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International Copyright: Principles, Law, and Practice
by Paul Goldstein P. Bernt HugenholtzInternational Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.
Diagnosis: A Guide for Medical Trainees
by Ashley Graham KennedyDiagnosis is a practically-oriented guide to the complex reasoning, observations, and judgment that health professionals draw on to make a clinical diagnosis. Built on the cornerstone of the patient-physician relationship, this volume combines rigorous yet accessible conceptual analysis with actionable strategies for navigating uncertainty, making effective use of diagnostic tests, and understanding the economic, interpersonal, and ethical considerations influencing diagnosis. Across six chapters, Ashley Graham Kennedy tackles such thorny issues as overdiagnosis, underdiagnosis, and new complications from the Covid-19 pandemic, supplemented by carefully chosen medical case studies. In so doing, she demonstrates that even "ordinary" cases require a delicate balance of medical and ethical considerations in order to promote the patient's physical and mental well-being. Ultimately, this volume demonstrates that clinical diagnosis is not just about acquiring knowledge but also facilitating the health of the people it serves. With clarity and compassion, Diagnosis illuminates the ethical and philosophical underpinnings of the diagnostic process for the medical practitioner.
Diagnosis: A Guide for Medical Trainees
by Ashley Graham KennedyDiagnosis is a practically-oriented guide to the complex reasoning, observations, and judgment that health professionals draw on to make a clinical diagnosis. Built on the cornerstone of the patient-physician relationship, this volume combines rigorous yet accessible conceptual analysis with actionable strategies for navigating uncertainty, making effective use of diagnostic tests, and understanding the economic, interpersonal, and ethical considerations influencing diagnosis. Across six chapters, Ashley Graham Kennedy tackles such thorny issues as overdiagnosis, underdiagnosis, and new complications from the Covid-19 pandemic, supplemented by carefully chosen medical case studies. In so doing, she demonstrates that even "ordinary" cases require a delicate balance of medical and ethical considerations in order to promote the patient's physical and mental well-being. Ultimately, this volume demonstrates that clinical diagnosis is not just about acquiring knowledge but also facilitating the health of the people it serves. With clarity and compassion, Diagnosis illuminates the ethical and philosophical underpinnings of the diagnostic process for the medical practitioner.
Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College
by Edward B. FoleyThe Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party. They also envisioned that a candidate would win by amassing a majority of Electoral College votes secured from states where the candidate's party was in the majority. For most of American history, this system has worked as intended, producing presidents who won Electoral College victories derived from state-based majorities. In the last quarter-century, however, there have been three significant aberrations from the Jeffersonian design: 1992, 2000, and 2016. In each of these years, the Electoral College victory depended on states where the winner received only a minority of votes. In this authoritative history of the American Electoral College system, Edward Foley analyzes the consequences of the unparalleled departure from the Jeffersonians' original intent-and delineates what we can do about it. He explains how states, by simply changing their Electoral College procedures, could restore the original Jeffersonian commitment to majority rule. There are various ways to do this, all of which comply with the Constitution. If only a few states had done so before 2016, the outcome might have been different. Doing so before future elections can prevent another victory that, contrary to the original Jeffersonian intent, a majority of voters did not want.
Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College
by Edward B. FoleyThe Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party. They also envisioned that a candidate would win by amassing a majority of Electoral College votes secured from states where the candidate's party was in the majority. For most of American history, this system has worked as intended, producing presidents who won Electoral College victories derived from state-based majorities. In the last quarter-century, however, there have been three significant aberrations from the Jeffersonian design: 1992, 2000, and 2016. In each of these years, the Electoral College victory depended on states where the winner received only a minority of votes. In this authoritative history of the American Electoral College system, Edward Foley analyzes the consequences of the unparalleled departure from the Jeffersonians' original intent-and delineates what we can do about it. He explains how states, by simply changing their Electoral College procedures, could restore the original Jeffersonian commitment to majority rule. There are various ways to do this, all of which comply with the Constitution. If only a few states had done so before 2016, the outcome might have been different. Doing so before future elections can prevent another victory that, contrary to the original Jeffersonian intent, a majority of voters did not want.
