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Articles 361 - 376 of 376
Full-Text Articles in Legal Theory
Broadly Speaking - March 30, 1998, Nova Southeastern University
Broadly Speaking - March 30, 1998, Nova Southeastern University
Broadly Speaking
No abstract provided.
Broadly Speaking - February 17, 1998, Nova Southeastern University
Broadly Speaking - February 17, 1998, Nova Southeastern University
Broadly Speaking
No abstract provided.
Broadly Speaking - January 26, 1998, Nova Southeastern University
Broadly Speaking - January 26, 1998, Nova Southeastern University
Broadly Speaking
No abstract provided.
Broadly Speaking - November 19, 1997, Nova Southeastern University
Broadly Speaking - November 19, 1997, Nova Southeastern University
Broadly Speaking
No abstract provided.
Broadly Speaking - October 15, 1997, Nova Southeastern University
Broadly Speaking - October 15, 1997, Nova Southeastern University
Broadly Speaking
No abstract provided.
Broadly Speaking - September 10, 1997, Nova Southeastern University
Broadly Speaking - September 10, 1997, Nova Southeastern University
Broadly Speaking
No abstract provided.
Broadly Speaking - April 22, 1997, Nova Southeastern University
Broadly Speaking - April 22, 1997, Nova Southeastern University
Broadly Speaking
No abstract provided.
Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University
Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University
Broadly Speaking
No abstract provided.
Broadly Speaking - March 10, 1997, Nova Southeastern University
Broadly Speaking - March 10, 1997, Nova Southeastern University
Broadly Speaking
No abstract provided.
Legal Enforcement Of Morality, Kent Greenawalt
Legal Enforcement Of Morality, Kent Greenawalt
Faculty Scholarship
In modern Western political and legal thought, the subject of legal enforcement of morality is narrower than the literal coverage of those terms. That is because much legal enforcement of morality is uncontroversial and rarely discussed. Disagreement arises only when the law enforces aspects of morality that do not involve protecting others from fairly direct harms. More precisely, people raise questions about legal requirements (1) to perform acts that benefit others, (2) to refrain from acts that cause indirect harms to others, (3) to refrain from acts that cause harm to themselves, ( 4) to refrain from acts that offend …
Play Fair With Punishment, Richard Dagger
Play Fair With Punishment, Richard Dagger
Political Science Faculty Publications
If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.
County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer
County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer
San Diego Law Review
When a social worker receives a complaint of child abuse and determines that the situation is non-urgent, should the county welfare department be held liable for subsequent injury to the child? This Comment analyzes the four contexts in which a special relationship with a county welfare department may arise and concludes that a duty of care should not be imposed upon county welfare departments in these situations. The author concludes that if the social worker reasonably determines that the situation was non-urgent, the county welfare department should not be held liable. Alternatively, even if a duty of care is imposed, …
Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan
Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan
Articles by Maurer Faculty
In this paper we examine the sanctioning of one type of political deviance, draft resistance, in two different social and political contexts: an era of coercive control and a period of cooptive control. A focus on the sanctioning of draft resisters allows a unique opportunity to examine the societal response to what the New Criminologists (Taylor et al., 1973:267) describe as the "purposive creator and innovator of action" whose crimes are the product of ". . . individual or collective action taken to Resolve... inequalities of power and interest." Our data cover a fourteen year period and consist of information …
Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen
Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen
Buffalo Law Review
No abstract provided.
Sanctions And Deviance: Another Look, Herbert Kritzer
Sanctions And Deviance: Another Look, Herbert Kritzer
IUSTITIA
In the past several years, there has been an extended dialogue in the literature concerning the question of the efficacy of sanctions as a means of deterring criminal behavior. There is some convincing evidence that threatened sanctions can and do deter some forms of behavior, such as parking violations and income tax evasion. Do these findings extend to other forms of behavior which our society has defined as criminal? This issue is considered by Gibbs in an article which appeared to find a clear link between the certainty and severity of sanctions and the murder rate. Gibbs' article stimulated additional …
Justice In The 20th Century, Jerome Hall
Justice In The 20th Century, Jerome Hall
Articles by Maurer Faculty
No abstract provided.