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Lawrence Hrubes

Philosophy Bites: Michael Sandel - 0 views

  • Harvard philosopher Michael Sandel in conversation with Nigel Warburton outlines 3 answers to the question 'What is Justice?', Jeremy Bentham's, Immanuel Kant's, and Aristotle's. Listen to Michael Sandel on Justice Philosophy Bites is made in association with the Institute of Philosophy.
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    links to sites and videos dealing with moral, philosophical, social and justice issues
markfrankel18

In a Case of Religious Dress, Justices Explore the Obligations of Employers - NYTimes.com - 1 views

  • Justice Samuel A. Alito Jr. on Wednesday warned that “this is going to sound like a joke,” and then posed an unusual question about four hypothetical job applicants. If a Sikh man wears a turban, a Hasidic man wears a hat, a Muslim woman wears a hijab and a Catholic nun wears a habit, must employers recognize that their garb connotes faith — or should they assume, Justice Alito asked, that it is “a fashion statement”?
Lawrence Hrubes

Fixing the Eyewitness Problem - The New Yorker - 0 views

  • n a dissenting opinion in 1981, Supreme Court Justice William Brennan wrote that “eyewitness identification evidence is notoriously unreliable.” Dozens of scientific studies support this claim. Nevertheless, eyewitness testimony continues to be used widely, and many criminal cases hinge on it almost exclusively. Since 1989, two hundred and eighty people have been exonerated of sexual-assault charges in the U.S. Nearly three-quarters of those wrongful convictions relied, in whole or in part, on a mistaken identification by an eyewitness. Psychologists have long recognized that human memory is highly fallible. Hugo Münsterberg taught in one of the first American psychology departments, at Harvard. In a 1908 book called “On the Witness Stand,” he argued that, because people could not know when their memories had deceived them, the legal system’s safeguards against lying—oaths, penalties for perjury, and so on—were ineffective. He expected that teachers, doctors, and politicians would all be eager to reform their fields. “The lawyer alone is obdurate,” Münsterberg wrote.
Lawrence Hrubes

Executing Them Softly - NYTimes.com - 0 views

  • Since the late 19th century in the United States, critical responses to the spectacle of pain in executions have continued to spur ardent calls for the improvement of killing technology. One of the most prolific legal theorists of capital punishment, Austin Sarat, has concisely referred to this history: “The movement from hanging to electrocution, from electrocution to the gas chamber, from gas to lethal injection, reads like someone’s version of the triumph of progress, with each new technique enthusiastically embraced as the latest and best way to kill without imposing pain.” Recent debates over the administration of midazolam and pentobarbital, and in what dosage, seamlessly integrate themselves into Sarat’s grim progress narrative. The inexhaustible impulse to seek out less painful killing technologies puts a series of questions in sharp relief: What is, and should be, the role of pain in retributive justice? And how has the law come to rationalize the condemned’s experience of pain during an execution? While the Eighth Amendment stipulates the necessity of avoiding “cruel and unusual punishment,” in 1890 the Supreme Court decided this clause could mean that no method of execution should impose “something more than the mere extinguishment of life.” And then, in 1958, the court also determined that the amendment should reflect the “evolving standards of decency that mark the progress of a maturing society.” If we were to consider the “standard of decency” in our society today, we would be pushed to ask: By what moral order have we continued to establish the “extinguishment of life” as something “mere,” and the pain of the condemned as excessive? In other words, how has the pain experienced during an execution become considered cruel and unconstitutional but not the very act of killing itself? We should dial back to older histories of law to tap into pain’s perennially vexed role in retributive theories of justice.
Lawrence Hrubes

Swiss anger at Muslim handshake exemption in Therwil school - BBC News - 1 views

  • A Swiss secondary school has caused uproar by allowing two Muslim boys not to shake the hand of women teachers - a common greeting in Swiss schools.The boys had told the school in the small, northern town of Therwil it was against their faith to touch a woman outside their family.Justice Minister Simonetta Sommaruga said shaking hands was part of Swiss culture and daily life.A local teachers' union said the exemption discriminated against women.
Lawrence Hrubes

Grand Theft Auto V's Torture Scene: How Evil Should a Video Game Allow You to Be? ... - 0 views

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    "A 2011 Supreme Court ruling recognized that video games, like other forms of art and entertainment, are protected by the First Amendment as a form of speech. "For better or worse," Supreme Court Justice Antonin Scalia wrote in the decision, "our society has long regarded many depictions of killing and maiming as suitable features of popular entertainment.""
Lawrence Hrubes

Lawsuit Filed Today on Behalf of Chimpanzee Seeking Legal Personhood : The Nonhuman Rig... - 0 views

