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From Betrayal to Violence: Dante's Inferno and the Social Construction of Crime
Abstract
This essay reflects on contemporary justifications for the grading of crimes, especially the conception that the gravity of crimes is rooted in “desert,” understood to depend particularly on the offender's state of mind and to a lesser extent on the harm done or threatened to society.
Drawing on Dante's Inferno , the essay shows how the gravity of crimes is socially constructed. For reasons rooted in the sociopolitical forces, as well as the philosophy and law of his day, Dante found the crimes most deserving of punishment to be those of betrayal of trust. He conceived such crimes to be the most deliberate and to do the most damage to the social fabric. Contemporary law has found that crimes of betrayal are generally less deserving of punishment than crimes of violence; the essay shows how social and historical forces, including even the traditions upon which Dante drew, have shaped this choice. In the course of grading crimes in this way, the law has altered its conceptions of “intent” as well as of harm to society so radically that the notion of “desert” has lost much of its coherence. The importance of trust in modern society, moreover, has been misunderstood in the contemporary grading of crimes.
... This sort of behavior foreshadows what today we call antitrust offenses (Geis, 1988). Embezzlement by knights and other officers of the king was also a common offense during the Middle Ages (Pike, 1873), and in Dante's Inferno the eighth circle of hell is reserved for the counsellors of fraud and the betrayal of trust (Chevigny, 2001). ...
This paper is a qualitative theological research discussing Dante Alighieri’s (d. 1321) account of LGBT-Q (Lesbian, Gay, Bisexual, Transgender, Queer) based on his major work, Inferno, with a particular reference to Medieval Christian tradition. Accordingly, this paper used content analysis to apprehend major literature on Dante and LGBT-Q. This paper concluded that the term Sodom and Gomorrah, the cities demolished due to homosexual violation, is apparent in his work. Furthermore, as several Biblical texts also suited the concrete image of those cities, Dante’s Inferno also presented Medieval Christian position concerning homosexuality, which is condemn homosexuality as lust against the role of nature, so it is equated with committing violence against God.
En el marco de la criminalidad en el interior de la empresa se originan ciertos deberes de vigilancia y control del empresario, respecto de aquellos delitos que llegan a cometerse en su esfera de organización, en virtud de los cuales pueden llegar a imputársele distintos grados de responsabilidad por el hecho ajeno. Junto a ello, se erigen también determinados límites que derivan del debido respeto a la privacidad del trabajador. Así, con base en tales límites, la implementación de estrategias de prevención y control debe realizarse conforme a ciertos principios que logren un equilibrio entre los intereses contrapuestos, sin que puedan desarrollarse medidas de injerencia de forma ilimitada. El presente artículo se propone analizar los problemas apuntados tratando de establecer ciertos fundamentos ético-jurídicos que subyacen en este ámbito, aportando desde un enfoque personalista-comunitarista algunos principios materiales que orienten la práctica empresarial.
El objetivo principal de esta investigación es el análisis de las memorias emblemáticas creadas por los sectores populares, la intelectualidad radical y los tinoquistas durante la dictadura de Federico Tinoco Granados (1917-1919) y la transición democrática – conocida como Proceso de la Restauración – llevada a cabo entre 1920 y 1924. Se analizarán las confrontaciones de estas memorias en los medios de comunicación, el espacio público y en las instituciones del Estado y el efecto a largo plazo que tuvo las políticas de conciliación formuladas e impulsadas por el gobierno de Julio Acosta García en el recuerdo colectivo del periodo dictatorial.
El primer capítulo tendrá como propósito identificar los eventos de ruptura, situaciones que debilitan o destruyen la convivencia social de los individuos y grupos que componen la sociedad. Para lograrlo, el capítulo repasará primeramente la dinámica social y la legitimación del Golpe de Estado del 27 de enero de 1917, los discursos de protesta, los movimientos sociales que se enfrentaron al régimen y la represión del Estado. Debido a que la experiencia del golpe de Estado es diferenciada en cada grupo social, la última parte del capítulo tendrá como objetivo la localización del evento de ruptura que permitirá la construcción de cuatro memorias emblemáticas: salvación, resistencia, sanción y conciliación.