Pogroms: A Documentary History
by Eugene M. Avrutin, Elissa BemporadFrom the 1880s to the 1940s, an upsurge of explosive pogroms caused much pain and suffering across the eastern borderlands of Europe. Rioters attacked Jewish property and caused physical harm to women and children. During World War I and the Russian Civil War, pogrom violence turned into full-blown military actions. In some cases, pogroms wiped out of existence entire Jewish communities. More generally, they were part of a larger story of destruction, ethnic purification, and coexistence that played out in the region over a span of some six decades. Pogroms: A Documentary History surveys the complex history of anti-Jewish violence by bringing together archival and published sources--many appearing for the first time in English translation. The documents assembled here include eyewitness testimony, oral histories, diary excerpts, literary works, trial records, and press coverage. They also include memos and field reports authored by army officials, investigative commissions, humanitarian organizations, and government officials. This landmark volume and its distinguished roster of scholars provides an unprecedented view of the history of pogroms.
Pogroms: A Documentary History
From the 1880s to the 1940s, an upsurge of explosive pogroms caused much pain and suffering across the eastern borderlands of Europe. Rioters attacked Jewish property and caused physical harm to women and children. During World War I and the Russian Civil War, pogrom violence turned into full-blown military actions. In some cases, pogroms wiped out of existence entire Jewish communities. More generally, they were part of a larger story of destruction, ethnic purification, and coexistence that played out in the region over a span of some six decades. Pogroms: A Documentary History surveys the complex history of anti-Jewish violence by bringing together archival and published sources--many appearing for the first time in English translation. The documents assembled here include eyewitness testimony, oral histories, diary excerpts, literary works, trial records, and press coverage. They also include memos and field reports authored by army officials, investigative commissions, humanitarian organizations, and government officials. This landmark volume and its distinguished roster of scholars provides an unprecedented view of the history of pogroms.
Heaven Has Eyes: A History of Chinese Law
by Xiaoqun XuHeaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.
Heaven Has Eyes: A History of Chinese Law
by Xiaoqun XuHeaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.
The Oxford Handbook of Program Design and Implementation Evaluation
by Anu RangarajanWhy do many social programs have such a poor track record? What can we do to maximize a program's chance of success? If a program shows promise, how can we scale it up? To answer these questions confronting policymakers, and to ensure that strong programs are designed, developed, implemented, and taken to scale, appropriate evaluation approaches must be used throughout a program's life cycle. In The Oxford Handbook on Program Design and Implementation Evaluation, Dr. Anu Rangarajan surfaces insights and expertise from a team of eminent scholars to create a comprehensive and actionable toolbox of evaluation methodologies that can be used to examine social programs throughout their life cycle. The methodologies presented in the Handbook describe how to conduct developmental evaluations, perform rapid-cycle evaluations, employ implementation science concepts, assess program effectiveness in the absence of a true counterfactual, measure cost-effectiveness, scale up promising interventions, and assess systems change. Incorporating these approaches at every stage of a program's life cycle will maximize its chances of success; doing so consistently across social programs will help improve their impact overall. This Handbook is an action-oriented primary resource for social researchers, faculty and students, program practitioners, policy analysts, and funders of social programs and evaluations. By providing real-world examples of each approach alongside methodological guidance, and by highlighting challenges and lessons learned, the Handbook is invaluable to novices and seasoned professionals alike.
The Oxford Handbook of Program Design and Implementation Evaluation
by Anu RangarajanWhy do many social programs have such a poor track record? What can we do to maximize a program's chance of success? If a program shows promise, how can we scale it up? To answer these questions confronting policymakers, and to ensure that strong programs are designed, developed, implemented, and taken to scale, appropriate evaluation approaches must be used throughout a program's life cycle. In The Oxford Handbook on Program Design and Implementation Evaluation, Dr. Anu Rangarajan surfaces insights and expertise from a team of eminent scholars to create a comprehensive and actionable toolbox of evaluation methodologies that can be used to examine social programs throughout their life cycle. The methodologies presented in the Handbook describe how to conduct developmental evaluations, perform rapid-cycle evaluations, employ implementation science concepts, assess program effectiveness in the absence of a true counterfactual, measure cost-effectiveness, scale up promising interventions, and assess systems change. Incorporating these approaches at every stage of a program's life cycle will maximize its chances of success; doing so consistently across social programs will help improve their impact overall. This Handbook is an action-oriented primary resource for social researchers, faculty and students, program practitioners, policy analysts, and funders of social programs and evaluations. By providing real-world examples of each approach alongside methodological guidance, and by highlighting challenges and lessons learned, the Handbook is invaluable to novices and seasoned professionals alike.
