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Full-Text Articles in Jurisprudence
Facing The Unborn, Richard Stith
Facing The Unborn, Richard Stith
Richard Stith
Modern science tells us of the identity of each individual human being from conception to adulthood, but our imagination does not fully cooperate. It is difficult to look at a photograph of a zygote and see a fellow human being. There are, however, two strong ways to better align our knowledge and our intuition. One is to look backward in the developmental process. It is easy to grasp that our fellow human beings all used to be zygotes. A second method is now becoming available. DNA can be used to reveal the future face and even the eyes of each …
Criminal Punishment And The Pursuit Of Justice, Michele C. Materni
Criminal Punishment And The Pursuit Of Justice, Michele C. Materni
Mike C Materni
Since the beginning of recorded history societies have punished offenders while at the same time trying to justify the practice on moral and rational grounds and to clarify the relationship between punishment and justice. Traditionally, deontological justifications, utilitarian justifications, or a mix of the two have been advanced to justify the imposition of punishment upon wrongdoers. In this article, I advance a new conceptual spin on the mixed theorist approach to criminal punishment – one that can hopefully resonate not just among legal philosophers, but also among ordinary citi- zens, i.e. the people who are most affected by the criminal …
Sudden Fight, Consent And The Principle Of Comparative Responsibility In The Indian Penal Code, Ian D. Leader-Elliott Professor
Sudden Fight, Consent And The Principle Of Comparative Responsibility In The Indian Penal Code, Ian D. Leader-Elliott Professor
Ian D Leader-Elliott Professor
An examination of the partial defence of 'sudden fight' in the Indian Penal Code with particular reference to the principle of 'comparative responsibility' of the victim and offender and the effect of that principle on the criminal liability of a defendant accused of unlawful homicide under the Code.