El segundo capítulo se centrará en el análisis de la memoria de salvación y las estrategias simbólicas que permiten la apropiación y conexión de las experiencias individuales que forman el emblema de salvación. Los responsables de este proceso son los actores sociales que se transformaron en portavoces de la memoria – los tinoquistas –, las conmemoraciones, actos públicos y los monumentos. Se pondrá especial atención al papel de los Clubes 27 de Enero como los principales portavoces del régimen y los responsables de legitimar mediante actividades sociales y desfiles al golpe de Estado del 27 de enero, como una fecha gloriosa. Posteriormente, se analizarán las políticas de la memoria que utilizó el tinoquismo para inmortalizar esa fecha en el espacio público de la ciudad de San José.
El tercer capítulo analizará los nudos de la memoria de la memoria de resistencia, que surgió a partir del asesinato político de Rogelio Fernández Güell y que se transformó en la base moral de las tesis de sanción de los “restauradores”. Se ofrecerá un breve esbozo del movimiento armado liderado por Fernández Güell, su muerte, cómo es recibida la noticia en la capital, la confrontación de las versiones del asesinato y el impacto a nivel nacional e internacional del folleto de Marcelino García Flamenco como catalizador del emblema de resistencia. Posteriormente, se detallarán los pormenores que llevaron a la construcción de una memoria heroica, por medio de las conmemoraciones, monumentos y funerales de Estado, y el papel de estos espacios como lugares de confrontación entre las tesis de sanción y conciliación.
El cuarto capítulo está enfocado a dilucidar los efectos de las políticas de conciliación surgidas durante el gobierno de Julio Acosta, en el largo plazo. En la primera parte, se explorará el impacto político que tuvo la revolución del Sapoá y la creación de las proclamas que sustentaron el espíritu de sanción. En la segunda parte, se analizará las intenciones de los portavoces de las tesis de sanción, “los restauradores”, para crear una memoria de sanción y cómo estos esfuerzos debieron luchar por su espacio en contra de las políticas de conciliación, de naturaleza eminentemente anti-memoria. En la tercera parte se analizará en el largo plazo los efectos del perdón y el olvido en la política costarricense, tomando en cuenta el uso electoral de los “estigmas tinoquistas” en las carreras electorales de 1927, 1931 y 1935; el uso que hicieron del tinoquismo José Figueres Ferrer y Alberto Cañas para legitimar la Guerra Civil de 1948; y la construcción de la memoria emblemática de conciliación, como un producto del contexto posguerra civil y materializado en el monumento a Julio Acosta García inaugurado en 1963.
This book reconstructs the foundations of developmental and educational psychology and fills an important gap in the field by arguing for a specific spatial turn so that human growth, experience and development focus not only on time but space. This regards space not simply as place. Highlighting concrete cross-cultural relational spaces of concentric and diametric spatial systems, the book argues that transition between these systems offers a new paradigm for understanding agency and inclusion in developmental and educational psychology, and for relating experiential dimensions to causal explanations. The chapters examine key themes for developing concentric spatial systemic responses in education, including school climate, bullying, violence, early school leaving prevention and students’ voices. Moreover, the book proposes an innovative framework of agency as movement between concentric and diametric spatial relations for a reconstruction of resilience. This model addresses the vital neglected issue of resistance to sheer cultural conditioning and goes beyond the foundational ideas of Bronfenbrenner’s ecological systems theory, as well as Vygotsky, Skinner, Freud, Massey, Bruner, Gestalt and postmodern psychology to reinterpret them in dynamic spatial systemic terms. Written by an internationally renowned expert, this book is a valuable resource for academics, researchers and postgraduate students in the areas of educational and developmental psychology, as well as related areas such as personality theory, health psychology, social work, teacher education and anthropology.
This article explores how society defines acts of bribery and whether the demarcation between acts of official bribery and acts of commercial bribery retains any relevance in a world where public services are increasingly privatised and delivered by corporate actors. It examines the modern construction of bribery offences through the lens of legal moralism and liberalism to determine whether there are sufficient grounds to justify the imposition of criminal sanctions on persons and corporations who engage in such conduct. Next, it outlines the bribery laws in the United Kingdom compared with laws in Australia and discusses possible law reforms to tackle commercial bribery, as distinct from official bribery, in Australia.