An Invitation to Feminist Ethics
by Hilde LindemannFeminist ethics addresses how power, through gender, affects moral practice and theory. This enterprise is more important than ever before in an age of sharpened attention and concern for feminist issues and injustices. Yet the number of terms which have entered mainstream discussion can quickly overwhelm the novice: intersectionality, gender neutrality, androcentrism. An Invitation to Feminist Ethics offers an easy-to-understand, hospitable approach to the study of feminist moral theory and practice from a renowned ethicist, underscoring its need and the clarifying light it casts on some of the most pressing topics in contemporary society. The work surveys feminist ethical theory, beginning with an explanation of ethics, feminism, and gender before discussing the concepts of discrimination, oppression, gender neutrality, and androcentrism. The work further discusses in-depth intersectionality and microagressions before examining personal identities and how identities are vulnerable to oppression, and what can be done about it. The book also includes a helpful overview of three standard moral theories--social contract theory, utilitarianism, and Kantian ethics--and a discussion of their failings from a feminist point of view, followed by introductions to feminist care theory and feminist responsibility ethics. A "close-ups" section explores three social practices--bioethics, violence, and the globalized economy--within which these concepts are applied, and the need for feminist ethics is most urgent.
An Invitation to Feminist Ethics
by Hilde LindemannFeminist ethics addresses how power, through gender, affects moral practice and theory. This enterprise is more important than ever before in an age of sharpened attention and concern for feminist issues and injustices. Yet the number of terms which have entered mainstream discussion can quickly overwhelm the novice: intersectionality, gender neutrality, androcentrism. An Invitation to Feminist Ethics offers an easy-to-understand, hospitable approach to the study of feminist moral theory and practice from a renowned ethicist, underscoring its need and the clarifying light it casts on some of the most pressing topics in contemporary society. The work surveys feminist ethical theory, beginning with an explanation of ethics, feminism, and gender before discussing the concepts of discrimination, oppression, gender neutrality, and androcentrism. The work further discusses in-depth intersectionality and microagressions before examining personal identities and how identities are vulnerable to oppression, and what can be done about it. The book also includes a helpful overview of three standard moral theories--social contract theory, utilitarianism, and Kantian ethics--and a discussion of their failings from a feminist point of view, followed by introductions to feminist care theory and feminist responsibility ethics. A "close-ups" section explores three social practices--bioethics, violence, and the globalized economy--within which these concepts are applied, and the need for feminist ethics is most urgent.
The Oxford Handbook of Latin American Christianity (Oxford Handbooks)
by Virginia Garrard David Thomas Orique Susan Fitzpatrick-BehrensBy 2025, Latin America's population of observant Christians will be the largest in the world. Nonetheless, studies examining the exponential growth of global Christianity tend to overlook this region, focusing instead on Africa and Asia. Research on Christianity in Latin America provides a core point of departure for understanding the growth and development of Christianity in the "Global South." In The Oxford Handbook of Latin American Christianity an interdisciplinary contingent of scholars examines Latin American Christianity in all of its manifestations from the colonial to the contemporary period. The essays here provide an accessible background to understanding Christianity in Latin America. Spanning the era from indigenous and African-descendant people's conversion to and transformation of Catholicism during the colonial period through the advent of Liberation Theology in the 1960s and conversion to Pentecostalism and Charismatic Catholicism, The Oxford Handbook of Latin American Christianity is the most complete introduction to the history and trajectory of this important area of modern Christianity.
