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Breaking Laws, Just and Unjust 违法,公正与不公正
Q2 Social Sciences Pub Date : 2021-09-02 DOI: 10.1080/0731129X.2021.1997159
Sarah W. Hirschfield
Can a state punish citizens for breaking unjust laws? In his engaging defense of democratic political authority, Stephen P. Garvey answers affirmatively. Guilty Acts, Guilty Minds sets up a debate between philosophical anarchists, who think that a state can punish lawbreakers only if its laws are just, and statists, who think that a state can punish lawbreakers even if its laws are unjust. Garvey defends a version of statism that recognizes democratic political authority and defines the limits of this authority using the concepts of actus reus (guilty act) and mens rea (guilty mind). Guilty Acts, Guilty Minds provides an accessible overview of major issues in criminal and moral thought, exploring the terrain with nuance and care. The book uses real cases as starting points for discussions of issues such as insanity, duress, and incapacitation. Garvey writes for non-specialists, avoiding jargon and relegating his debates with other scholars to the footnotes, successfully pointing those looking for more detail and argumentation to the relevant scholarly literature. His larger aim—to draw the bounds of state authority using the concepts of actus reus and mens rea—is refreshingly novel and topical, especially at a time where many are wondering how state action can be legitimate when its laws are unjust. Garvey’s defense of democratic authority will spur discussions among his readers about what those limits ought to be —whether they agree with him or not. The book is divided into six chapters. Chapter 1 sketches the debate between the anarchists and statists. Chapters 2, 3, and 4 provide an overview of the actus reus and mens rea requirements for crimes committed knowingly and unknowingly. Chapter 5 covers the insanity defense. Chapter 6 returns to the debate between anarchists and statists. Chapter 1 defends a version of statism. Contra the philosophical anarchist, who “makes no distinction between justice and legitimacy,” the statist recognizes that the state can Sarah W. Hirschfield, Email: sarah.w. hirschfield@gmail.com Criminal Justice Ethics, 2021 Vol. 40, No. 3, 269–273, https://doi.org/10.1080/0731129X.2021.1997159
一个国家能惩罚违反不公正法律的公民吗?在他对民主政治权威的有力辩护中,斯蒂芬·P·加维给出了肯定的回答。《有罪行为,有罪思想》在哲学无政府主义者和国家主义者之间引发了一场辩论,前者认为一个国家只有在法律公正的情况下才能惩罚违法者,后者认为一个州即使法律不公正也可以惩罚违法者。加维为承认民主政治权威的国家主义版本辩护,并使用actus reus(有罪行为)和mens rea(有罪心理)的概念定义了这种权威的局限性。《有罪的行为,有罪的思想》提供了对犯罪和道德思想中主要问题的一个可访问的概述,以细微的差别和谨慎探索了这一领域。这本书使用真实的案例作为讨论精神错乱、胁迫和丧失行为能力等问题的起点。加维为非专家写作,避免使用行话,并将他与其他学者的辩论放在脚注中,成功地将那些寻求更多细节和论证的人引向了相关的学术文献。他的更大目标——利用犯罪事实和犯罪意图的概念划定国家权力的界限——是令人耳目一新的新颖性和话题性,尤其是在许多人想知道当法律不公正时,国家行为如何合法的时候。加维对民主权威的辩护将促使他的读者讨论这些限制应该是什么——无论他们是否同意他的观点。这本书分为六章。第一章概述了无政府主义者和中央集权主义者之间的争论。第二章、第三章和第四章概述了明知和不知情犯罪的犯罪事实和犯罪意图要求。第五章介绍了精神错乱的辩护。第六章回到无政府主义者和国家主义者之间的争论。第一章为一种国家主义辩护。与“不区分正义和合法性”的哲学无政府主义者相反,国家主义者认识到国家可以Sarah W.Hirschfield,电子邮件:Sarah.W。hirschfield@gmail.com《刑事司法伦理》,2021年第40卷,第3期,269–273,https://doi.org/10.1080/0731129X.2021.1997159
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引用次数: 0
The Law vs. the Sword: Arthur Ripstein’s Account of the Morality and Law of War 法律与刀剑:亚瑟·里普斯坦对战争道德与法律的描述
Q2 Social Sciences Pub Date : 2021-09-02 DOI: 10.1080/0731129X.2021.1993673
Cécile Fabre
