scholarly journals Deterrence by Collective Punishment May Work against Criminals but Never against Freedom Fighters

Games ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 41
Author(s):  
Friedel Bolle

The main goal of collective punishment (CP) is the deterrence of future “wrong-doing” by freedom fighters or terrorists, protesters against an authoritative government, polluters, students playing pranks on their teacher, football teams lacking enthusiasm, or soldiers showing cowardice to the enemy. CP could consist of the lockout of workers, additional training units for football teams, increased control of athletes and firms, up to the shooting of fellow villagers of assassins. I investigate two classes of problems. In one class, resistance against an authority is individually costly, but enough resistance can be successful (the production of a public good, for example, higher wages after a strike). In the other case, “resistance” is individually profitable (a criminal activity as pollution) and enough “resistance” produces a public bad. We find that, in the first situation, the announcement of CP never decreases the level of resistance. In the second situation, CP can be successful.

2012 ◽  
Vol 12 (1) ◽  
pp. 21
Author(s):  
Eficandra Eficandra

Ijtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qur’an’s and Sunnah’s text) and also according to the spirit of Shari’ah. The results of Ali’s ijtihad if linked with the approach and application of maqasid al-shari’ah (the goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shari’ah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized.


Author(s):  
Christine M. Korsgaard

This chapter criticizes the familiar idea that humans are more important than animals. After examining some reasons why we treat humans and animals differently, and showing that they do not imply the superior importance of humans, it argues that the claim of superior human importance is not so much false as (nearly) incoherent. Importance and goodness are “tethered” values: things are only important or good when they are important-to or good-for some creature. To be important or good absolutely is to be important-to or good-for all creatures. One kind of creature could be absolutely more important than others only if the fate of that kind of creature were more important to others than their own fates. Only a teleological picture of the world that made human good the ultimate purpose of the world could support the conclusion that humans are more important than the other animals.


Author(s):  
Christine M. Korsgaard

This book argues that we are obligated to treat all sentient animals as “ends in themselves.” Drawing on a theory of the good derived from Aristotle, it offers an explanation of why animals are the sorts of beings who have a good. Drawing on a revised version of Kant’s argument for the value of humanity, it argues that rationality commits us to claiming the standing of ends in ourselves in two senses. As autonomous beings, we claim to be ends in ourselves when we claim the standing to make laws for ourselves and each other. As beings who have a good, we also claim to be ends in ourselves when we take the things that are good for us to be good absolutely and so worthy of pursuit. The first claim commits us to joining with other autonomous beings in relations of reciprocal moral lawmaking. The second claim commits us to treating the good of every sentient animal as something of absolute importance. The book also argues that human beings are not more important than, superior to, or better off than the other animals. It criticizes the “marginal cases” argument and advances a view of moral standing as attaching to the atemporal subjects of lives. It offers a non-utilitarian account of the relationship between the good and pleasure, and addresses questions about the badness of extinction and about whether we have the right to eat animals, experiment on them, make them work for us, and keep them as pets.


Author(s):  
Toni Rønnow-Rasmussen

Evaluations about what is good (period) and what is good for someone shape much of ethics. The two value notions ‘good’ and ‘good for’ mark the deep-rooted divide between the impersonally and personally valuable—the value divide on which The Value Gap centres. Past and contemporary philosophers have argued it is a mistake to believe that these two value notions give rise to unresolvable value conflicts. This book argues that they are wrong. Part I considers two views to that effect, which share the idea that one of the two value notions is either flawed or at best conceptually dependent on the other notion. The views disagree, however, about whether it is good or good-for that is the flawed concept. These approaches deny the central idea of this work, namely that goodness and goodness-for are independent value notions that cannot be fully understood in terms of one another. Part II provides an analysis of impersonal and personal goodness in terms of a fitting-attitude analysis. By elaborating a more nuanced understanding of the analysis’ key elements—reasons and pro- and con-attitudes—the book challenges a common idea, namely that our beliefs about practical and moral dilemmas can be dismissed as being conceptually confused. The gap between favouring what is good and what is good for someone appears insurmountable.


1992 ◽  
Vol 9 (2) ◽  
pp. 190-208
Author(s):  
Frank I. Michelman

Prescriptive political and moral theories contain ideas about what human beings are like and about what, correspondingly, is good for them. Conceptions of human “nature” and corresponding human good enter into normative argument by way of support and justification. Of course, it is logically open for the ratiocinative traffic to run the other way. Strongly held convictions about the rightness or wrongness, goodness or badness, of certain social institutions or practices may help condition and shape one's responses to one or another set of propositions about what people are like and what, in consequence, they have reason to value.