CLEAN HANDS C: Philosophical Lessons from Scrupulosity
by Walter Sinnott-Armstrong Jesse S. SummersPeople with scrupulosity have rigorous, obsessive moral beliefs that lead them to perform extreme, compulsive moral acts. A waitress with this condition checks and rechecks levels of cleaners and solvents to avoid any risk of poisoning her customers. Another individual asks repeatedly whether he fasted correctly, despite swallowing his own saliva. Those with scrupulosity stretch out their prayers for hours to be sure that they have said nothing incorrectly. They worry constantly about cleanliness, sinfulness, and all the ways they could be falling short of perfection. Using a range of fascinating case studies, Jesse S. Summers and Walter Sinnott-Armstrong argue that scrupulosity constitutes a mental illness and not moral sainthood. In doing so, they consider several important philosophical questions: Do the moral beliefs and judgments of those with scrupulosity differ from ours, or are these individuals just stricter in their moral observance? Are they morally responsible for their actions? Should they be pressured into psychiatric treatment, even when therapy leads them to act in ways they find immoral? Summers and Sinnott-Armstrong illustrate how psychiatric cases can inform the way we think about these and other philosophical issues, particularly those surrounding responsibility, rationality, and the nature of belief, morality, and mental illness. Clean Hands? will fascinate psychiatrists who treat patients with scrupulosity, philosophers who study morality, and anyone who has ever wondered about and struggled with the obligations and limits of morality.
Clean Hands: Philosophical Lessons from Scrupulosity
by Jesse S. Summers Walter Sinnott-ArmstrongPeople with scrupulosity have rigorous, obsessive moral beliefs that lead them to perform extreme, compulsive moral acts. A waitress with this condition checks and rechecks levels of cleaners and solvents to avoid any risk of poisoning her customers. Another individual asks repeatedly whether he fasted correctly, despite swallowing his own saliva. Those with scrupulosity stretch out their prayers for hours to be sure that they have said nothing incorrectly. They worry constantly about cleanliness, sinfulness, and all the ways they could be falling short of perfection. Using a range of fascinating case studies, Jesse S. Summers and Walter Sinnott-Armstrong argue that scrupulosity constitutes a mental illness and not moral sainthood. In doing so, they consider several important philosophical questions: Do the moral beliefs and judgments of those with scrupulosity differ from ours, or are these individuals just stricter in their moral observance? Are they morally responsible for their actions? Should they be pressured into psychiatric treatment, even when therapy leads them to act in ways they find immoral? Summers and Sinnott-Armstrong illustrate how psychiatric cases can inform the way we think about these and other philosophical issues, particularly those surrounding responsibility, rationality, and the nature of belief, morality, and mental illness. Clean Hands? will fascinate psychiatrists who treat patients with scrupulosity, philosophers who study morality, and anyone who has ever wondered about and struggled with the obligations and limits of morality.
The Fundamentals of Ethics
by Russ Shafer-LandauIn The Fundamentals of Ethics, Fifth Edition, author Russ Shafer-Landau employs a uniquely engaging writing style to introduce students to the essential ideas of moral philosophy. Offering more comprehensive coverage of the good life, normative ethics, and metaethics than any other text of its kind, this book also addresses issues that are often omitted from other texts, such as the doctrine of doing and allowing, the doctrine of double effect, ethical particularism, the desire-satisfaction theory of well-being, moral error theory, and Ross's theory of prima facie duties. Shafer-Landau carefully reconstructs and analyzes dozens of arguments in depth, at a level that is understandable to students with no prior philosophical background.
The Ethical Life: Fundamental Readings in Ethics and Moral Problems
by Russ Shafer-LandauBrief yet thorough and affordably priced, The Ethical Life: Fundamental Readings in Ethics and Moral Problems, Fifth Edition, is ideal for courses in introductory ethics and contemporary moral problems. Featuring forty-two readings divided into four parts, it introduces students to ethical theory and a wide range of moral issues. The essays include selections from such historically influential philosophers as Aristotle, Hume, Kant, and Mill alongside work by contemporary philosophers like Philippa Foot, Robert Nozick, Peter Singer, and Judith Jarvis Thomson. Detailed reading introductions provide helpful contextual information.
