Law Commons^™

The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good

International ResearchScape Journal

Between the early 16^th and 18^th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought …

Book Review: Hitler’S Atrocities Against Allied Pows: War Crimes Of The Third Reich, Timothy Heck

Genocide Studies and Prevention: An International Journal

Hitler’s Atrocities Against Allied PoWs cannot be regarded as an academic study of the fate awaiting captured Allied servicemen and women. Its narrow focus, socio-political goal, and limited engagement with the historiography prevent it from serving as more than a survey text or springboard. Chinnery attempts to tie the individual fates to a larger argument that the German armed forces and their security force compatriots were systematically responsible for the abuses described in the book. While the individual cases are compelling and some have a clear connection to explicit policies, the book does not succeed in linking its other examples …

Film Review: Operation Finale, Melanie O'Brien

Genocide Studies and Prevention: An International Journal

In 1960, the Israeli intelligence agency, Mossad, undertook an operation in Argentina to capture the architect of the Final Solution, Adolf Eichmann, and bring him to Israel to stand trial. Operation Finale [Chris Weitz, 2018] tells the story of this intelligence operation: the actions of and challenges for the agents involved, in a way that captures the banality of Eichmann’s personality before it was put on show for the world to see in his televised trial. Operation Finale is available on Netflix, rendering it a Holocaust film with an extraordinarily large reach.

Comparing The Violent Crime Trends In Select States To The National Trends To Determine Differences Between Crimes, States, And Regions, Alexandra N. Kremer

The Downtown Review

Violent crimes include crimes such as murder, rape, robbery, and assault. The FBI in the UCR breaks these down into Type I, crimes against the person, and Type II, property crimes, offenses. The FBI also divides the country into four regions: West, South, Northeast, and Midwest. Each of these regions are examined, through the use of two states from each, here. Their overall violent crime rates and trends, and their specific Type I offensive rates and trends, are examined against the national data and against each other. Several theories are used to explain the potential causes of the differences in …

Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva

The Light of Islam

The article considers the problems of the spiritual and moral environment of society as a socio-historical phenomenon, the features of its development in a civil society and the laws of its development. The main attention is paid to ethical principles and means, ways to meet the needs of the individual, the importance of moral ideal, as well as objective conditions and subjective factors of the spiritual and moral environment.

In order to comprehensively improve the spiritual and moral climate in society, a philosophical approach to the question of the beliefs and beliefs of the individual was made in order to …

Consent: Objectivity And The Aesthetics Of Re-Enactment In Locative Audio Journalism About A Sexual Assault Trial, Jeanti St Clair

RadioDoc Review

Consent – walk the walk, a geo-locative audio documentary walk in St. John’s, Canada, explores a 2017 sexual assault trial that led to days of protests in the Newfoundland city: an on-duty police officer is charged with sexually assaulting an intoxicated woman he drove home from the town’s nightclub precinct. Producers Chris Brookes and Emily Deming’s work of ‘landscape journalism’ was designed to highlight the tension between popular and legal understandings of the term ‘consent’ in sexual assaults. While the audio walk is a compelling place-based listening experience, Consent raises issues around the impact of dramatised re-enactment in the …

Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora

New England Journal of Public Policy

The United Nations Declaration on the Rights of Indigenous Peoples states that the right to self-determination for Indigenous peoples involves their having the right to freely determine their political status and freely pursue their economic, social, and cultural development. The implementation of this right is linked to the ability and freedom to participate in any decision making that relates to their development. Current laws and practices are considered “unfair to women,” because they sustain traditional and customary patriarchal attitudes that marginalize Indigenous women and exclude them from decision-making tables and leadership roles. Despite the many challenges Indigenous women face in …

Communicative Justice And Reconciliation In Canada, Alice Neeson

New England Journal of Public Policy

Communicative justice co-exists with other dimensions of justice and emphasizes the importance of fair communicative practices, particularly after periods of direct or structural violence. While intercultural dialogue is often assumed to be a positive, or even necessary, part of reconciliation processes, there are questions to be asked about the ethicality of dialogue when one voice has been silenced, misrepresented, and ignored for decades. This article draws on twelve months of ethnographic research with reconciliation activists and organizations in Canada and considers the potential for communicative flows to help compensate for structural inequalities during processes of reconciliation.

Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire

New England Journal of Public Policy

Language has always played a significant role in the colonization of peoples as an instrument of subjugation and homogenization. It has been used to control nondominant groups, including Indigenous peoples, often leading to their exclusion or assimilation. Many Indigenous groups, however, use language as a tool to connect the members of their community, to assert their group identity, and to preserve their culture. Thus, language has been used both as a means of oppression and as a mobilizer of Indigenous groups in their struggles for national recognition. Recognizing the significance of language in the identity and culture of Indigenous peoples, …

Toc

Journal of Vincentian Social Action

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover

Journal of Vincentian Social Action

No abstract provided.

In The Dark – Pushing The Boundaries Of True Crime, Sharon Davis

RadioDoc Review

True crime podcasts are a burgeoning genre. As journalists and storytellers, how do we balance the pursuit of justice and our responsibility to the victims with the demand to tell a gripping tale? As listeners, are we using the pain of others for our own entertainment? In the Dark podcast (Seasons 1 and 2) takes us beyond a vicarious fascination with true crime stories into a forensic and essential look at deep-rooted biases, corruption and systemic failures that prevent justice from being served.

