Штраф 2. Fine - Штраф 3. Ticket - Штрафной талон 4. Citation - Штрафное извещение 5. Warning - Предупреждение о штрафе 6. Traffic violation - Нарушение правил дорожного движения 7. Speeding - Превышение скорости 8. Parking fine. Клингонский (pIqaD) азербайджанский албанский амхарский английский арабский армянский африкаанс баскский белорусский бенгальский бирманский болгарский боснийский валлийский венгерский вьетнамский гавайский галисийский греческий грузинский гуджарати датский зулу. Во время судебного разбирательства (court proceeding) выносят приговор (to pass verdict on smb) и назначают наказание (to mete out punishment to smb).
Срочно нужно 5 наказаний на английском языке?
Latest London news, business, sport, celebrity and entertainment from the London Evening Standard. наказание, предусмотрено различной степени тяжести, в соответствии с совершенным преступлением! Breaking news, live coverage, investigations, analysis, video, photos and opinions from The Washington Post. Subscribe for the latest on U.S. and international news, politics, business, technology, climate change, health and wellness, sports, science, weather, lifestyle and more. Four major tech companies were accused of agreeing not to poach each other's employees in order to drive down wages.
Punishment - произношение, транскрипция, перевод
Клингонский (pIqaD) азербайджанский албанский амхарский английский арабский армянский африкаанс баскский белорусский бенгальский бирманский болгарский боснийский валлийский венгерский вьетнамский гавайский галисийский греческий грузинский гуджарати датский зулу. For example, the original Russian title ("Преступление и наказание") is not the direct equivalent to the English "Crime and Punishment". "Преступление" (Prestupléniye) is literally translated as 'a stepping across'. контексты с "punishment" в английском с переводом "наказание" на русский от PROMT, устойчивые словосочетания и идиомы, значения слов в разных контекстах. Суд может наложить штраф. Смело включайте детективы в оригинале и наслаждайтесь! ❣ Привет, ребят! 👉 В прошлый раз мы разобрали различные преступления на английском, а теперь. Упражнения по теме "Преступление и наказание" (английский язык). The latest UK and world news, business, sport and comment from The Times and The Sunday Time.
Наказание - перевод с русского на английский
Клингонский (pIqaD) азербайджанский албанский амхарский английский арабский армянский африкаанс баскский белорусский бенгальский бирманский болгарский боснийский валлийский венгерский вьетнамский гавайский галисийский греческий грузинский гуджарати датский зулу. ТВ, кино, музыка на английском TV-Кино-Музыка. Top stories in the U.S. and world news, politics, health, science, business, music, arts and culture. Nonprofit journalism with a mission. This is NPR. punishment, penalty, chastisement, judgment, discipline, penance, plague. The latest UK and world news, business, sport and comment from The Times and The Sunday Time.
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Подробная информация о сериале Как избежать наказания за убийство на сайте Кинопоиск. Новости, спорт и мнения из глобального издания The Guardian | News. Как на английском сленге будет "смертник" (в смысле приговоренный к смертной казни)? / Перевод на английский "наказание". перевод на английский язык, синонимы, произношение, примеры предложений, антонимы, определение.
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Live news, investigations, opinion, photos and video by the journalists of The New York Times from more than 150 countries around the world. Subscribe for coverage of U.S. and international news, politics, business, technology, science, health, arts, sports and more. онлайн новости последнего часа Подбор самых актуальных новостей на сегодня. Статья подается в оригинале (на английском) и переводе (перевод не дословный). Kick is the most rewarding gaming and livestreaming platform. Sign-up for our beta and join the fastest growing streaming community. В статье рассмотрен перевод 'наказание' на английский язык с примером использования и полезными ссылками на другую лексику.
Примеры употребления "punishment" в английском с переводом "наказание"
Critics argue that punishment is simply revenge. Professor Deirdre Golash, author of The Case against Punishment: Retribution, Crime Prevention, and the Law, says: We ought not to impose such harm on anyone unless we have a very good reason for doing so. This remark may seem trivially true, but the history of humankind is littered with examples of the deliberate infliction of harm by well-intentioned persons in the vain pursuit of ends which that harm did not further, or in the successful pursuit of questionable ends. These benefactors of humanity sacrificed their fellows to appease mythical gods and tortured them to save their souls from a mythical hell, broke and bound the feet of children to promote their eventual marriageability, beat slow schoolchildren to promote learning and respect for teachers, subjected the sick to leeches to rid them of excess blood, and put suspects to the rack and the thumbscrew in the service of truth. They schooled themselves to feel no pity—to renounce human compassion in the service of a higher end. The deliberate doing of harm in the mistaken belief that it promotes some greater good is the essence of tragedy. We would do well to ask whether the goods we seek in harming offenders are worthwhile, and whether the means we choose will indeed secure them. But these are only the minimum harms, suffered by the least vulnerable inmates in the best-run prisons. Most prisons are run badly, and in some, conditions are more squalid than in the worst of slums.
