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Existing justifications for exclusionary rules and stays of proceedings in response to pre-trial wrongdoing by police officers and prosecutors are often thought to be counter-productive or disproportionate in their consequences. This article begins to explore whether the concept of standing to blame can provide a fresh justification for such responses. It focuses on a vice related to standing—hypocrisy—and a related vice concerning inconsistent blame. It takes seriously the point that criminal justice agencies, although all part of the State, are in real terms separated from each other, and analyses the so-called separation thesis (or theses). It concludes that hypocrisy and inconsistent blame arguments could plausibly justify exclusion and stays only in relation to lower-level offe... |
Beccaria’s penal philosophy hinges on the doctrinal paradigm of liberty through law. Inconceivable in the absence of laws and unattainable in the presence of arbitrary powers, liberty is profiled as the legal situation of the person who may act, within the sphere of what is not forbidden and not bound, without suffering illicit interference from private individuals or organs of the state. Thus, the form of law becomes an essential matter in the construction of the political space suitable for free living. In the analysis proposed in this article, the notion of “political liberty”–which Beccaria takes from Montesquieu–is declined in relation to the legal order, criminal law and the social contract. |
In his latest book Mechanical Choices, Michael Moore provides an explication and defence of the idea that responsibility comes in degrees. His account takes as its point of departure the view that free action and free will consist in the holding of certain counterfactuals. In this paper, I argue that Moore’s view faces several familiar counterexamples, all of which serve to motivate Harry Frankfurt’s classic insight that whether and to what extent one is responsible for one’s action has more to do with what actually caused that action than with what one could or couldn’t have done instead. I then go on to sketch an alternative approach to degrees of responsibility that takes seriously this insight. I’ll argue that Moore ought to be sympathetic to this approach, inasmuch as it combin... |
The importance of care for our sustainability is increasingly discussed by policy makers and academics. For several reasons, however, the law has failed to address it. Accordingly, care has long been in a state of crisis, where the needs of those who require care are not met, and those who care are routinely subject to discrimination and cannot care in a dignified way. The Covid-19 Pandemic has highlighted the extent of the problem. The EU has responded by announcing on 7 September 2022 ‘A European Care Strategy for Caregivers and Care Receivers’. |
Humans have a fundamental need to belong. This, need, as Kimberley Brownlee argues in her book Being Sure of Each Other grounds the human right against social deprivation. But in addition to having a human right against social deprivation, we also have a right to associational freedom, which is grounded in our right to autonomy. We cannot be forced into relationships; we are free to choose our friends and loved ones.? In this paper I discuss what our right to associational freedom morally permits us to do when are already in an intimate relationship and, relatedly, what our relationship-dependent duties require of us in such cases. What exactly are the constraints on our right to associational freedom? And what is the content and scope of our relationship-dependent duties, given tha... |
In the original article, a note for table 8 missed to be added, hence the correct text has been updated which is “Source: Database elaborated by the Research Center on Administrative Justice at the Autonomous University of Madrid (CIJA-UAM)”. |
AI systems are nowadays employed in ever-increasing areas. This new era of technological development is exciting, but AI applications are also a cause for concern. If tasks that have hitherto normally been undertaken by human beings are now to be taken care of by ever more intelligent autonomous systems, how can we be certain that such functions are performed diligently and safely? Many areas of application of AI systems have also made the tribulations of AI utilization apparent. The EU’s Artificial Intelligence Act (AIA) aims to tackle the concerns and challenges related to the utilization of AI, and to develop human-centric, secure, trustworthy, and ethical AI systems for the EU markets. |
There are ongoing calls in the humanitarian and development sectors to localise aid, make it more participatory and involve communities. A common response to these calls by INGOs and national governments is to work with local actors to jointly deliver local, community-based, participatory aid. However, this setup tends to be hierarchical, with external actors taking the lead on project design and local actors on implementation. As a result, key outcomes envisioned for localisation and participation in aid often do not materialise. This paper explores the role legitimacy work plays in maintaining this unhelpful status quo. To this end, it provides a qualitative case study analysis of an aid project in Ethiopia (2016–2020) that was initiated by two INGOs and built on government struct... |
Australia is witnessing a political, social and cultural renaissance of public debate regarding violence against women, particularly in relation to domestic and family violence (DFV), sexual assault and sexual harassment. Women's voices calling for law reform are central to that renaissance, as they have been to feminist law reform dating back to nineteenth-century campaigns for property and suffrage rights. Although feminist research has explored women’s voices, speaking out and storytelling to highlight the exclusions and limitations of the legal and criminal justice systems in responding to women’s experience, less attention has been paid to how women's voices are elicited, received and listened to, and the forms of response they have received. |
The principle of sustainability is generally taken as a good, but what does sustainability really mean? The notion of sustainability has been at the center of global governance debates for more than a decade and many countries across the world include sustainability in their constitutions. This paper argues that in order to understand the concept of sustainability in a constitutional context, we need to turn to the notion of dignity. The paper explores the concepts of sustainability and dignity and their meanings in the framework of climate justice and related questions and by discussing them in the context of Kantian and republican theory. In addition, the paper looks at intriguing court cases on the importance of nation states meeting their climate law duties. |