Suppose that state A wages war against state D. We want to know at least three things. First, does state A have a moral and legal justification for going to war? Second, what may and must those states’ armed forces do, morally and legally, in the course of fighting their war? Third, if those states’ leaders and ordinary soldiers act wrongly and/or illegally, ought they be punished and if so, by whom? In the parlance of just war theory, we want to know what moral and legal norms regulate the resort to war ( jus ad bellum), belligerents’and soldiers’ conduct in war ( jus in bello), and their conduct after war ( jus post bellum). Arthur Ripstein’s Rules for Wrongdoers, which is the published text of his Berkeley Tanner Lectures on Human Values, offers novel and interesting responses to those questions. It includes comments by Oona Hathaway, Christopher Kutz and Jeff McMahan, and Ripstein’s response to those comments. The book’s chief aim is to provide a solution to a deep and important puzzle about the morality and the law of war. The puzzle is this: According to the law of war and the moral norms which underpin it, states may not (morally and legally) initiate war against other states. They may resort to war only (a) to defend their territorial integrity and political independence against a military aggression, (b) to come to one another’s assistance in the face of aggression, or (c) to prevent the commission of atrocities in other states. Failing that, they and their leadership commit the moral wrong and the legal crime of aggression. Once the war has started, soldiers from both sides are prohibited from employing a range of tactics. In particular, they are legally and morally prohibited from deliberately killing anyone who is not or is no longer participating in the war, such as soldiers who have surrendered and, crucially, innocent civilians. They are also ∗Cécile Fabre. Email: cecile.fabre@all-souls. ox.ac.uk Criminal Justice Ethics, 2021 Vol. 40, No. 3, 256–268, https://doi.org/10.1080/0731129X.2021.1993673
假设A州对D州发动战争。我们至少想知道三件事。首先,A州是否有发动战争的道德和法律依据?第二,这些国家的武装部队在战争过程中,在道德和法律上可以做什么,也必须做什么?第三,如果这些国家的领导人和普通士兵行为错误和/或非法,他们应该受到惩罚吗?如果是,由谁来惩罚?用正义战争理论的说法,我们想知道是什么道德和法律规范规范了诉诸战争(战争法)、交战方和士兵在战争中的行为(战时法)以及他们在战争后的行为(战后法)。Arthur Ripstein的《犯错者规则》是他在伯克利-坦纳人类价值观讲座上发表的文本,对这些问题做出了新颖而有趣的回答。其中包括Oona Hathaway、Christopher Kutz和Jeff McMahan的评论,以及Ripstein对这些评论的回应。这本书的主要目的是解决一个关于战争道德和法律的深刻而重要的谜题。难题在于:根据战争法及其背后的道德规范,国家不得(在道德和法律上)对其他国家发动战争。他们可能诉诸战争,只是为了(a)捍卫其领土完整和政治独立免受军事侵略,(b)在面对侵略时相互援助,或(c)防止在其他国家犯下暴行。如果做不到这一点,他们和他们的领导就犯下了道德错误和侵略的法律罪行。一旦战争开始,双方士兵都被禁止使用一系列战术。特别是,法律和道义上禁止他们蓄意杀害任何没有或不再参与战争的人,例如投降的士兵,以及至关重要的无辜平民。他们也是*Cécile Fabre。电子邮件:cecile.fabre@all-souls.ox.ac.uk《刑事司法伦理》,2021年第40卷,第3期,256-268,https://doi.org/10.1080/0731129X.2021.1993673
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引用次数: 1
Witness Preparation before Trial in Anglo-American Law: Aims, Dangers, and Remedies 英美法的审前证人准备:目的、危险与救济
Q2 Social Sciences Pub Date : 2021-09-02 DOI: 10.1080/0731129X.2021.2010360
Guy Ben-David
Witness preparation before trial constitutes one of the lawyers’ most important and fundamental tools in the practice of criminal law. It fulfills the lawyer's professional duties both towards their client and towards the court, and it also contributes to the effectiveness of the judicial process. Despite the centrality and importance of this practice, it creates ethical and evidentiary difficulties. Conducting such an interview is often accompanied by the fear that the interview will be abused and might serve as an improper means to guide and coach the witness out of court. The fears and dangers embodied in witness interviews highlight the need for an arrangement for both the ethical and evidentiary aspects involved. In this article, I discuss the purposes of witness preparation, the risks and difficulties that it entails, the regulation of this practice in Anglo-American law (the US, England, Israel, Canada, Australia and New Zealand), and I suggest a possible model arrangement that would, in my opinion, provide a comprehensive response to the concerns and difficulties this practice engenders and which can contribute to lawyers’ professionalism and promote the purposes of criminal procedure.
