我家附近没有将前罪犯排除在住房之外的道德规范

IF 0.7 Q2 LAW Criminal Law and Philosophy Pub Date : 2024-01-12 DOI:10.1007/s11572-023-09712-5
Thomas Søbirk Petersen, Sebastian Jon Holmen
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引用次数: 0

摘要

住房管理机构采取的拒绝有犯罪记录的潜在租户获得住房的政策,是刑满释放人员寻找居住地的一个重要障碍。这项政策是合法的,但我们知道,没有或只有有限的机会获得安全且负担得起的住房会增加再犯的可能性,那么是否有充分的理由支持这项政策呢?本文的主要目的是批判性地讨论不让有犯罪记录的人获得住房的两个核心理由:这样做可以预防犯罪,以及该政策可以减少对犯罪的恐惧。我们还试图评估一个论点,即现行法律及其政策错误地歧视了有犯罪记录的人。文章的主旨是,以这种做法的预防犯罪效果及其在减少或预防对犯罪的恐惧方面的作用为论据是没有说服力的。然后,我们解释了为什么在我们看来,将前罪犯排除在住房之外构成了对他们的错误歧视。我 們 的 分 析 顯 示 , 除 了 少 數 例 外 情 況 外 , 刑 滿 釋 囚 應 獲 准 與 其 他 人 一 樣 獲 得 住 屋 。
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Not in My Neighborhood: The Ethics of Excluding Ex-offenders from Housing

The policy adopted by housing authorities of denying prospective tenants with a criminal record access to housing is an important barrier to ex-offenders seeking somewhere to live. The policy is legal, but are there any good reasons in favor of it when we know that having no, or limited, access to secure and affordable housing increases the probability of recidivism? The primary aim of this article is to critically discuss two central reasons that have been given for denying people with criminal records access to housing: that doing so will prevent crime, and that the policy reduces fear of crime. We also try to evaluate an argument for the conclusion that current law, and the policies that follows wrongfully discriminate against people with criminal records. The general thrust of the article is that arguments for this practice turning on its crime preventive effect, and its role in reducing or preventing fear of crime, are unpersuasive. We then explained why, in our view, excluding ex-offenders from housing amounts to wrongful discrimination against them. Our analysis suggests that ex-offenders, apart from a few excemptions, ought to be allowed access to housing to the same extent as other people.

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来源期刊
CiteScore
1.10
自引率
0.00%
发文量
24
期刊介绍: Rationale The philosophy of crime and criminal law has been undergoing a renaissance.Increasing numbers of lawyers and philosophers are researching, writing and teaching in the area. Lawyers who are exploring theoretical issues related to criminal liability and punishment find that they must turn to philosophy. Philosophers recognise the importance of the criminal law as a focus for both analytical and normative inquiry. The practical importance of the subject is also obvious, especially at a time when western governments are having to reconsider their rationales for criminalization and sentencing in the light of substantial changes in criminal justice systems and their social contexts. Until recently, there was no journal solely devoted to the philosophy of crime and criminal law. Criminal Law and Philosophy fills this gap, and provides a platform for the high quality work that is being done in this area. High quality content; specific and inclusive in scope Criminal Law and Philosophy aims to publish high quality articles that take a philosophical perspective on any issues in the broad field of crime and punishment. The main areas and topics include: crime and criminalization; the content, principles and structure of substantive criminal law; criminal justice and the criminal process; punishment and sentencing. The journal is inclusive in its scope: it publishes articles with a historical focus on earlier philosophical discussions of crime and punishment, as well as articles with a more contemporary focus. It seeks contributions from a range of philosophical schools and approaches, in particular both from analytically oriented philosophers and from those who draw more on contemporary continental philoshophy. Readership Criminal Law and Philosophy is becoming essential reading for academics in philoso phy, in law and in criminology who take a philosophically informed critical, analytical or normative approach to the criminal law and criminal justice. It is also an important resource for students in those subjects, and for practitioners with an interest in philosophical approaches to their practice. Through this journal, readers can access the latest thinking by the best scholars in the philosophy of crime and punishment. Editorial Board The editors, editorial board and advisors constitute an impressive, international group of leading scholars working in the philosophy of crime and punishment. They represent a variety of systems of criminal law, including systems that cross national boundaries.
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