The first season (2016) investigates the 1989 kidnapping, sexual assault and murder of 11-year-old Jacob Wetterling In …

A Game Theoretic Analysis Of Marbury V Madison: The Origins Of Judicial Review, Daniel R. Debutts

James Blair Historical Review

The presented research seeks to further our understanding of the Supreme Court’s formation of judicial review through an historical and game theoretic analysis. Marbury v Madison (1803) has long been hailed as a foundational case in which Chief Justice Marshall outfoxed President Jefferson in a duel of wits. Yet, despite this claim, there are surprisingly few papers that apply modern game-theory to what is widely considered a landmark—and rather iconic—supreme court case. In my paper, I review this notion and, in doing so, come to better understand inter-institutional relationships and their corresponding game theoretic strategies. More importantly, however, I suggest …

The Doctrine Of Discovery, Latinxo Theoethics, And Human Rights, Nestor Medina

Journal of Hispanic / Latino Theology

No abstract provided.

Denmark's Lessons, Sten Rynning

The US Army War College Quarterly: Parameters

This article argues despite opportunities to learn valuable strategic lessons from Denmark’s effort in the Afghanistan War (2001–14), Danish civil authorities implemented a comprehensive approach policy that failed to establish a bridge to lessons learned by the military. Denmark’s experience in the Afghanistan War demonstrates promises and perils of lessons learned processes.

Norway's Lessons, Harald Hoiback

The US Army War College Quarterly: Parameters

This article argues Norway’s minor role in the Afghanistan War (2001–14) included opportunities to learn about the evolution of military deployments over the course of a prolonged counterinsurgency-focused conflict, the civilian and military dynamics, and the political challenges of contributing to such a conflict.

Educating Strategic Lieutenants At West Point, Scott A. Silverstone

The US Army War College Quarterly: Parameters

This article argues West Point responded to the changing strategic environment from the end of the Cold War through the post-9/11 period by innovating its curriculum. Over the past several decades, however, the academy’s educational model has remained remarkably stable, rooted in an enduring commitment to a rigorous liberal education as the best preparation for officers confronting the inherent uncertainties of future wars.

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Functional Corporate Knowledge, Mihailis Diamantis

William & Mary Law Review

The line between guilt and innocence often turns on what a defendant knew. Although the law’s approach to knowledge may be relatively straightforward for individuals, its doctrines for corporate defendants are fraught with ambiguity and opportunities for gamesmanship. Corporations can spread information thinly across employees so that it is never “known.” And prosecutors can exploit legal uncertainties to bring knowledge-based charges where corporations were merely negligent in how they handled information. Whereas knowledge as a mens rea has unique practical and normative properties that vary with a corporation’s size and industry, corporate law treats knowledge just like any other mental …

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Winter 2019 – 2020, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Taking The War Colleges From Good To Great, Richard D. Hooker Jr.

The US Army War College Quarterly: Parameters

No abstract provided.

Making The War Colleges Better, Richard A. Lacquement Jr

The US Army War College Quarterly: Parameters

No abstract provided.

Australia's Lessons, Rhys Crawley

The US Army War College Quarterly: Parameters

This article analyzes Australia’s contribution to the Afghanistan War from 2001 to 2014. It recommends policymakers and practitioners consider applying a whole-of-government approach, embedding personnel in coalition headquarters, and limiting reliance on Special Forces soldiers in future interventions.

Educating Strategic Lieutenants At Sandhurst, An Jacobs

The US Army War College Quarterly: Parameters

This article examines how well military education at the Royal Military Academy of Sandhurst delivers lieutenants capable of coping with the complexities of their operational environment and the strategic implications of their decisions.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti

International Review of Humanities Studies

This study analyzes the term of address ustad in Indonesian culture. Indonesia’s religious-themed movies may represent the use of the term of address ustad in daily conversation. In particular, this study aims to describe the patterns of form, the patterns of use, and the social values of the term of address ustad in film utterances. The data of the term of address ustad and its contexts are collected from the utterances in Indonesia’s four Islamic-themed movies. This descriptive qualitative study uses sociopragmatics approach in identifying the functions of the term of address in film discourse. The context of the utterances …

The Language Development In Indonesian Presidential Decrees, Desty Wulandari, Frans Asisi Datang

International Review of Humanities Studies

President has an authority to establish policies in order to run the government, one of which is through Keputusan Presiden Republik Indonesia (Indonesian Presidential Decree). As written documents, the Decrees have language development which can be seen from the writing patterns. Therefore, this study aims to examine the writing patterns of Decrees from time to time to support forensic linguistic study, such as document forgery analysis. We took sixteen Presidential Decrees from 1945 to 2018 as the data then analyzed them by using qualitative method. The data were obtained from the National Archives of the Republic of Indonesia and the …

Commentary: Venezuelan Democracy: Bolivar’S Shattered Dream, Juan E. Chebly

Journal of Vincentian Social Action

Venezuela is one of the oldest democracies in Latin America, dating back to 1958, and has been under attack ever since.Venezuelan armies never conquered, they liberated nations. Led by Simon Bolivar, the Liberator, Venezuelans stood by their neighbors in their quest for freedom and many gave their lives to liberate six nations from oppression (Arana, 2013). Venezuela has served as a beacon of freedom in a land plagued by authoritarian rule over the centuries.