审判前证人准备是律师在刑事法律实践中最重要和最基本的工具之一。它既履行了律师对其委托人和法院的专业职责,也有助于提高司法程序的有效性。尽管这种做法具有中心地位和重要性,但它造成了道德和证据方面的困难。在进行这种面谈时,人们常常担心面谈会被滥用,可能会成为引导和指导证人离开法庭的不适当手段。证人面谈所体现的恐惧和危险突出表明需要对所涉及的道德和证据方面作出安排。在本文中,我讨论了证人准备的目的、风险和困难,以及英美法(美国、英国、以色列、加拿大、澳大利亚和新西兰)对这一做法的监管,并提出了一种可能的模式安排,在我看来,这种安排将全面回应这一做法所带来的担忧和困难,并有助于律师的专业精神和促进刑事诉讼的目的。
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引用次数: 0
The Paradox of Innocence: Why Abolishing the Death Penalty May Increase Miscarriages of Justice 无罪悖论:为什么废除死刑会增加司法失误
Q2 Social Sciences Pub Date : 2021-09-02 DOI: 10.1080/0731129X.2021.2013684
Garret Merriam
As long as we have a death penalty we will inevitably execute innocent people. It has been argued by many scholars, such as Michael Radelet, Hugo Bedau and Constance Putnam, that such miscarriages of justice mean we should abolish the death penalty. I argue that, paradoxically, if we do abolish the death penalty more innocent people may be punished for crimes they did not commit. Miscarriages of justice may increase because the “surplus oversight” (extra appeals, more lawyer hours, etc.) that attend capital cases may disappear. I collected and analyzed available data on surplus oversight, which strongly suggests that this is the case. To further test my hypothesis, I constructed and implemented an experiment: would subjects donate as much to an innocence project if the innocent person were serving life in prison as they would if the innocent person were sentenced to die? The results of the experiment suggest that they would not; donations to exonerate innocent people serving life were about 20% lower than those to exonerate innocent people on death row. These findings support my conclusion: if we abolish the death penalty people may pay less attention and allocate fewer resources to wrongful convictions so that inadvertently more people may spend the rest of their lives in prison for crimes they did not commit. Ironically, if we want to avoid miscarriages of justice, we have a reason to keep the death penalty.
