Digital Commons Network^™

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

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

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

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

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.

Understanding The Resurrection Of Jesus Christ And Its Soteriological Significance, Zach Maldonado

Doctoral Dissertations and Projects

The purpose of this DMIN action research project was to develop and implement a study on the resurrection of Jesus at Life Church. The problem was that people at Life Church did not adequately understand the resurrection of Christ for their belief in salvation. The study sought to help members of Life Church understand what Scripture teaches about salvation. The goal for this action research project was for members of Life Church to understand, defend, and articulate the resurrection of Jesus and its soteriological implications. There were seven total participants that took part in the study. Every participant was given …

'Kevin Vallier' Trust In A Polarized Age, Chandran Kukathas

Research Collection School of Social Sciences

Vallier offers a defence of liberalism that is publicly justified as an answer to political polarization. This critique argues that the philosophical solution he offers - a version of liberalism more likely to be endorsed by moderately idealized agents - may not succeed because the source of polarization lies elsewhere: in resentments arising out of changed social conditions and the alienation of parts of society unhappy with the very liberal narrative in question.

The Right To Data Encryption, Steven W. Schlesinger, Dr. Shlomit Yanisky-Ravid

San Diego Law Review

Technology drives our society, and we are data-dependent as a people. Though the legal system in the United States lacks neither basic protections nor methods to address data protection-related issues, this Article proposes an essential and more robust alternative.

This Article introduces the prevalence and reliance on data and stored information, noting the growing need for a better balance between enabling users’ ability to access encryption tools and the threats and concerns from a governmental perspective for malicious use of encryption tools for criminal and terror purposes.

The Article first recounts a brief history of encryption, focusing on its growing …

Naturalized Human Epistemology Is Social Epistemology, Molly O'Rourke-Friel

Doctoral Dissertations

Our epistemic lives are ones of deep social dependence. Social epistemology is often understood as a subfield that stands apart from, but is compatible with, traditional individualistic approaches to epistemology. In my work I reject this view and argue instead that human epistemology is necessarily social epistemology. I argue for this as an epistemological naturalist. I understand epistemological naturalism as a commitment to the following: (a) the claim that empirical research from psychology, cognitive science, and evolutionary biology is relevant to epistemological inquiry and (b) the meta-epistemological thesis that knowledge and justification are reducible to natural phenomena. In Chapter 1 …

Law Library Blog (June 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

"Justification" [Review]/Michael, Horton, Dennis E. Akawobsa

Andrews University Seminary Studies (AUSS)

This is a book review by Dennis Akawobsa.

A Study Of Soteriology: A Commentary, Course, And Conclusion Of Brown’S Creek Baptist Church’S Soteriological Beliefs, David Shawn Head

Doctoral Dissertations and Projects

This thesis identifies a church’s lack of theological awareness of biblical soteriology, investigates the literature for solutions to the ministerial problem, implements the review of literature into a course with curriculum, and the influences on the congregation’s beliefs. The church was a hodgepodge of soteriological beliefs. More specifically, the congregants purported to believe in Calvinism, Arminianism, and Semi-Pelagianism but could not accurately define, adequately describe, or appropriately defend said beliefs. A review of literature led this student to be selective of the soteriological literature known to exist. Simply, the ministerial problem was not because of a lack of literature but …

A Critique Of Audi's Ethical Intuitionism, Caleb Yarbrough

Student Research Submissions

Robert Audi’s 2005 book The Good in the Right is a formidable representative of the recently resurgent theory ethical intuitionism (EI). Its renown is not unearned; Audi has developed a novel version of EI that preserves some of the most appealing features of Rossian EI while making a few key changes that help it to stand up better to some criticisms. This paper will explore Audi’s position and articulate a variety of objections to it that, taken together, prevent it from being a serious contender on the metaethical stage. The first section will discuss some of the difficulties with Audi’s …

Holistic Transformation : The Importance Of Faith And Works In Major Christian Communities Of The Kathmandu Valley, Thakur Prasad Paudel

ATS Dissertations

No abstract provided.

Faith And Work Pedagogy For The Twenty-First Century : A Consultation Of The Curriculum Of 210leaders, R. Matthew Schell

ATS Dissertations

No abstract provided.

Justification Of The Legitimate Texts And The Issues Related To It, Ahmed Muhammad Al-Yamani

UAEU Law Journal

Praise be to Allah, Lord of the Worlds, benediction and peace be upon the noblest of Prophets and Messengers, our Master, Mohammad, his Kinsfolk and companions all.

This is an abstract of a research paper titled: (Justification of Religious Texts and the Fundamental Issues Associated with Such Justification)

This research paper consists of an introduction in which I have explained the significance of the study, the research plan, the reason for choosing the topic and the method I have followed in the study.

The study itself is composed of four themes: the first one: studying the topic and citing the …

Justification, W. B. Godbey

William B. Godbey

No abstract provided.

Acquisition Of Knowledge Through Narrative In Argumentative Processes, Guillermo Sierra-Catalán

OSSA Conference Archive

The objective of this investigation is to study the role that the narrative speech act plays in relation to the acquisition of certain types of knowledge within the frame of argumentative processes. An inferential scheme that regulates the acquisition of knowledge is exposed, as well as an analysis of the reasons adduced. This is used to develop an evaluative method for the argumentative “goodness” of narrative texts. Finally, the particular case of literary narratives is analysed.

Why Did You Really Do It? Examining The Distinction Between Kinds Of Reasons, José Ángel Gascón

OSSA Conference Archive

Studies in cognitive psychology have shown that many of our actions seem to be often influenced by irrelevant features of the environment, of which we are not aware. But exactly what reasons has the psychological research uncovered? In philosophy, a distinction has been made between normative, motivating, and explanatory reasons. Hence it is necessary to determine which of them have been revealed as the real reasons for our actions by the psychological research.