Cybersecurity, Ethics, and Collective Responsibility
by Seumas Miller Terry BossomaierThis is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform. The advent of the Internet, exponential growth in computing power, and rapid developments in artificial intelligence have raised numerous cybersecurity-related ethical questions in various domains. The dual use character of cybertechnology-that it can be used to provide great benefits to humankind but can also do great harm-means that business (data security, data ownership and privacy), public communication (disinformation and computational propaganda), health (privacy, ransomware attacks), law enforcement (data security, predictive policing) and interstate conflict (cyberwar, autonomous weapons) are of vital interest to cybersecurity ethics. This work analyses the key ethical concepts in the field, such as privacy, freedom of communication, security, and the right to self-defence, and develops sets of ethical guidelines for the regulation of cyberspace in these various domains. From a liberal democratic perspective, Seumas Miller and Terry Bossomaier seek to protect individual rights while ensuring the collective good of cybersecurity. They also pay close attention to institutionally embedded collective moral responsibilities that function as 'webs of prevention' against cyberattacks. These webs, they argue, need new regulation and the redesign of institutional roles, as well as technical countermeasures to cyberattacks, such as passwords, encryption, firewalls, and 'patching.' At times, webs of prevention also involve offensive and defensive measures. In their expert analysis and guidance, Miller and Bossomaier reinforce just how much is at stake in the field of cybersecurity ethics.
Cybersecurity, Ethics, and Collective Responsibility
by Seumas Miller Terry BossomaierThis is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform. The advent of the Internet, exponential growth in computing power, and rapid developments in artificial intelligence have raised numerous cybersecurity-related ethical questions in various domains. The dual use character of cybertechnology-that it can be used to provide great benefits to humankind but can also do great harm-means that business (data security, data ownership and privacy), public communication (disinformation and computational propaganda), health (privacy, ransomware attacks), law enforcement (data security, predictive policing) and interstate conflict (cyberwar, autonomous weapons) are of vital interest to cybersecurity ethics. This work analyses the key ethical concepts in the field, such as privacy, freedom of communication, security, and the right to self-defence, and develops sets of ethical guidelines for the regulation of cyberspace in these various domains. From a liberal democratic perspective, Seumas Miller and Terry Bossomaier seek to protect individual rights while ensuring the collective good of cybersecurity. They also pay close attention to institutionally embedded collective moral responsibilities that function as 'webs of prevention' against cyberattacks. These webs, they argue, need new regulation and the redesign of institutional roles, as well as technical countermeasures to cyberattacks, such as passwords, encryption, firewalls, and 'patching.' At times, webs of prevention also involve offensive and defensive measures. In their expert analysis and guidance, Miller and Bossomaier reinforce just how much is at stake in the field of cybersecurity ethics.
Moral Acrobatics: How We Avoid Ethical Ambiguity by Thinking in Black and White
by Philippe RochatAlthough it is difficult for us to fathom, pure monsters do not exist. Terrorists and other serial killers massacre innocent people, yet are perfectly capable of loving their own parents, neighbors, and children. Hitler, sending millions to their death, was contemptuous of meat eaters and a strong advocate of animal welfare. How do we reconcile such moral ambiguities? Do they capture something deep about how we build values? As a developmental scientist, Philippe Rochat explores this possibility, proposing that as members of a uniquely symbolic and self-conscious species aware of its own mortality, we develop uncanny abilities toward lying and self-deception. We are deeply categorical and compartmentalized in our views of the world. We imagine essence where there is none. We juggle double standards and manage contradictory values, clustering our existence depending on context and situations, whether we deal in relation to close kin, colleagues, strangers, lovers, or enemies. We live within multiple, interchangeable moral spheres. This social-contextual determination of the moral domain is the source of moral ambiguities and blatant contradictions we all need to own up to.
