This discussion article examines the logical bases of the arguments often encountered in the literature that compares Soviet and Nazi totalitarianism. It analyses the ‘Orwellian discrepancy’ between Marxist ideals and Soviet reality, the comparative differences in numbers of people that were murdered by the Stalin and Hitler regimes, and the distinction between ‘murder’ and ‘execution’ that is sometimes applied to the actions of the two tyrants. It then examines the notion of Stalin as a ‘rational choice’ dictator who, through the use of state-sponsored terror, was simply ensuring the survival of his regime, and suggests that a better model for Stalin's government would be that of ‘pseudo-rational choice irrationality’. Arguments that imply that ‘Team Stalin’ should not be seen as a totalitarian corporate form of government because of some attempted reforms and recently revealed institutional complexity are also considered. It concludes by reaffirming the importance of understanding human belief and intellectual factors to a comprehension of historical development. 相似文献
The United States Supreme Court has repeatedly insisted that what distinguishes a criminal punishment from a civil penalty is the presence of a punitive legislative intent. Legislative intent has this role, in part, because court and commentators alike conceive of the criminal law as the body of law that administers punishment; and punishment, in turn, is conceived of in intention-sensitive terms. I argue that this understanding of the distinction between civil penalties and criminal punishments depends on a highly controversial proposition in moral theory – namely, that an agent’s intentions bear directly on what it is permissible for that agent to do, a view most closely associated with the doctrine of double effect. Therefore, legal theorists who are skeptical of granting intention this kind of significance owe us an alternative account of the distinctiveness of the criminal law. I sketch the broad outlines of just such an alternative account – one that focuses on the objective impact of legislation on a class of protected interests, regardless of the state’s motivations in enacting the legislation. In other words, even if the concept of punishment is unavoidably intention-sensitive, it does not follow that the boundaries of the criminal law are likewise intention-sensitive, because the boundaries of the criminal law may be drawn without reference to the concept of punishment. I conclude by illustrating the application of this view to a pair of well-known cases, and noting some of its ramifications. 相似文献
This research examined the direct effects of coping strategies on stress and the moderating effects of coping strategies on the associations between workplace problems experienced by police and stress in South Korea and the United States. Data revealed that coping strategies did not change the strength of connections between workplace problems and stress. Especially in the United States, the use of escape as a coping strategy was related to high stress. Findings were most consistent with the use of organizational-level interventions to increase police officers' job control and advancement opportunities, and pointed to the need to consider support as a way to limit stress. 相似文献
Soviet Agricultural and Peasant Affairs. Edited by Roy D. Laird London: Constable &; Co. 1964, xiv, 335 pp. 60/‐ India's Export Trends and the Prospects for Self‐Sustained Growth. By Manmohan Singh. Oxford, Clarendon Press, 1964, pp. xiv + 370. 45s. The Political Economy of Mexico. By W. P. Glade and C. W. Anderson. University of Wisconsin Press, Madison, 1963. Pp. xii, 242, $5. 相似文献
Theorists have argued that discussion and disagreement are essential components of sound public opinion, and indeed that both are necessary for effective democracy. But their putative benefits have not been well tested. Consequently, this article examines whether disagreement in political conversation contributes to opinion quality--specifically, whether it expands one's understanding of others' perspectives. Data are drawn from a survey of the American public ( N = 1,684) conducted in February and March 2000. Open-ended survey measures of "argument repertoire"--reasons people can give in support of their own opinions, as well as reasons they can offer to support opposing points of view--are examined in light of numerous explanatory variables, including the frequency of political conversation and exposure to disagreement. Results confirm the hypothesis that exposure to disagreement does indeed contribute to people's ability to generate reasons, and in particular reasons why others might disagree with their own views. 相似文献