The philosophical construction of justice has developed over time, with new applications, interpretations, and views of justice emerging. This chapter considers the historical, political, and current contexts of youth justice in light of the philosophical development and application of social and criminal justice. Historically, youth justice has been guided by different standpoints or principles, such as punishment, desert, welfarism, responsibilisation, and neo-correctionism. These are considered in terms of “justice” and evaluated in their ability to support young people in desistance from crime. Through this discussion, the divide between welfare and justice approaches to working with young people who offend emerges, and the impact of this upon youth justice as a whole. The divide between welfare and justice is reflective of two forms of justice that are applied to young people—social and criminal justice. Within this chapter it is argued that previous versions of youth justice have not resolved these two positions within practice, and so conflicts have emerged within practice. As youth justice is an inherently criminal justice organisation, using social justice to structure practice within this field may be a possibility to improve practice and help achieve the aims of youth justice.
Dante's Deadly Sins is a unique study of the moral philosophy behind Dante's master work that considers the Commedia as he intended, namely, as a practical guide to moral betterment. Focusing on Inferno and Purgatorio, Belliotti examines the puzzles and paradoxes of Dante's moral assumptions, his treatment of the 7 deadly sins, and how 10 of his most powerful moral lessons anticipate modern existentialism. Analyzes the moral philosophy underpinning one of the greatest works of world culture Summarizes the Inferno and Purgatorio, while underscoring their moral implications Explains and evaluates Dante's understanding of the 'Seven Deadly Sins' and the ultimate role they play as the basis of human transgression. Provides a detailed discussion of the philosophical concepts of moral desert and the law of contrapasso, using character case studies within Dante's work Connects the poem's moral themes to our own contemporary condition.
The proliferation of armed security contractors in Iraq and Afghanistan has led to widespread criticism of their insufficient control through international laws and conventions. This article suggests that one reason for this omission has been the (re)construction of actors who provide armed force for profit in international legal discourses. During most of the 20th century, armed persons who participated in foreign conflicts for monetary gain were identified as ‘mercenaries’. They were outlawed through international legal documents such as the United Nations (UN) Convention on Mercenarism and given restricted rights in the First Additional Protocol to the Geneva Conventions. Today, the same types of actors are increasingly defined as ‘private security contractors’, and new discourses and international agreements are emerging that attribute to them legality and legitimacy. The aim of this article is to examine the changing legal constructions of armed security providers since the 1970s and the consequences with respect to their control. The article argues that the (re)construction of actors who supply armed force for money in international legal discourses has been made possible by three main discursive strategies: the distinction between persons and corporations providing armed force for profit, the changing focus from the motivations of these actors to their relationship to a ‘responsible command’, and the shift from a concern about the actors to one about certain activities.
Where should the line between serious criminal fraud and lawful 'puffing' be drawn? What constitutes tax evasion beyond mere 'tax avoidance'? What separates obstruction of justice from 'zealous advocacy', or insider trading from 'savvy investing'? Can we meaningfully distinguish bribery from 'campaign contributions', or perjury from 'wiliness' on the witness stand? A look at some of the most high profile white collar crime cases in recent history will quickly reveal that there can sometimes be a fine line between serious fraudulent conduct and behaviour which, though it might be shrewd, crafty, or even devious, is not ultimately criminal. According to the traditional conception of the criminal law, penal sanctions should be used as a 'last resort', applicable only to conduct that is truly and unambiguously blameworthy. White-collar crime poses a serious challenge to this traditional view. This is the first book to use the tools of moral and legal theory as a means to examine a range of specific white-collar offenses, aiming to develop and apply a methodology that will allow us to make meaningful distinctions between genuine white collar criminality and merely aggressive business behavior. Particular attention is paid to the concept of moral wrongfulness, which is described in terms of violations of a range of familiar, but nevertheless powerful, moral norms that inform and shape the leading white-collar criminal offenses - norms against not only lying, cheating, and stealing, but also coercion, exploitation, disloyalty, promise-breaking, and defiance of law. It is through such analysis that the whole moral fabric of white-collar crime is brought into sharp relief.