  • The Nonhuman Rights Project is the only organization working toward actual LEGAL rights for members of species other than our own. Our mission is to change the common law status of at least some nonhuman animals from mere “things,” which lack the capacity to possess any legal right, to “persons,” who possess such fundamental rights as bodily integrity and bodily liberty, and those other legal rights to which evolving standards of morality, scientific discovery, and human experience entitle them. Our first cases were filed in 2013.
  • The legal cause of action that we are using is the common law writ of habeas corpus, through which somebody who is being held captive, for example in prison, seeks relief by having a judge call upon his captors to show cause as to why they have the right to hold him. More specifically, our suits are based on a case that was fought in England in 1772, when an American slave, James Somerset, who had been taken to London by his owner, escaped, was recaptured and was being held in chains on a ship that was about to set sail for the slave markets of Jamaica. With help from a group of abolitionist attorneys, Somerset’s godparents filed a writ of habeas corpus on Somerset’s behalf in order to challenge Somerset’s classification as a legal thing, and the case went before the Chief Justice of the Court of King’s Bench, Lord Mansfield. In what became one of the most important trials in Anglo-American history, Lord Mansfield ruled that Somerset was not a piece of property, but instead a legal person, and he set him free.
markfrankel18

Witness Accounts in Midtown Hammer Attack Show the Power of False Memory - NYTimes.com - 0 views

  • There is no evidence that the mistaken accounts of either person were malicious or intentionally false. Studies of memories of traumatic events consistently show how common it is for errors to creep into confidently recalled accounts, according to cognitive psychologists.“It’s pretty normal,” said Deryn Strange, an associate psychology professor at John Jay College of Criminal Justice. “That’s the hard thing to get our heads around. It’s frightening how easy it is to build in a false memory.”
markfrankel18

Is stealing from a small shop worse than from a chain? | Clare Carlisle | Comment is fr... - 0 views

  • David Lammy has raised interesting questions on how we judge a crime like theft. Moral absolutism and monetary value are more compatible than you think
  • Our justice system, like our personal moral intuitions, combines a commitment to the absolute wrongness of certain actions – theft, murder, and rape, for example – with the recognition that different contexts make some such actions worse than others. The more absolute judgment focuses on the action itself, while the secondary judgment about a crime’s severity takes motivations and consequences into account.
markfrankel18

How Evolution Explains the Conflicted Death-Penalty Debate - The Atlantic - 1 views

  • We are predisposed to cooperate with each other, because living in groups gave us substantial long-term survival advantage. But we are also born cheaters, because cheating in the right circumstances gave us a short-term survival advantage. As these two conflicting tendencies tugged for our souls, we simultaneously evolved punishment behaviors—a way to dampen cheating by increasing the short-term costs to the cheater. But our punishment instincts are infected with the same conflict—our brains have been built to punish cheaters, but that punishment urge is intrinsically restrained, in no small part because we all know that we, too, are cheaters.
markfrankel18

Morality is the key to personal identity - Nina Strohminger - Aeon - 4 views

  • We tend to think that our memories determine our identity, but it’s moral character that really makes us who we are
  • Nor can you have formal moral systems without identity. The 18th-century philosopher Thomas Reid observed that the fundaments of justice – rights, duty, responsibility – would be impossible without the ability to ascribe stable identity to persons.
  • Why does our identity detector place so much emphasis on moral capacities? These aren’t our most distinctive features.
Lawrence Hrubes

A Stone for My Great-Grandmother - The New Yorker - 0 views

  • Approximately a million Jews were killed at Auschwitz, and along with them at least a hundred thousand Polish, Roma, and Soviet prisoners. According to Andreas Eichmüller, a German historian in Munich, sixty-five hundred S.S. members who served at the camp survived the war. Of these, fewer than a hundred were ever tried for their crimes in German courts, and only fifty were convicted.
markfrankel18

"Just Babies": Is morality hard-wired? - Salon.com - 1 views

  • “Just Babies” surveys the subjects of empathy and compassion (not the same thing: The first is displeasure felt at witnessing someone else’s suffering, while the second is the urge to alleviate it), concepts of fairness and justice and a basic sense of right and wrong. These are universal moral concerns: Lying, breaking promises, murder and other assaults are regarded everywhere as bad. But what about actions that can be viewed as victimless, most especially sexual transgressions, such as consensual incest between adult siblings?
  • He’s particularly insightful on “trolley problems” a currently much-discussed form of thought experiment in which the subject is asked to make a choice between letting a runaway train kill five individuals strapped to the tracks or flipping a switch that will divert it to a track on which only one person is strapped. Most people say they’d flip the switch, a utilitarian position in which it’s permissible to cause one death in the course of saving five. But most people will also stop short of physically pushing a very fat man onto the tracks in order to stop the train, even when the tradeoff in lives remains the same.
  • What such problems overlook, Bloom argues, is the fact that human morality is not grounded in abstract experiments involving strangers, but rather evolved in a context of kinship and tribal bonds.
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  • “We are not natural-born racists,” he writes, and sexual disgust is, he believes, a subset of our general distaste for the body and its messy functions. Many religions, for example, also place great emphasis on ritual bodily purity, from prohibitions on certain foods to particular forms of washing to the handling of the dead. But the forms themselves are unstable, as illustrated by an old Greek story about two different tribes, each equally appalled by the way the other treats the corpses of their fathers.
  • Bloom, therefore, is a skeptic of what he calls “the current trend in psychology and neuroscience to downplay rational deliberation in favor of gut feelings and unconscious motivations.”
Lawrence Hrubes