只要我们有死刑,我们将不可避免地处决无辜的人。许多学者,如Michael Radelet、Hugo Bedau和Constance Putnam认为,这种司法不公意味着我们应该废除死刑。我认为,矛盾的是,如果我们真的废除死刑,更多无辜的人可能会因为他们没有犯下的罪行而受到惩罚。司法失误可能会增加,因为处理死刑案件的“多余监督”(额外上诉、更多律师工作时间等)可能会消失。我收集并分析了关于盈余监督的现有数据,这有力地表明情况确实如此。为了进一步验证我的假设,我构建并实施了一个实验:如果无辜者在监狱中终身监禁,受试者会像无辜者被判处死刑一样为无罪项目捐款吗?实验结果表明他们不会;为无期徒刑的无辜者开脱罪责的捐款比为死囚无罪者开脱罪行的捐款低约20%。这些发现支持了我的结论:如果我们废除死刑,人们可能会减少对错误定罪的关注,减少对错误判决的资源分配,这样无意中就会有更多的人因为他们没有犯下的罪行而在监狱里度过余生。具有讽刺意味的是,如果我们想避免司法不公,我们就有理由保留死刑。
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引用次数: 0
The Ethics of Punishment and the Impact Assumption. — Reconsidering the Role of Penal Ethicists 惩罚伦理与影响假设。——重新考虑刑法伦理学家的作用
Q2 Social Sciences Pub Date : 2021-09-02 DOI: 10.1080/0731129X.2021.2013414
J. Ryberg
Why is the ethics of punishment an important academic field? The standard answer given by philosophers, legal scholars, and other theorists is that academic engagement in the ethics of punishment is justified by the importance of informing and guiding penal practice. In this article, this view is referred to as the Impact Assumption. The purpose of the article is to consider what this assumption implies for the way research within this field should be conducted. First, I argue that the way research is currently being disseminated, the nature of the research itself, and the lack of interest among legislators and other decision-makers, constitute serious challenges to the satisfaction of the Impact Assumption. Second, I suggest that these challenges can be overcome, but that this will require a significant expansion and reorientation of the entire field.
为什么惩罚伦理学是一个重要的学术领域?哲学家、法律学者和其他理论家给出的标准答案是,惩罚伦理的学术参与是合理的,因为它具有告知和指导刑罚实践的重要性。在本文中,这种观点被称为影响假设。这篇文章的目的是考虑这个假设意味着这个领域的研究应该进行的方式。首先,我认为目前研究传播的方式,研究本身的性质,以及立法者和其他决策者缺乏兴趣,构成了影响假设满足的严重挑战。其次,我认为这些挑战是可以克服的,但这需要整个领域的重大扩展和重新定位。
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引用次数: 1
Armed Drones and Ethical Policing: Risk, Perception, and the Tele-Present Officer. 武装无人机和道德警务:风险、感知和远程警务人员。
Q2 Social Sciences Pub Date : 2021-06-19 eCollection Date: 2021-01-01 DOI: 10.1080/0731129X.2021.1943844
Christian Enemark

Ethical analysis of armed drones has to date focused heavily on their use in foreign wars or counterterrorism operations, but it is important also to consider the potential use of armed drones in domestic law enforcement. Governments around the world are already making drones available to police for purposes including border control, criminal investigation, rescue missions, traffic management, and the monitoring of public assemblies. Unarmed and controlled remotely, these camera-equipped aircraft provide a powerful and mobile surveillance capacity that can be highly effective in detecting suspicious activity and guiding police operations. In addition, for situations where criminal violence presents a danger to public safety, some governments appear to be readying their police to neutralize threats using drones that are also equipped with weapons. In anticipation of that potential development, this article discusses whether or how police should use armed drones. It applies some of the established ethical principles on police use of force (necessity, proportionality, and precaution), and it explores some of the challenges a drone-using, "tele-present" police officer is likely to face in seeking to adhere to those principles.