Unique social psychological conditions exist that enable capital jurors to contemplate, discuss, and take actions to bring about the death of another. This article discusses five methods of moral disengagement in the context of existing capital trial procedures: the dehumanization of the victim, the exaggeration of difference, the perception that one's actions are compelled by self-protection or self-defense, the minimization of the human consequences of one's actions, and the diffusion of personal responsibility through reliance on instructional authorization. These mechanisms are essential to any system of democratically administered capital punishment that depends on ordinary citizens to overcome deep-seated prohibitions against violence and assist in taking the life of a fellow citizen.
1. issued in paperback Bibliogr. s. 210-222
Virtually all known human groups have devised and regularly used techniques for altering consciousness, among which alcohol and drugs are prominent. James B. Bakalar and Lester Grinspoon offer a provocative analysis of the philosophical and historical foundations for efforts to control these techniques in industrial societies. What are the rights of individuals to diversity and enrich their experience? What, conversely, are the obligations of governments to protect their citizens? The authors explore the relevance to drug control of traditional doctrines of political liberty. They discuss the ideas of addiction, dependence, and compulsive drug use, central in both medical and legal definitions of drug abuse. They consider the history and sociology of modern drug control, and go on to present a useful typology of the forms of drug control. After assessing each point, they examine alternative ways of looking at what is usually called the drug problem. The book will be of interest to all those concerned with drugs and social control, in a wide range of fields.
This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition which will be published by OUP in three volumes, the first of which is scheduled to appear in January 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
The U.S. crime rate has dropped steadily for more than a decade, yet the rate of incarceration continues to skyrocket. Today, more than 2 million Americans are locked in prisons and jails with devastating consequences for poor families and communities, overcrowded institutions and overburdened taxpayers. How did the U.S. become the world's leader in incarceration? Why have the numbers of women, juveniles, and people of color increased especially rapidly among the imprisoned? The Politics of Injustice: Crime and Punishment in America, Second Edition is the first book to make widely accessible the new research on crime as a political and cultural issue. Katherine Beckett and Theodore Sasson provide readers with a robust analysis of the roles of crime, politics, media imagery and citizen activism in the making of criminal justice policy in the age of mass incarceration.is the first book to make widely accessible the new research on crime as a political and cultural issue. Katherine Beckett and Theodore Sasson provide readers with a robust analysis of the roles of crime, politics, media imagery and citizen activism in the making of criminal justice policy in the age of mass incarceration.
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Accusing, condemning, and avenging are part of our daily life. However, a review of many years of literature attempting to analyze our blaming practices suggests that we do not understand very well what we are doing when we judge people culpable for a wrong they have committed. Of course, everyone agrees that, for example, someone deserves censure and punishment when she is guilty of a wrong, and the law has traditionally looked for a mens rea, or “guilty mind,” in order to convict someone of a criminal wrongdoing. But philosophers and legal theorists have found it interestingly difficult to say what mens rea is. For example, noting the way in which we intuitively think people aren't culpable for a crime if they disobey the law by mistake, or under duress, or while insane, theorists such as H.L.A. Hart have tried to define mens rea negatively, as that which an agent has if he is not in what we consider to be an excusing state. But such an approach only circumscribes and does not unravel the central mystery; it also fails to explain why the law recognizes any excusing states as mitigating or absolving one of guilt, much less why all and only the excusing states that are recognized by the law are the right ones. Moreover, the Model Penal Code, which gives a very detailed account of the kinds of mental states which justify criminal conviction, does not tell us (nor was it designed to tell us) why these states of mind (e.g., knowledge, purposiveness, intention, assumption of risk of harm, negligence) are relevant to an assessment of legal guilt.
The new penology argues that an important new language of penology is emerging. This new language, which has its counterparts in other areas of the law as well, shifts focus away from the traditional concerns of the criminal law and criminology, which have focused on the individual, and redirects it to actuarial consideration of aggregates. This shift has a number of important implications: It facilitates development of a vision or model of a new type of criminal process that embraces increased reliance on imprisonment and that merges concerns for surveillance and custody, that shifts away from a concern with punishing individuals to managing aggregates of dangerous groups, and that affects the training and practice of criminologists.
