negative historic memory of Japanese society toward Russia mostly due to the so-called Northern Territories syndrome. The formation of Russia’s image in Japan is also strongly influenced by a number of time-limited factors, such as the state leader’s popularity, single-moment events, empiric experience, and others (Streltsov 43). In this paper, the author traces the recent history of the territorial dispute between two countries and then attempts to evaluate the influence exerted by four time-limited factors: the triple disaster in Japan (as an example of the implications of natural disasters), the two leaders’ political aspirations, mutual trust, and popularity at home (as related to the personal features of President Putin and Prime Minister Abe), on the two countries’ approach toward signing a peace treaty and solving the territorial dispute. According to the author’s hypothesis, the strategic vision of Putin and Abe and their trustworthy relationship are playing the key role in improving ties between the two countries. Moreover, due to its importance for these ties, this paper considers the geopolitical environment of the Russo–Japan relations and the current state and perspective for bilateral energy cooperation. Finally, the author turns to an evaluation of whether a long-overdue compromise on the territorial dispute could be reached anytime soon. 相似文献
960.
Shirzad Azad 《East Asia》2017,34(4):287-305
With his frequent travels to the Middle East, more than all other Japanese leaders in the past, Shinzo Abe had been destined to ineluctably play a distinctive role in redefining his country’s foreign policy approach toward the region. Essentially, when Abe returned to power for a second time in late 2012, he succeeded to subsequently establish a relatively stable and long-term government which strived to critically reappraise some highly contentious elements of Japan’s internal and external policies. Reassessing Japan’s conventional low-profile orientation to the Middle East was particularly a major objective of the Abe government because the region had turned out to be closely and dubiously connected to some pivotal political and security reforms which Abe had long pursued to achieve domestically. By primarily doubling down Japan’s political engagement in different parts of the Middle East, therefore, Abe took advantage of what his country had capitalized in the region in more recent times to especially accelerate the accomplishment of some other political and security he favored ardently. 相似文献