2019 ◽  
Vol 1 (2) ◽  
pp. 182
Author(s):  
Hélène Jawhara Piñer

Between pleasure and health, why should we have to choose? Though this combination did not mainly concern the culinary tradition of the Christian Middle Ages, on the other hand, it fits fully into an Arabic tradition of both East and West of the said period. In the late Middle Ages under Islamic domination, doctors, agronomists or botanists, offer –through multiple medical treatises on food or agriculture–, culinary recipes good for health. Thus, for Ibn Rush, Ibn Rāzī, Avicenne or Maimonides –as for many others scholars–, foodstuffs play a key role in its benefits for health. In this way, cookbooks occupy pride of place in this alliance between health and cooking. Therefore, the culinary recipes of half a dozen cookbooks of the Muslim Middle East dating back to the 10th-14th centuries, suggest this combination: listen to your body, take pleasure when you eat, do it according to your health and eat in a measured way. Cookbooks of the Iberian Peninsula written in Arabic in the Dar al-Islam testify to the transmission –from the Muslim Middle East– of the medico-culinary tradition based on humoral theory and culinary practices. This paper will focus on the place occupied by dietetic in the first known cookbook of the Iberian Peninsula: the Kitāb al-ṭabīẖ [The cookbook]. Its anonymous author quote Galen and Hippocrates that, therefore, inscribes the Kitāb al-ṭabīẖ in the influence of the Greek dietetic tradition. Furthermore, the knowledge of the anonymous author concerning medicine, dietetic, and cuisine is undeniable. Through half a thousand recipes, I will first present a reflection on this source commonly named “The Cookbook”, and then underscore the proportion of dishes containing medical recommendations. Then I will offer an approach to frequently used foodstuffs in the recipes where health seems to take precedence over the pleasure of eating the dish. Curing the illness, avoiding it, take pleasure, what is the goal of the culinary recipes? Thus, the aim is to identify both the most common dietetics recommendations and the disease that seem the most important to avoid. Finally, I will provide a glimpse of one of the most characteristic culinary recipes of this alliance health/pleasure that can offer the Andalusian cookbook. A brief reflection can be conducted on the current phenomenon that shows the willingness to return to healthy food which recommendations can be found in the cookbooks dating from the Middle Ages.


Crimen ◽  
2020 ◽  
Vol 11 (3) ◽  
pp. 235-254
Author(s):  
Đorđe Ignjatović

Article is the first step in explaining complex relation between drugs and organized crime. Firstly, in order to better understand those relations, there are definitions of organized crime (type of property crime, determined by the existence of criminal organization which runs a permanent illegal business with the intention of maximizing profit, using violence to establish a monopoly over certain territory and the corruption of authority representatives) and drugs (illicit psychoactive substances - PAS - that affect addiction or changes in consumer consciousness). After that, author present their classifications and put an accent on "the new drugs" - club drugs and designer drugs. Before processing to the other considerations, he emphasize the distinctions among "drug-related crime" and "drug-addict crime" (crimes done by drugabusing offenders). Special attention is directed at the considerations of scientific research about influence of drugs on human behavior, especially on criminal conduct. It was concluded that between these phenomena there is a correlation, but not causality, which means that drug-abusing does not presume a crime. The importance of this assertion lies in the fact that media, general public, and even legislators often have completely opposite opinion on this problem. This is the reason why, on the one hand, citizens of various countries think that drugrelated crime means criminal activity, and on the other hand, political decision makers are constantly making criminal reaction too harsh not only towards wrongdoers who puts drugs into circulation ("dealing") only, but for drug-abusers, too. Unfortunately, the same thing has happened to Serbia which made criminal reaction quite severe in the area of drug-related crimes for many times in the last decade. Subjects who present considerable data about number of persons who are arrested or been serving a sentence in penitentiary institutions for drug-crimes should explain a few things. Firstly, they should account how many of them are deprived because they have been engaged in producing or selling substances that are declared narcotics. Secondly, they should clarify how many prisoners abused drugs before deprivation and how many during a sentence serving. Criminologists had an important assignment to persuade public and legislators that the most of actual beliefs about criminal reaction on drug-related crime are not based on scientific opinions. The biggest mistake is thinking that drug-abusing only leads to crime. In the environment where criminologists had major influence on the public and politicians, an apparent trend of reduction of criminal reaction or even decriminalization of some conducts in the area of drug-related crime has been noticed. They are treating narcotic addiction as medical, not criminal problem.


2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.


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