Moral Acrobatics: How We Avoid Ethical Ambiguity by Thinking in Black and White
by Philippe RochatAlthough it is difficult for us to fathom, pure monsters do not exist. Terrorists and other serial killers massacre innocent people, yet are perfectly capable of loving their own parents, neighbors, and children. Hitler, sending millions to their death, was contemptuous of meat eaters and a strong advocate of animal welfare. How do we reconcile such moral ambiguities? Do they capture something deep about how we build values? As a developmental scientist, Philippe Rochat explores this possibility, proposing that as members of a uniquely symbolic and self-conscious species aware of its own mortality, we develop uncanny abilities toward lying and self-deception. We are deeply categorical and compartmentalized in our views of the world. We imagine essence where there is none. We juggle double standards and manage contradictory values, clustering our existence depending on context and situations, whether we deal in relation to close kin, colleagues, strangers, lovers, or enemies. We live within multiple, interchangeable moral spheres. This social-contextual determination of the moral domain is the source of moral ambiguities and blatant contradictions we all need to own up to.
The Legacy of Racism for Children: Psychology, Law, and Public Policy
by Margaret C. Stevenson, Bettel. Bottoms and Kelly C . BurkeWhen children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater. The Legacy of Racism for Children: Psychology, Law, and Public Policy examines issues that arise when minority children's lives are directly or indirectly influenced by law and public policy. Uniquely comprehensive in scope, this trailblazing volume offers cutting-edge chapters on the intersections of race/ethnicity within the context of child maltreatment, child dependency court, custody and adoption, familial incarceration, school discipline and the "school-to-prison pipeline," juvenile justice, police/youth interactions, and jurors' perceptions of child and adolescent victims and defendants. The book also includes chapters focused on troubling situations that are less commonly researched, but growing in importance, including the role of race and racism in child sex trafficking and US immigration law and policy. Thus, individual chapters explore myriad ways in which law and policy shape the lives of marginalized children and adolescents - racial and ethnic minorities - who historically and presently are at heightened risk for experiencing disadvantageous consequences of law and policy. In so doing, The Legacy of Racism for Children can help social scientists to understand and work to prevent the perpetuation of racial discrimination in American laws and public policies.
The Legacy of Racism for Children: Psychology, Law, and Public Policy
When children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater. The Legacy of Racism for Children: Psychology, Law, and Public Policy examines issues that arise when minority children's lives are directly or indirectly influenced by law and public policy. Uniquely comprehensive in scope, this trailblazing volume offers cutting-edge chapters on the intersections of race/ethnicity within the context of child maltreatment, child dependency court, custody and adoption, familial incarceration, school discipline and the "school-to-prison pipeline," juvenile justice, police/youth interactions, and jurors' perceptions of child and adolescent victims and defendants. The book also includes chapters focused on troubling situations that are less commonly researched, but growing in importance, including the role of race and racism in child sex trafficking and US immigration law and policy. Thus, individual chapters explore myriad ways in which law and policy shape the lives of marginalized children and adolescents - racial and ethnic minorities - who historically and presently are at heightened risk for experiencing disadvantageous consequences of law and policy. In so doing, The Legacy of Racism for Children can help social scientists to understand and work to prevent the perpetuation of racial discrimination in American laws and public policies.
Criminally Ignorant: Why the Law Pretends We Know What We Don't
by Dr. Alexander SarchThis is a book about the legal fiction that sometimes we know what we don't. The willful ignorance doctrine says defendants who bury their heads in the sand rather than learn they're doing something criminal are punished as if they knew. Not all legal fictions are unjustified, however. This one, used within proper limits, is a defensible way to promote the aims of the criminal law. Preserving your ignorance can make you as culpable as if you knew what you were doing, and so the interests and values protected by the criminal law can be promoted by treating you as if you had knowledge. This book provides a careful defense of this method of imputing mental states based on equal culpability. On the one hand, the theory developed here shows why the willful ignorance doctrine is only partly justified and requires reform. On the other hand, it demonstrates that the criminal law needs more legal fictions of this kind. Repeated indifference to the truth may substitute for knowledge, and very culpable failures to recognize risks can support treating you as if you took those risks consciously. Moreover, equal culpability imputation should also be applied to corporations, not just individuals. Still, such imputation can be taken too far. We need to determine its limits to avoid injustice. Thus, the book seeks to place equal culpability imputation on a solid normative foundation, while demarcating its proper boundaries. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for reform.