Competition Wrongs, Nicolas Cornell

Articles

In both philosophical and legal circles, it is typically assumed that wrongs depend upon having one’s rights violated. But within any market-based economy, market participants may be wronged by the conduct of other actors in the marketplace. Due to my illicit business tactics, you may lose profits, customers, employees, reputation, access to capital, or any number of other sources of value. This Article argues that such competition wrongs are an example of wrongs that arise without an underlying right, contrary to the typical philosophical and legal assumption. The Article thus draws upon various forms of business law to illustrate what …

"The Tyranny Of The Majority" A Framework Proposal To Assess The Moral Justification Of Voter Identification Laws In The United States, Sally Jordan

Honors Theses

One of the most fundamental rights of democratic citizens is the right to vote. As a result, voters are entitled to equal opportunity to access the polls. Yet recently, states have begun instituting policies that impact individual access to polls, such as voter identification laws.

Since the 2013 dismantling of the Voting Rights Act, 35 states across the United States implemented voter identification laws varying in strictness and the forms of identification they accept. Numerous studies and articles have been written regarding the justification of these voter identification laws in conjunction with their disproportionate effects on certain minorities; however, many …

Conventions And Convictions: A Valuative Theory Of Punishment, Daniel Maggen

Utah Law Review

The one thing that most scholars of criminal law agree upon is that we are in desperate need of a comprehensive theory of punishment. The theory that comes closest to meeting this demand is the expressive account of punishment, yet it is often criticized for its inability to explain how the expression of communal values justifies punishment and why the condemnation of wrongdoing necessarily requires punishment. The Article answers these criticisms by arguing against the need to necessarily connect punishment to wrongdoing and by developing expressivism into a novel theory of punishment, grounded in the valuative function punishment serves.

Offering …

Legitimizing Violence: Functional Similarities Of The Religious And The Secular Violence, Tahir Topal

USF Tampa Graduate Theses and Dissertations

As a consequence of the separation between religion and politics, known as secularism, the discussion about violence has also been divided into two main categories –Religious Violence and Non-Religious Violence– in the modern Western academia. The tendency of the leading scholarly work in the discourse of "religious violence" is that "religion" is inclined to be violent more than secular institutions for several reasons. Therefore, the state's violence, as being secular, steps in to bring peace. And the foundational cause of the theories relies heavily on the essential differences of "religion" and the secular. With counter-arguments, William T. Cavanaugh and Talal …

The Justification Clause Of Phil 3:12 : A Textual, Transcriptional, And Exegetical Analysis, Ryan Kristopher Giffin

ATS Dissertations

No abstract provided.

Is There Really A Difference Between Justification And Excuse Or Did We Academics Make It Up?, Linda A. Malone

Linda A. Malone

No abstract provided.

International Consensus Principles For Ethical Wildlife Control, Sara Dubois, Nicole Fenwick, Erin A. Ryan, Liv Baker, Sandra E. Baker, Ngaio J. Beausoleil, Scott Carter, Barbara Cartwright, Federico Costa, Chris Draper, John Griffin, Adam Grogan, Gregg Howald, Bidda Jones, Kate E. Littin, Amanda T. Lombard, David J. Mellor, Daniel Ramp, Catherine A. Schuppli, David Fraser

David Fraser, PhD

Human–wildlife conflicts are commonly addressed by excluding, relocating, or lethally controlling animals with the goal of preserving public health and safety, protecting property, or conserving other valued wildlife. However, declining wildlife populations, a lack of efficacy of control methods in achieving desired outcomes, and changes in how people value animals have triggered widespread acknowledgment of the need for ethical and evidence-based approaches to managing such conflicts. We explored international perspectives on and experiences with human–wildlife conflicts to develop principles for ethical wildlife control. A diverse panel of 20 experts convened at a 2-day workshop and developed the principles through a …

Recapitulation And Christ’S Active Obedience A Lutheran Retrieval Of Irenaeus, Andrew Bloch

Master of Art Theology Thesis

That will conclude the discussion on theologians and their views of the active obedience of Christ. Next, we will look back to the Reformation. Georg Karg questions the imputation of Christ’s active obedience. Through a historical lens, there could be merit to what Karg argues. This will lead to the problem with which this thesis is concerned: Is the active obedience of Christ necessary? Some of the theologians discussed below suggest that the active obedience of Christ is something that can be discarded from the atonement with no major consequences (or even perhaps that removing it strengthens the theology of …

Epistemic Inclusion And The Argument From Circumspection, James Scott Johnston

Democracy and Education

In this response to Martin's "Should Deliberate Democratic Inclusion Extend to Children?" I examine Martin's comments against the "argument from circumspection," which is dubious regarding the claims children make to change democratic policies and procedures. I explain there are good reasons for being circumspect. One of these concerns the need for all in public discourse to supply not just claims but reasons and to have both these claims and reasons adjudicated in the logical space of reasons. Children, as with all who practice public discourse, must have their claims and reasons assessed for these to be admitted as candidates for …

The Coherence Of Justification In Luke 18:9-14 With Authentic Jesus Tradition, Peter D. Tan-Gatue

ATS Dissertations

No abstract provided.

Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon

Randy D. Gordon

The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute. But these are not discreet functions: they bleed into one another and are thus interdependent. This article aims to reveal-at least in part-how judges approach this process. To do so, I look at three sets of civil RICO cases that align and diverge from civil antitrust precedents. I then posit that the judges in these cases base their decisions on assumptions about RICO's purpose. These assumptions, though often tacit and therefore not subject to direct observation, are nonetheless sometimes revealed when a judge …