Can liberals consistently be retributivists? Can a theory of punishment that approves the use of state power, not in pursuit of the social goals of crime control and harm prevention, but rather in pursuit of a purely moral objective be consistent with the liberal theory of the state that values rights and liberty as the primary political values? This article addresses these fundamental concerns by critiquing the arguments of Feinberg, Herbert Morris’s freeriding criminal conduct theory, and Michael Moore’s arguments. To answer these questions, it explores a version of liberalism coined communitarian liberalism, which posits that the liberal state exists not simply to protect rights by punishing their violation but also to foster a social climate in which human rights are respected and in which autonomy is a realistic option for all citizens. This allows for positive assistance to the poor, but prohibits negative proscription by the criminal law on completely independent acts. This argument, however, is ultimately rejected in favor of concluding that those versions of retributivism that are fairly weak - representing either side-constraints or secondary aims of punishment - are probably compatible with liberalism. The robust and most emotionally compelling versions of retributivism, however, probably are not.
Ignorantia legis non excusat -- ignorance of the law does not excuse -- is a centuries-old criminal law maxim familiar to lawyer and layperson alike. Under the doctrine, an accused finds little protection in the claim "But I did not know the law," for all are presumed either to be familiar with the law's commands or to proceed in ignorance at their own peril. The ignorant must be punished, the maxim teaches, to achieve a better educated and more law-abiding populace and to avoid the easy-to-assert and difficult-to-dispute claim of ignorance that would otherwise flow to the lips of any person facing criminal punishment. Despite this country's long-standing allegiance to the hoary maxim, over the last century, and in particular over the last decade, the courts have seriously eroded the ignorantia legis principle by frequently construing the mens rea term "willfully" to require proof of an accused's knowledge of the law. The erosive effect that these constructions have had on the ignorantia legis maxim is referred to in this Article as the "jurisprudence of willfulness." Professor Davies demonstrates that, contrary to the maxim, the number of federal criminal statutes that have been construed to impose such a heightened mens rea requirement is already quite large. The Article reveals that, if the courts continue to employ their current interpretive approach to the term "willfully," at least 160 additional federal statutes containing the term are at risk of similar treatment. The author argues that contemporary constructions of the troublesome scienter term to impose a knowledge of the law element have been grounded on doubtful, unchallenged logic and have bequeathed a legacy of grave interpretive confusion. Professor Davies maintains that much of the "jurisprudence of willfulness" is inimical to congressional judgments and, therefore, violative of rule of law and separation of powers principles. The Article urges a return to the ignorantia legis principle in all cases in which a clear legislative intent to abandon the maxim when employing the term "willfully" is missing.
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Sumario: Policing as risk communications -- Policing, risk and law -- Community policing and risk communications -- Risk discourse -- Risk institutions -- Risk and social change -- Tracing territories -- Mobilizing territories -- Territorial communities -- Securities -- Careers -- Identities -- Knowledge risk management -- Communication rules -- Communication formats -- Communication technologies Bibliografía: P. 453-470
Photocopy of original (typescript) Thesis (Ph. D.)--Loyola University of Chicago, 1997. Vita. Includes bibliographical references (leaves 340-351).
This article addresses the law's concept of the person and its relation to responsibility and the excusing conditions. It demonstrates that causation of behavior in general, even pathological biological causation, is not itself and excuse and suggests that the incapacity for rationality is the genuline basis of moral and legal excuse. The paper concludes by applying its theses to the case of Spyder Cystkopf, a man with a confirmed subarachnoid cyst, who killed his wife during a heated argument with her.