This study is based on data from a three-wave telephone panel survey conducted during the 1998 governor's race in Florida. The evidence suggests that a considerable amount of issue-related learning (having to do with candidate policy stands and group endorsements) took place over the course of the general election campaign, though substantial differences were observed from one issue area to the next. Further analysis indicates that learning was especially likely to occur among voters (a) who were more knowledgeable about political affairs to start with (confirming that the so-called “knowledge gap” may be exacerbated during campaigns), (b) who scored high on a measure of advertising negativity (for one candidate but not the other), and (c) who early in the campaign, read their local newspaper less frequently. Consistent with prior research, TV news appears to have done little or nothing to boost issue-based learning among the electorate. 相似文献
Many introductory community psychology courses do not incorporate community-based learning (CBL), and when they do, it is most often in the form of individualized volunteer hours. We present an alternative model for CBL in which the entire class collaborates on an experiential project that promotes community action. We believe that such an approach better embodies the values and methods of the discipline and has a more powerful impact on the students and stakeholders. It may be especially effective in developing countries that do not have an established network of service infrastructures; in such nations the onus is on the teachers and learners of community psychology to contribute to transformative change. In this article practical guidelines are provided by the instructor regarding how to structure and implement this CBL model. Additionally, two students describe how the CBL experience solidified their learning of course concepts and significantly impacted them personally. 相似文献
Carl Schmitt’s famous articulation of the relation between sovereignty and the exception emphasises not simply the basis for a suspension of the law in a state of emergency, but the role of the sovereign in deciding upon the existence of the ‘normal situation’, the ‘everyday frame of life’ which the law requires to function. Our pandemic times have included extreme biopolitical measures deployed to manage the health crisis, but also unprecedented political responses to regularise or stabilise the economic order. One example is Australia’s historic JobKeeper wage subsidy scheme. As law, it was given life by an executive power predicated on nationhood and enlivened by crisis. As policy, it was intended to help businesses retain workers through targeted, proportionate support. In reality, it also provided significant protections and even windfalls to corporations and their investors, leading to critiques of the scheme as corporate welfare. However, rather than highlighting deficiencies of the JobKeeper programme, these outcomes underscore its ultimate function. This article analyses the relationship between norm, exception, and order in the context of Australia’s flagship economic-policy response to the pandemic. First, by analysing the mutually constitutive relationship between norm and exception, employing the theories of Carl Schmitt and Giorgio Agamben. Second, by critically examining the legislative basis for JobKeeper, its political narrative and practical outcomes. Third, by demonstrating that the scheme, though an extraordinary departure from policy, can be understood as fundamentally a different and exceptional method to secure and reproduce our neoliberal corporate order in a state of exception.
Law and Philosophy - In this paper, I defend a deflationary account of proportionality, which suggests that proportionality does not explain anything valuable about a system of punishment.... 相似文献
Several different methods can be employed to test for gunshot residue (GSR) on a deceased person's hands, including scanning electron microscopy with energy-dispersive x-ray spectroscopy (SEM-EDX) and inductively coupled plasma-atomic emission spectrometry (ICP-AES). Each of these techniques has been extensively studied, especially on living individuals. The current studies (Part I and Part II) were designed to compare the use and utility of the different GSR testing techniques in a medical examiner setting. In Part I, the hands of deceased persons who died from undisputed suicidal handgun wounds were tested for GSR by SEM-EDX over a 4-year period. A total of 116 cases were studied and analyzed for caliber of weapon, proximity of wound, and results of GSR testing, including spatial deposition upon the hands. It was found that in only 50% of cases with a known self-inflicted gunshot wound was SEM-EDX positive for at least 1 specific particle for GSR. In 18% of the cases there was a discernible pattern (spatial distribution) of the particles on the hand such that the manner in which the weapon was held could be determined. Since only 50% of cases where the person is known to have fired a weapon immediately prior to death were positive for GSR by SEM-EDX, this test should not be relied upon to determine whether a deceased individual has discharged a firearm. Furthermore, in only 18% of cases was a discernible pattern present indicating how the firearm was held. The low sensitivity, along with the low percentage of cases with a discernible pattern, limits the usefulness of GSR test results by SEM-EDX in differentiating self-inflicted from non-self-inflicted wounds. 相似文献