迄今为止,对武装无人机的伦理分析主要集中在它们在对外战争或反恐行动中的使用上,但考虑武装无人机在国内执法中的潜在用途也很重要。世界各国政府已经开始向警方提供无人机,用于边境控制、刑事调查、救援任务、交通管理和公共集会监控等目的。这些配备摄像头的飞机没有武器,可以远程控制,提供强大的移动监视能力,可以非常有效地发现可疑活动并指导警方行动。此外,在犯罪暴力对公共安全构成威胁的情况下,一些政府似乎正在准备让他们的警察使用配备武器的无人机来消除威胁。鉴于这种潜在的发展趋势,本文讨论了警察是否应该使用武装无人机,以及如何使用。它应用了一些关于警察使用武力的既定道德原则(必要性,相称性和预防性),并探讨了使用无人机的“远程呈现”警察在寻求遵守这些原则时可能面临的一些挑战。
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引用次数: 6
Rethinking the Use of Criminal Records 重新思考犯罪记录的使用
Q2 Social Sciences Pub Date : 2021-05-04 DOI: 10.1080/0731129X.2021.1948763
S. Russell
Beyond Punishment provides a thought-provoking analysis of the negative legal consequences of criminal convictions that fall outside formal sentences imposed on individuals for their offenses. In many instances, these collateral legal consequences (“CLCs,” as Hoskins calls them for short) may have a longer and more damaging impact on a person than the sentence imposed in court. Yet questions regarding the moral justifiability of such provisions have received little attention from scholars. Hoskins’ book tackles this important topic—exploring the circumstances under which CLCs can be justified, as well as some of the practical implications that stem from the proliferation of CLCs in our society. Hoskins’ insights will be engaging to philosophers and legal scholars, and he offers critical guidance to policy makers and reform advocates. CLCs are restrictions or exclusions that federal, state, or local governments impose on individuals based on their criminal convictions. Examples include restrictions on voting, occupational licenses, public housing, and public assistance. CLCs are distinct from the many informal ways in which criminal convictions impede advancement in society—for example, discrimination by private employers, landlords, or educational institutions based on an applicant’s criminal record. Hoskins begins by considering whether CLCs should be treated as civil measures (as is the traditional approach) or as forms of punishment for the offense of conviction. The punishment/civil distinction matters to Hoskins, as his test for whether the measure is justified depends on its proper classification. Hoskins rejects an all-or-nothing view. Instead, he asserts that CLCs should be viewed as part of punishment in those instances when “they are intended to be burdensome and to communicate condemnation of the offender’s wrongdoing” (51). To be Sarah French Russell is Professor of Law, School of Law, Quinnipiac University School of Law, North Haven, USA. Email: sarah.russell@quinnipiac.edu Criminal Justice Ethics, 2021 Vol. 40, No. 2, 145–151, https://doi.org/10.1080/0731129X.2021.1948763
《超越惩罚》对刑事定罪的负面法律后果进行了发人深省的分析,这些刑事定罪超出了对个人犯罪的正式判决。在许多情况下,这些附带的法律后果(霍斯金斯简称为“CLCs”)对一个人的影响可能比法庭上的判决更长、更具破坏性。然而,有关这些规定的道德正当性的问题却很少受到学者们的关注。霍斯金斯的书探讨了这个重要的话题,探讨了在何种情况下,社区服务是合理的,以及社区服务在我们社会中的扩散所产生的一些实际影响。霍斯金斯的见解将吸引哲学家和法律学者,他为政策制定者和改革倡导者提供了重要的指导。CLCs是联邦、州或地方政府根据个人的刑事定罪对其施加的限制或排除。例子包括对投票、职业执照、公共住房和公共援助的限制。刑事诉讼不同于许多刑事定罪阻碍社会进步的非正式方式——例如,私人雇主、房东或教育机构基于申请人犯罪记录的歧视。霍斯金斯首先考虑的是,刑事诉讼是否应被视为民事措施(就像传统的做法一样),还是作为对定罪罪的惩罚形式。惩罚/民事区分对霍斯金斯很重要,因为他对措施是否合理的检验取决于其适当的分类。霍斯金斯反对孤注一掷的观点。相反,他断言,在“其目的是加重负担并表达对犯罪者不法行为的谴责”的情况下,刑事诉讼应被视为惩罚的一部分(51)。Sarah French Russell是美国昆尼皮亚克大学法学院的法学教授。电子邮件:sarah.russell@quinnipiac.edu刑事司法伦理,2021年第40卷第2期,145-151,https://doi.org/10.1080/0731129X.2021.1948763
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引用次数: 0
Making More Room for Mercy and Forgiveness 为仁慈和宽恕腾出更多空间
Q2 Social Sciences Pub Date : 2021-05-04 DOI: 10.1080/0731129X.2021.1943845
Steven Tudor