action needs to be stated with some care. Defenders of absolutism throughout the ages, from Bodin, Richelieu, and Louis XIV to Stalin and Mao Tse-tung, have sought to present their own putatively legitimate political authority as founded in fact upon the profound and pervasive trust of its faithful and law-abiding subjects, contested only by the wilfully and inexcusably <<74>> contumacious. But one may doubt in fact whether the passion of trust can ever have been a very prominent characteristic of intricate and massively inegalitarian political relations - perhaps indeed of any political relations of substantial demographic or geographic scope. 2 Certainly it is scarcely a prominent feature, or a natural consequence of either of the leading forms of contemporary state: the huckstering interest brokerage of advanced capitalist democracies or the petulant accents of monopolistic party authority in existing socialist states. Nor, it may be as well to add, would there be
Doing Justice: The Choice of Punishments: Report of the Com-mittee for the Study of Incarceration York: Harrow and Heston. ment and the Impulse to Condemn to Death Past or Future Crimes
- Hirsch
- Andrew
- Wang Hill
- York
Hirsch, Andrew von. 1976. Doing Justice: The Choice of Punishments: Report of the Com-mittee for the Study of Incarceration. New York: Hill and Wang. York: Free Press. sity Press. Scrutiny. New York Tmes, 27 October, p. A l, col. 4. York: Harrow and Heston. ment and the Impulse to Condemn to Death. Stanford Law Review 49:1447-86.. 1985. Past or Future Crimes. New Brunswick N.J.: Rutgers University Press.
Ruling Puts Leniency, a Top Tool for Prosecutors, under Groves Punishment and Privilege
- Glaberson
- William
Glaberson, William. 1998. Ruling Puts Leniency, a Top Tool for Prosecutors, under Groves, W. B., and Graeme Newman, eds. 1986. Punishment and Privilege. Albany, New Hampton, Jean. 1990. Mens Rea. Social Philosophy and Policy 7 (2): 4-28.
Trust: The Social Virtues and the Creation of Prosper@. New Giddens, Anthony. 1990. Consequences of Modernity D a d s Conception ofJustice
- Fukuyama
- Francis
Fukuyama, Francis. 1995. Trust: The Social Virtues and the Creation of Prosper@. New Giddens, Anthony. 1990. Consequences of Modernity. Stanford, Calif: Stanford Univer-Gilbert, Allan. 1971. D a d s Conception ofJustice. New York: AMS Press.
Violence and the Capital Jury: Mechanisms of Moral Disengage-Harm v. Culpability. 1994. Journal of Contemporary Legal Issues
- Haney
- Craig
Haney, Craig. 1997. Violence and the Capital Jury: Mechanisms of Moral Disengage-Harm v. Culpability. 1994. Journal of Contemporary Legal Issues. 51-398.
The Sentencing Commission and Its Guidelines
- Andrew Von Hirsch
- Kay Knapp
- Michael Tonry
Hirsch, Andrew von, Kay Knapp, and Michael Tonry. 1987. The Sentencing Commission and Its Guidelines. Boston: Northeastern University Press.
The Common Law Boston: Little, Brown. Holmes, Stephen. 1997. What Russia Teaches Us Now
- W Holmes
- Jr
- J M Kaye
Holmes, 0. W. Jr. 1881. The Common Law. Boston: Little, Brown. Holmes, Stephen. 1997. What Russia Teaches Us Now. American Prospect, July-August, Kaye, J. M. 1967. Early History of Murder and Manslaughter. Law Quarterly Review Keedy, Edwin. 1949. History of the Pennsylvania Statute Creating Degrees of Murder.
CIA Chief Vowed to Quit if Clinton Freed Israeli Spy
- J Risen
- S Erlanger
Risen, J., and S. Erlanger. 1998. CIA Chief Vowed to Quit if Clinton Freed Israeli Spy.
New York Times, 11 November, Al.
Market Culture, Reckless Passion, and the Victorian Reconstruction of Punishment
- Martin Wiener
Wiener, Martin. 1993. Market Culture, Reckless Passion, and the Victorian Reconstruction of Punishment. In Culture of the Market, ed. Thomas Haskell and Richard
Teichgraeber. New York: Cambridge University Press.
Bureau of Justice Statistics Special Report: Juvenile Felony Defendants in Criminal Courts
- U S Department
- Justice
U.S. Department of Justice. 1998. Bureau of Justice Statistics Special Report: Juvenile Felony
Defendants in Criminal Courts. Washington, D.C.: Department of Justice.
Crime, Market-Liberalism and the European Idea In The New European Criminology: Crime and Social Order in Europe
- Ian Taylor
Taylor, Ian. 1998. Crime, Market-Liberalism and the European Idea. In The New European Criminology: Crime and Social Order in Europe, ed. Vincenzo Ruggiero, Nigel
Smith, and Ian Taylor. London: Routledge.