Social and Behavioral Sciences Commons^™

Conflict, Technology, And Integrative Thinking: The Past And Future Of Geopolitical Conflict, Paul L. Johnson

IPS/BAS 495 Undergraduate Capstone Projects

Conflict is constantly evolving, and it is evolving even faster now that the world finds itself in an age where information travels at the speed of light. Scholars of military doctrine and generational warfare are currently pondering the effects of cyber warfare on the already hectic and confusing fourth generation battlespace. Invariably, generals, pundits and politicians alike in countries across the world vie to acquire these “capabilities” for their benefit and the benefit of their nation. The last time a cutting-edge advance in kinetic weaponry was made in the form of the atomic bomb, hundreds of thousands of civilian lives …

An Ethical Discussion About The Responsibility For Protection Of Minors In The Digital Environment: A State-Of-The-Art Review, Charles Alves De Castro, Aiden Carthy, Isobel Oreilly Dr

Articles

Many ethical questions have been raised regarding the use of social media and the internet, mainly related to the protection of young people in the digital environment. In order to critically address the research question "who is responsible for ethically protecting minors in the digital environment?", this paper will review the main literature available to understand the role of parents, the government, and companies in protecting young people within the digital environment. We employed a holistic process that covers a state-of-the-art review and desk research. The article is divided into four sessions; (1) Government Policies from the European Union (EU) …

Persistence In The North Pacific: The Makah People And Their Fight To Protect Their Cultural Heritage, Jeff Cocci

Richard T. Schellhase Essay Prize in Ethics

In the Pacific Ocean, just off the coast of North America a whale swims blissfully unaware of its own significance. It is a Gray Whale; scientists would call it Eschrichtius robustus and at nearly forty feet long, it is large enough that it does not have to worry about sharks or other carnivorous animals. Yet there are those that are brave enough to hunt the whale. They are the Makah People of the Olympian Peninsula, in upper Washington state. By doing so, they place themselves at the center of a complex ethical debate amongst activists, scientists, and the general public. …

Unlovable Labour: Rejecting The "Do What You Love" Ideology, Trey Dykeman

Richard T. Schellhase Essay Prize in Ethics

Miya Tokumitsu’s article ‘In the Name of Love’ is polemic against what she refers to as the DWYL (Do What You Love) movement that has been most recognisably popularised and transformed by Steve Jobs. She denounces this movement as an insidious ideology cleverly disguised as an uplifting lifestyle which has as its tenets labour, profit, and individualism; through her analysis of these tenets, she unveils them as alienation, erasure, and precarity, respectively. Her insights aid her in her aim to demonstrate that these ideological pillars do not support the wellbeing of the proletariat but rather reinforce the rugged structure of …

Why Aim Law Toward Human Survival, John William Draper

Librarian Scholarship at Penn Law

Our legal system is contributing to humanity’s demise by failing to take account of our species’ situation. For example, in some cases law works against life and supports interests such as liberty or profit maximization.

If we do not act, science tells us that humanity bears a significant (and growing) risk of catastrophic failure. The significant risk inherent in the status quo is unacceptable and requires a response. We must act. It is getting hotter. When we decide to act, we need to make the right choice.

There is no better choice. You and all your relatives have rights. The …

Keeping Our Distinctions Straight: A Response To “Originalism: Standard And Procedure”, Mitchell N. Berman

All Faculty Scholarship

For half a century, moral philosophers have distinguished between a “standard” that makes acts right and a “decision procedure” by which agents can determine whether any given contemplated act is right, which is to say whether it satisfies the standard. In “Originalism: Standard and Procedure,” Stephen Sachs argues that the same distinction applies to the constitutional domain and that clear grasp of the difference strengthens the case for originalism because theorists who emphasize the infirmities of originalism as a decision procedure frequently but mistakenly infer that those flaws also cast doubt on originalism as a standard. This invited response agrees …

P/A Forum Symposia Animal Labour A New Frontier Of Interspecies Justice?, Jishnu Guha-Majumdar, Diego Rossello, Angie Pepper, Peter Niesen, Will Kymlicka, Charlotte E. Blattner