Malcolm Bull. On Mercy. Princeton: Princeton University Press, 2019, 191 pp., $24.95 (hardback), ISBN 9780691165332 Martha Minow. When Should Law Forgive? New York: Norton, 2019, 252 pp., $27.95 (hardback), ISBN 9780393081763 Most political theorists would agree that the abuse of power is a bad thing, and that a political system should try to prevent it from occurring or, when it can’t, at least limit it and then somehow remedy or ameliorate it. Whether the power is legislative, judicial, or executive— or, indeed, of other kinds beyond that familiar trinity—it is important that the system that generates (and possibly legitimates) that power has ways of constraining or directing it, so that its wielders don’t use it to oppress those who are subject to it, or to inflict cruelties or humiliations upon them, or to enrich themselves at the expense of the powerless. In that task of thwarting the abuse of power, some conception of justice has usually had some central role to play. Justice might help to define— and thereby limit—the power itself (e.g. judicial power might be defined in terms of the power to do justice according to law, in particular cases brought to the court by a plaintiff or prosecutor), and it might help to constrain its application (e.g. through rules of procedural fairness). At the core of most conceptions of justice are ideas of equality, consistency, impartiality, desert, and rights, among others. These in turn often get cashed out practically in terms of rules (legal or extra-legal) that, among other things, set standards for the wielders of power so that an abuse of power is understood as a breach of those standards and can thus be more readily identified and its correction or amelioration more readily conceived. (Whether there is practical capacity and the will to put such correction or amelioration into effect is another matter). There is little doubt that, in modern Western polities at least, justice must play some sort of central role here, but the two books under discussion here, Malcolm Bull’s On Mercy and Martha Minow’s When Should Law Forgive? S.tudor@latrobe.edu.au Criminal Justice Ethics, 2021 Vol. 40, No. 2, 152–163, https://doi.org/10.1080/0731129X.2021.1943845
马尔科姆公牛。在怜悯。普林斯顿:普林斯顿大学出版社,2019年,191页,24.95美元(精装本),ISBN 9780691165332玛莎·米诺。法律何时应该宽恕?纽约:诺顿出版社,2019年,252页,27.95美元(精装本),ISBN 9780393081763大多数政治理论家都会同意,滥用权力是一件坏事,政治制度应该试图阻止它的发生,或者,当它不能时,至少限制它,然后以某种方式补救或改善它。无论权力是立法权、司法权还是行政权——或者,实际上,是超越这三位一体的其他类型的权力——重要的是,产生(并可能使之合法化)权力的制度要有约束或指导权力的方法,这样权力的拥有者就不会用它来压迫那些受它支配的人,或者对他们施加残酷或羞辱,或者以牺牲无权者的利益为代价来充实自己。在阻止权力滥用的任务中,某些正义概念通常起着核心作用。正义可能有助于界定-并因此限制-权力本身(例如,司法权可能被定义为根据法律伸张正义的权力,在由原告或检察官向法院提起的特定案件中),它可能有助于限制其适用(例如,通过程序公平规则)。大多数正义观念的核心是平等、一致、公正、应得和权利等观念。反过来,这些通常以规则(法律或法外规则)的形式实际兑现,这些规则除其他外,为权力的行使者设定了标准,因此滥用权力被理解为违反这些标准,因此可以更容易地识别并更容易地设想其纠正或改进。(是否有实际的能力和意愿来实施这种纠正或改善是另一回事)。毫无疑问,至少在现代西方政治中,正义必须在这里发挥某种核心作用,但这里讨论的两本书,马尔科姆·布尔的《论仁慈》和玛莎·米诺的《法律何时应该宽恕?》S.tudor@latrobe.edu.au刑事司法伦理,2021年第40卷第2期,152-163,https://doi.org/10.1080/0731129X.2021.1943845
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引用次数: 0
Regulation as Punishment 作为惩罚的监管
Q2 Social Sciences Pub Date : 2021-05-04 DOI: 10.1080/0731129X.2021.1949922
Hadassa Noorda
Theorists of criminal law widely agree that state punishment involves harsh treatment and stigma and that states must therefore provide protections for targeted individuals. But certain regulatory measures can also be used to impose harsh treatment and stigma. This paper addresses the stigmatic impact of harsh regulatory measures. It argues that harsh regulatory measures that label targeted individuals as risky impose a stigma that has the potential to significantly affect these individual’s personal and professional relationships. Such measures include area restrictions applied to alleged terrorists and registration requirements for convicted sex offenders. I recommend ways of implementing legal safeguards for targeted individuals against the stigma involved in the employment of such measures.
刑法理论家普遍认为,国家惩罚包括严厉的待遇和耻辱,因此国家必须为目标个人提供保护。但某些监管措施也可以用来施加严厉的待遇和耻辱。本文论述了严厉监管措施的污名化影响。它认为,严厉的监管措施给目标个人贴上风险标签,会带来一种耻辱,有可能严重影响这些人的个人和职业关系。这些措施包括对涉嫌恐怖分子的地区限制和对已定罪的性犯罪者的登记要求。我建议为目标个人实施法律保障措施的方法,使其免受使用此类措施所带来的耻辱。
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引用次数: 1
Can AI Weapons Make Ethical Decisions? 人工智能武器能做出合乎道德的决定吗?
Q2 Social Sciences Pub Date : 2021-05-04 DOI: 10.1080/0731129X.2021.1951459
Ross W. Bellaby
The ability of machines to make truly independent and autonomous decisions is a goal of many, not least of military leaders who wish to take the human out of the loop as much as possible, claiming that autonomous military weaponry—most notably drones—can make decisions more quickly and with greater accuracy. However, there is no clear understanding of how autonomous weapons should be conceptualized and of the implications that their “autonomous” nature has on them as ethical agents. It will be argued that autonomous weapons are not full ethical agents due to the restrictions of their coding. However, the highly complex machine-learning nature gives the impression that they are making their own decisions and creates the illusion that their human operators are protected from the responsibility of the harm they cause. Therefore, it is important to distinguish between autonomous AI weapons and an AI with autonomy, a distinction that creates two different ethical problems for their use. For autonomous weapons, their limited agency combined with machine-learning means their human counterparts are still responsible for their actions while having no ability to control or intercede in the actual decisions made. If, on the other hand, an AI could reach the point of autonomy, the level of critical reflection would make its decisions unpredictable and dangerous in a weapon.
机器做出真正独立和自主决策的能力是许多人的目标,尤其是那些希望尽可能让人类脱离循环的军事领导人,他们声称自主军事武器——尤其是无人机——可以更快、更准确地做出决策。然而,对于自主武器应该如何概念化,以及它们的“自主”性质对它们作为道德代理人的影响,还没有明确的理解。有人会说,由于其编码的限制,自主武器并不是完全合乎道德的代理人。然而,高度复杂的机器学习本质给人的印象是,他们正在做出自己的决定,并产生了一种错觉,即他们的人类操作员受到保护,不承担他们造成的伤害的责任。因此,区分自主人工智能武器和具有自主性的人工智能很重要,这种区别会给它们的使用带来两个不同的道德问题。对于自主武器来说,其有限的能动性与机器学习相结合,意味着它们的人类对手仍然对自己的行为负责,而没有能力控制或干预实际决策。另一方面,如果人工智能能够达到自主的程度,那么批判性反思的程度将使其决策在武器中变得不可预测和危险。
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引用次数: 4
期刊
Criminal Justice Ethics
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