Hellhole - The New Yorker - 0 views

  • If prolonged isolation is—as research and experience have confirmed for decades—so objectively horrifying, so intrinsically cruel, how did we end up with a prison system that may subject more of our own citizens to it than any other country in history has?
  • Everyone’s identity is socially created: it’s through your relationships that you understand yourself as a mother or a father, a teacher or an accountant, a hero or a villain. But, after years of isolation, many prisoners change in another way that Haney observed. They begin to see themselves primarily as combatants in the world, people whose identity is rooted in thwarting prison control.
markfrankel18

Disputing Korean Narrative on 'Comfort Women,' a Professor Draws Fierce Backlash - The ... - 0 views

  • women” in 2013, Park Yu-ha wrote that she felt “a bit fearful” of how it might be received. After all, she said, it challenged “the common knowledge” about the wartime sex slaves.But even she was not prepared for the severity of the backlash.In February, a South Korean court ordered Ms. Park’s book, “Comfort Women of the Empire,” redacted in 34 sections where it found her guilty of defaming former comfort women with false facts. Ms. Park is also on trial on the criminal charge of defaming the aging women, widely accepted here as an inviolable symbol of Korea’s suffering under colonial rule by Japan and its need for historical justice, and she is being sued for defamation by some of the women themselves.
Lawrence Hrubes

Should We See Everything a Cop Sees? - The New York Times - 2 views

  • Much of the moral case for bodycams, that they reduce police violence, rests on a single experiment: the 2012 Rialto study
  • The data from nearly 1,000 shifts and 50,000 hours of police-public interactions showed that when officers wore bodycams, they were less likely to use batons, Tasers, firearms and pepper spray or to have confrontations that resulted in police-dog bites, and they were far less likely to receive civilian complaints about their conduct.
  • In an essay published shortly after the White House announced its $75 million in bodycam funding in 2014, two authors of the study, Barak Ariel and Alex Sutherland, hypothesized that it was not cameras alone that drove the positive results; it was the fact that before every interaction with a citizen, officers in the trial were required to announce that they were recording. There may have been a “self-awareness effect”: Both parties were reminded at the moment of contact that they were under surveillance and that they should behave accordingly. One question was whether the effect would hold up if officers did not announce the cameras’ presence. Another was whether it would hold up when the cameras lost their novelty.
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  • Their resulting analysis of 2.2 million officer hours, published this May, seems to validate their concerns that Rialto offered an incomplete picture. It found that police use of force actually went up by an astonishing 71 percent when officers could turn their cameras on and off at will and went down (by 37 percent) only when they recorded nearly every interaction with the public from start to finish.
Lawrence Hrubes

Prison Architecture and the Question of Ethics - NYTimes.com - 1 views

  • Today, prison design is a civic cause for some architects who specialize in criminal justice and care about humane design. There is a lot of research documenting how the right kinds of design reduce violence inside prisons and even recidivism. Architects can help ensure that prisons don’t succumb to our worst instincts — that they are not about spending the least amount of money to create the most horrendous places possible, in the name of vengeance — but promote rehabilitation and peace.Designing execution chambers is something else. They require their own deathly architecture. If architects refuse to design them, that doesn’t mean that they won’t be built, any more than the refusal by doctors and pharmaceutical companies to participate in executions has stopped executions from happening. But Ms. Dreiling said it herself: “Many, if not most, architects enter this profession because it is a calling. They believe they can make the world a better place, they believe they can enhance the lives of people on a daily basis, where they live, work and play.”
Lawrence Hrubes

Viewpoint: Britain must pay reparations to India - BBC News - 0 views

  • At the end of May, the Oxford Union held a debate on the motion "This house believes Britain owes reparations to her former colonies". Speakers included former Conservative MP Sir Richard Ottaway, Indian politician and writer Shashi Tharoor and British historian John Mackenzie. Shashi Tharoor's argument in support of the motion, went viral in India after he tweeted it out from his personal account. The argument has found favour among Indians, where the subject of colonial exploitation remains a sore topic. Here he gives a summary of his views:
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