Scholarship and Professional Work - LAS

On April 15, 2021, a roundtable occurred at the annual conference of the Midwestern Political Science Association to discuss Animal Labour: A New Frontier of Interspecies Justice?, edited by Charlotte Blattner, Kendra Coulter, and Will Kymlicka, and published by Oxford University Press in February 2020. The following symposium contains expanded versions of the papers presented at the MPSA conference. Jishnu Guha-Majumdar introduces the edited volume and the contributions of the respondents in the symposium. Diego Rossello then discusses the book’s framing as “interspecies justice” and its definition of labor. Angie Pepper reflects on whether it is possible for animals …

Hume’S Politics And Four Dimensions Of Realism, Keith Hankins, John Thrasher

Philosophy Faculty Articles and Research

Debates between realists and idealists in contemporary political theory have been confused by a tendency to conflate several distinct methodological theses. This article distinguishes between four dimensions of realism and shows how a novel reading of Hume’s politics can help us make sense of the importance of these theses and the relationships between them. More specifically, we argue that a theory we call normative conventionalism can be distilled from two of Hume’s more surprising and controversial essays, “The Idea of a Perfect Commonwealth” and “That Politics May Be Reduced to a Science.” This theory views norms and institutions as conventional …

How Practices Make Principles, And How Principles Make Rules, Mitchell N. Berman

All Faculty Scholarship

The most fundamental question in general jurisprudence concerns what makes it the case that the law has the content that it does. This article offers a novel answer. According to the theory it christens “principled positivism,” legal practices ground legal principles, and legal principles determine legal rules. This two-level account of the determination of legal content differs from Hart’s celebrated theory in two essential respects: in relaxing Hart’s requirement that fundamental legal notions depend for their existence on judicial consensus; and in assigning weighted contributory legal norms—“principles”—an essential role in the determination of legal rights, duties, powers, and permissions. Drawing …

Undemocratic Crimes, Paul H. Robinson, Jonathan C. Wilt

All Faculty Scholarship

One might assume that in a working democracy the criminal law rules would reflect the community’s shared judgments regarding justice and punishment. This is especially true because social science research shows that lay people generally think about criminal liability and punishment in consistent ways: in terms of desert, doing justice and avoiding injustice. Moreover, there are compelling arguments for demanding consistency between community views and criminal law rules based upon the importance of democratic values, effective crime-control, and the deontological value of justice itself.

It may then come as a surprise, and a disappointment, that a wide range of common …

The Criminogenic Effects Of Damaging Criminal Law’S Moral Credibility, Paul H. Robinson, Lindsay Holcomb

All Faculty Scholarship

The criminal justice system’s reputation with the community can have a significant effect on the extent to which people are willing to comply with its demands and internalize its norms. In the context of criminal law, the empirical studies suggest that ordinary people expect the criminal justice system to do justice and avoid injustice, as they perceive it – what has been called “empirical desert” to distinguish it from the “deontological desert” of moral philosophers. The empirical studies and many real-world natural experiments suggest that a criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby …

Criminal Law’S Core Principles, Paul H. Robinson

All Faculty Scholarship

Modern criminal law scholars and policymakers assume they are free to construct criminal law rules by focusing exclusively on the criminal justice theory of the day. But this “blank slate” conception of criminal lawmaking is dangerously misguided. In fact, lawmakers are writing on a slate on which core principles are already indelibly written and realistically they are free only to add detail in the implementation of those principles and to add additional provisions not inconsistent with them. Attempts to do otherwise are destined to produce tragic results from both utilitarian and retributivist views.

Many writers dispute that such core principles …

Individualizing Criminal Law’S Justice Judgments: Shortcomings In The Doctrines Of Culpability, Mitigation, And Excuse, Paul H. Robinson, Lindsay Holcomb

All Faculty Scholarship

In judging an offender’s culpability, mitigation, or excuse, there seems to be general agreement that it is appropriate for the criminal law to take into account such things as the offender’s youthfulness or her significantly low IQ. There is even support for taking account of their distorted perceptions and reasoning induced by traumatic experiences, as in battered spouse syndrome. On the other hand, there seems to be equally strong opposition to taking account of things such as racism or homophobia that played a role in bringing about the offense. In between these two clear points, however, exists a large collection …