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Rethinking The Balance Of Interests In Non-Exculpatory Defenses, Paul Robinson, Jeffrey Seaman, Muhammad Sarahne May 2024

Rethinking The Balance Of Interests In Non-Exculpatory Defenses, Paul Robinson, Jeffrey Seaman, Muhammad Sarahne

Articles

"Most criminal law defenses serve the criminal law’s goal of shielding blameless defendants from liability. Justification defenses, such as self-defense and law enforcement authority, exculpate on the ground that the defendant’s conduct, on balance, does not violate a societal norm. Excuse defenses, such as insanity and duress, exculpate on the ground that, while the defendant may well have violated a societal norm, it was done blamelessly. That is, it is the excusing conditions, not the defendant, that is to blame. In contrast, a third group of general defenses, what has been called “non-exculpatory defenses,” bar liability in instances where the …


Maybe They Had A Reason, Susan Trestrail May 2024

Maybe They Had A Reason, Susan Trestrail

The Prairie Light Review

No abstract provided.


How Consideration Of Future Consequences, Prior Gain Or Loss, Personal Risk Profile, And Justification Affect Risk–Payoff Preferences, W. Eric Lee Feb 2024

How Consideration Of Future Consequences, Prior Gain Or Loss, Personal Risk Profile, And Justification Affect Risk–Payoff Preferences, W. Eric Lee

Faculty Publications

This study examines (1) how risk–payoff preference can be affected by differences in consideration of future consequences (CFC), prior gain/loss, and personal risk profile, and (2) whether one’s risk–payoff preference may vary with justification prompts. Using an experimental design with 366 undergraduate business students, participants are tasked to make risk–payoff choices in two scenarios, with the combined risk–payoff outcomes serving as the dependent variable. In addition, participants are assessed on their personal risk profiles and also complete the 14-item CFC scale to gauge the propensity to take into account future consequences of their behaviors. Findings show that one who scores …


Comparing And Contrasting Luther’S And Aquinas’ Viewpoints Regarding The Essence Of Justification: A Step Towards Promoting Ecumenical Harmony, Paulinus Daeli Osc Jan 2024

Comparing And Contrasting Luther’S And Aquinas’ Viewpoints Regarding The Essence Of Justification: A Step Towards Promoting Ecumenical Harmony, Paulinus Daeli Osc

Obsculta

This article is intended for Christians who recognize the importance of diversity in ecumenical unity. By comparing the views of Thomas Aquinas and Martin Luther on the idea of justification, the author seeks to convey that faith in Christ helps one to grow and develop spiritually. The similarities and differences of the two figures offered in this sense invite Christians to see that their differences need not be contradictory and that they can be juxtaposed.


Ask The Duke, Why: How Fabrications Can Undermine Impact In Shakespeare’S Measure For Measure, Spencer D. Hansen Jan 2024

Ask The Duke, Why: How Fabrications Can Undermine Impact In Shakespeare’S Measure For Measure, Spencer D. Hansen

Graduate Theses, Dissertations, and Problem Reports

The following document recounts the observations and consequences that result from my attempts at justifying the actions of Duke Vincentio in Shakespeare’s Measure for Measure. By following my experience through the duration of West Virginia University’s 2023 production of Measure for Measure, I examine the ramifications of justifying the Duke’s actions and the potentially harmful consequences such justifications could create with regard to the play’s reception. Additionally, this text outlines performance techniques, audience responses, rehearsal strategies, and progressive interpretations for one of Shakespeare’s most challenging characters in one of his most divisive plays.