Sharing the costs of fighting justly

ABSTRACT

Combatants who attempt to obey the laws of war often have to take considerable risks in order to effectively discriminate between legitimate and illegitimate targets. Sometimes this task is made even more complicated by systemic factors which influence their ability to discriminate effectively without unduly risking their lives or the mission. If they fail to do so, civilians often pay the price. In this paper, I argue that to the extent that non-combatants benefit from the attempt to fight justly, and to the extent that wars in which combatants attempt to fight justly can be understood as a system of social cooperation which produces both burdens and benefits, non-combatants have a responsibility to shoulder their fair share of these burdens. Thus, if combatants (and by extension enemy non-combatants) are disproportionately burdened in a conflict, non-combatants ought to take on some costs, for instance in order to reduce the strain imposed on combatants by systemic factors such as the availability and distribution of resources.     

Who Deserves Help? Students' Opinions About the Deservingness of Different Groups Living in Germany to Receive Aid

A study was conducted examining German students' attitudes toward different groups of people living in Germany and the influence of those attitudes on the willingness to distribute aid to groups in need. A survey was distributed to over 2000 students at universities across Germany. It was predicted that groups judged more responsible for their need of aid and less likable would be considered less deserving of receiving aid than groups judged less responsible for their need of aid and more likable. An effect of the Belief in a Just World was also expected such that, students with a weak Belief in a Just World would judge targets as more deserving of aid than students with a strong Belief in a Just World. Results indicate effects of likability, responsibility for neediness, and the Belief in a Just World on ratings of deservingness.     

Rape victim and perpetrator blame and the Just World hypothesis: The influence of victim gender and age

Abstract

Victims of rape are sometimes blamed for the assaults against them. Research has examined primarily female victims; much less is known about men as victims and whether victim age affects attributions of victim blame. Furthermore, the study investigated the effects of Belief in a Just World (BJW) on blame attributions. Employing a vignette-type experimental study with a 2 (gender of participant)×2 (victim's gender)×2 (victim's age)×2 (participant BJW score) between-subjects design and several measures of blame attributions towards victim and perpetrator as dependent variables, a community sample (n = 164) participated. The main results were as hypothesised, namely that young male victims were attributed more blame, particularly by participants scoring high on BJW. Overall, victim blame level was low and perpetrator blame was high, and BJW was a powerful predictor of blame attributions.     

Building just community on a college campus

Three professors at a regional public university describe the goals, methods, and results of an experimental course in empowering a diverse group of students to build a more just community among themselves. Students critically examined theories of community and justice in relation to the social construction of difference, including their own experience as members of various social class, racial/ethnic, gender, sexual orientation, and ability groups. A six-hour diversity workshop designed by the National Coalition Building Institute and Arnold Mindell's principles of deep democracy were used to transform the class, increase group awareness, and model more authentic, generous interactions. Students then developed Action Research teams to plan and carry out a project to enhance the larger campus community. Faculty and students reported increased critical consciousness, empathy skills, empowerment, and a sense of community among students. Faculty concluded that it was necessary to focus specific attention on social injustice within the classroom and on campus, rather than "out there" in the world. Sharing our experience and responding to different needs of group members promotes learning, strengthens democracy, and humanizes us all.     

从程序公正缺失看刑讯逼供久禁不止的原因

刑讯逼供是困扰我国刑事司法实践的一个难题,并久禁不止。究其原因,主要是程序公正缺失,表现在两个层面上,即主观方面和客观方面,主观上表现为部分执法人员的程序公正理念缺失,客观上表现为程序公正制度缺失。     

行政征收的法律规制论纲

公民财产权的排他性支配属性及其在公民权利体系中的地位呼唤法律对行政征收进行有效规制。首先,行政征收立法应遵守法律保留原则,并以公共利益条款限制征收目的。其次,行政征收程序应吸纳正当法律程序的精髓——参与,并且这一参与应是有效参与。最后,在不得不征收公民财产时,行政机关应给予公平补偿。     

论我国添附制度的构建

添附是一种民事法律事实,所生之物权归属关系和债权债务关系应分别适用不同制度调整。添附所生新物所有权的归属应适用物权法律制度来调整,其制度设计既要考量法律的效率价值又要考量法律的正义价值。在自然添附的情况下,以价值优先、效率优先为原则确定新物所有权的归属;在人为添附的情况下,以被添附物所有人利益保护为原则确定新物所有权的归属,以实现法律正义。因添附而生之债权债务关系,基于其发生原因不同,适用与之相适应的债权法律制度来调整。在此基础上,构建我国的添附法律制度。