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Full-Text Articles in Social and Behavioral Sciences
Liability For Mass Sexual Abuse, Tsachi Keren-Paz, Richard Wright
Liability For Mass Sexual Abuse, Tsachi Keren-Paz, Richard Wright
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When harm is caused to victims by multiple injurers, difficult issues arise indetermining causation of, legal responsibility for, and allocation of liability forthose harms. Nowhere is this truer than in child pornography and sex traffickingcases, in which individuals have been victimized over extended periods oftime by hundreds or even many thousands of injurers, with multiple and oftenoverlapping victims of each injurer. Courts (and lawyers) struggle with thesesituations for a simple reason: they insist on applying tests of causation thatfail when the effect was over-determined by multiple conditions. The failure toproperly understand the causation issue has exacerbated failures to properlyunderstand and …
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
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No abstract provided.
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
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This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …