Pub Date : 2023-10-01DOI: 10.1007/s11572-023-09700-9
Daniel Fryer
Abstract The United States system of policing is in drastic need of change. Some recent critics have encouraged that we avoid trying to repair the system—and abolish it altogether. In advancing this position, they often invoke ideas of “dreams,” “speculative imagination,” and “horizons” to guide efforts at fixing the problems of policing. In this essay, I caution against the overuse of this sort of idealized discourse in debates about policing. Specifically, I show how idealizations risk being counterproductive with respect to abolitionists’ activist goals, in that they suggest that if abolition is desirable, approximating abolition is also desirable; fail to clarify what the conditions of application of their view are; and operate without the feasibility-sensitivity that one should expect from a non-evaluative position. My goal is not to suggest that our system of policing is fine as is. Nor is it to diminish the importance of having a long-term revolutionary vision. By pointing out the ways in which the idealizations invoked are inconsistent with abolitionists’ activist agenda, I hope to help clarify the merits of police abolition as a guiding strategy for change and caution against the use of certain forms of idealized thinking in our efforts at police reform.
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Pub Date : 2023-09-16DOI: 10.1007/s11572-023-09703-6
Hend Hanafy
Abstract One of the influential contributions to criminalisation theories is Duff’s work on public wrongs, which offers a thin master principle of criminalisation, proposing that we have a reason to criminalise a type of conduct if it constitutes a public wrong; one that violates a polity’s civil order and forms part of that polity’s proper business. The nature of the civil order, the scope of its proper business, and the distinction between the public and private realms of wrongs are context-relative to each polity, structured by their legal, institutional, and informal values and ways of life. Such a context-relative view led to problematic criminalisation examples raised by Duff and his critics. This article engages more fully with the relativism of the civil order and public wrongs in non-democratic and illiberal contexts. It draws on examples such as Saudi Arabi and Iran, and Beetham’s work on the legitimation of power to argue that conceptualising the civil order as an undifferentiated whole that represents a polity’s chosen way of life overlooks the ways in which the civil order’s values and practices are shaped by relations of power and exclusion rules and processes. This, in turn, exposes the theory to the risk of mirroring and legitimising unequal relations of power and impeding efforts to change them. This is also due to the theory’s lack of proper normative guidance on the legitimacy of criminalisation. The potential commitment to – instead of a preference for – democracy and guarantees of equality and freedoms might help strengthen the theory normatively, but it is insufficient to guard against the raised problems.
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Pub Date : 2023-09-08DOI: 10.1007/s11572-023-09691-7
James Edwards
{"title":"Justification and Motivation","authors":"James Edwards","doi":"10.1007/s11572-023-09691-7","DOIUrl":"https://doi.org/10.1007/s11572-023-09691-7","url":null,"abstract":"","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44266004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-30DOI: 10.1007/s11572-023-09702-7
S. Morse
{"title":"Criminal Responsibility Reconsidered","authors":"S. Morse","doi":"10.1007/s11572-023-09702-7","DOIUrl":"https://doi.org/10.1007/s11572-023-09702-7","url":null,"abstract":"","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46805626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-23DOI: 10.1007/s11572-023-09698-0
M. Baron
{"title":"Excuses and Exemptions: Is it Really a Mistake to Understand the Category of Excuses to Include Infancy and Insanity?","authors":"M. Baron","doi":"10.1007/s11572-023-09698-0","DOIUrl":"https://doi.org/10.1007/s11572-023-09698-0","url":null,"abstract":"","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47278522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-18DOI: 10.1007/s11572-023-09699-z
Tatjana Hörnle
{"title":"Review of The Criminal Law’s Person, edited by Claes Lernestedt and Matt Matravers. Oxford: Hart, 2022","authors":"Tatjana Hörnle","doi":"10.1007/s11572-023-09699-z","DOIUrl":"https://doi.org/10.1007/s11572-023-09699-z","url":null,"abstract":"","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42912092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-16DOI: 10.1007/s11572-023-09695-3
J. Bublitz
{"title":"When is Disbelief Epistemic Injustice? Criminal Procedure, Recovered Memories, and Deformations of the Epistemic Subject","authors":"J. Bublitz","doi":"10.1007/s11572-023-09695-3","DOIUrl":"https://doi.org/10.1007/s11572-023-09695-3","url":null,"abstract":"","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47541894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-12DOI: 10.1007/s11572-023-09701-8
R. Duff, S. Marshall
{"title":"Reporting Crimes and Arresting Criminals: Citizens’ Rights and Responsibilities Under Their Criminal Law","authors":"R. Duff, S. Marshall","doi":"10.1007/s11572-023-09701-8","DOIUrl":"https://doi.org/10.1007/s11572-023-09701-8","url":null,"abstract":"","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43934404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-05DOI: 10.1007/s11572-023-09696-2
Mark Dsouza
{"title":"Justifications and Rights-Displacements","authors":"Mark Dsouza","doi":"10.1007/s11572-023-09696-2","DOIUrl":"https://doi.org/10.1007/s11572-023-09696-2","url":null,"abstract":"","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46060395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-05DOI: 10.1007/s11572-023-09697-1
K. Sifferd
{"title":"How does Structural Injustice Impact Criminal Responsibility?","authors":"K. Sifferd","doi":"10.1007/s11572-023-09697-1","DOIUrl":"https://doi.org/10.1007/s11572-023-09697-1","url":null,"abstract":"","PeriodicalId":45447,"journal":{"name":"Criminal Law and Philosophy","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48228155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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