In the District of Columbia jail, for example, inmates must wash their clothes and sheets in cell toilets because the laundry machines are broken. But even inmates in prisons where conditions are sanitary must still face the numbing boredom and emptiness of prison life—a vast desert of wasted days in which little in the way of meaningful activity is possible.
Some criminologists state that the number of people convicted for crime does not decrease as a result of more severe punishment and conclude that deterrence is ineffective. These criminologists therefore argue that lack of deterring effect of increasing the sentences for already severely punished crimes say nothing about the significance of the existence of punishment as a deterring factor. These criminologists argue that the use of statistics to gauge the efficiency of crime fighting methods are a danger of creating a reward hack that makes the least efficient criminal justice systems appear to be best at fighting crime, and that the appearance of deterrence being ineffective may be an example of this. Imprisonment separates offenders from the community, for example, Australia was a dumping ground for early British criminals. This was their way of removing or reducing the offenders ability to carry out certain crimes. The death penalty does this in a permanent and irrevocable way. In some societies, people who stole have been punished by having their hands amputated.
Crewe [46] however, has pointed out that for incapacitation of an offender to work, it must be the case that the offender would have committed a crime had they not been restricted in this way. Should the putative offender not be going to commit further crimes, then they have not been incapacitated. The more heinous crimes such as murders have the lowest levels of recidivism and hence are the least likely offences to be subject to incapacitative effects. Antisocial behaviour and the like display high levels of recidivism and hence are the kind of crimes most susceptible to incapacitative effects.
Поскольку принудительная власть… … Политология. Наказание — лат. Цели Н … Юридический словарь Наказание — мера принуждения, заключающаяся в предусмотренных законом лишении или ограничении прав и свобод, применяемая по приговору суда к лицу, признанному виновным в совершении преступления. Словарь бизнес терминов.
Заключается в лишении или ограничении прав и свобод осужденных. Мера воздействия на того, кто совершил проступок, преступление.
If we put them in prison, they can escape and commit another crime. It is cruel and inhumane.
People have been sentenced to death and later it was discovered that they were completely innocent. The poor and defenceless are more likely to be executed than the rich and powerful. And what do you think about it? From Speak Out 4, 1998 Смертная казнь В демократических странах существуют споры: как общество должно наказывать убийц?
Или террористов? Или похитителей? В некоторых странах смертная казнь была отменена. Но она все еще используется в других.
В США, 39 штатов имеют смертную казнь, а 11 нет.
Наказание - перевод с русского на английский
Хотя Ассоциация женщин — муниципальных депутатов Боливии АКОБОЛ и является органом, принимающим жалобы в связи со случаями преследований по политическим мотивам и политического насилия в отношении женщин, только 22 из 225 таких жалоб, поступивших в 2010—2013 годах, стали основанием для судебных процессов с целью наказания лиц, допустивших правонарушения. Еще 15 жалоб находятся на рассмотрении в административных органах, а остальные 184 не имели никаких последствий. Moreover, official data are lacking regarding the enforcement of Act No. UN-2 В качестве позитивной тенденции было отмечено, что большее число исполнителей актов сексуального насилия было арестовано и подверглось наказанию.
We have noted that more sexual offenders are being arrested and punished. UN-2 Постоянная квалификационная комиссия по амнистии является органом, которому поручается практическое выполнение конституционных полномочий президента Республики предоставлять помилование лицам, отбывающим наказание в виде лишения свободы за совершение того или иного преступления по общему праву. The Standing Committee for the Assessment of Pardons embodies the constitutional power of the President of the Republic to grant a pardon to whoever has received a custodial sentence for committing a common offence.
UN-2 "Наказание не только является карой за совершенное преступление, но и имеет целью исправление и перевоспитание осужденных в духе честного отношения к труду, точного исполнения законов, а также предупреждение совершения новых преступлений как осужденными, так и иными лицами.
He beat up an innocent man... Скопировать Ты знаешь, мы с ним не разговариваем. Это часть его наказания. Как ты можешь часами сидеть и слушать это? How can you just sit here hour after hour and listen to that? Скопировать — Школьный лагерь. Тони, у них там разрешены телесные наказания. Школьный психолог Вито рассказывыал мне про эти лагеря. Они расположены в штатах Юта и Айдахо, потому что там закон разрешает бить детей.
Tony, they allow corporal punishment. Ёто действительно изобретательно! Torturing each other! You wanna hear a really cool torture that the romans invented? They also used it as a form of capital punishment!
One more mixed view worth noting holds that punishment is justified as a means of teaching a moral lesson to those who commit crimes, and perhaps to community members more generally the seminal articulations of this view are H. Morris 1981 and Hampton 1984; for a more recent account, see Demetriou 2012; for criticism, see Deigh 1984, Shafer-Landau 1991. But education theorists also take seriously the Hegelian worry discussed earlier; they view punishment not as a means of conditioning people to behave in certain ways, but rather as a means of teaching them that what they have done should not be done because it is morally wrong. Thus although the education view sets offender reform as an end, it also implies certain nonconsequentialist constraints on how we may appropriately pursue this end.
Another distinctive feature of the moral education view is that it conceives of punishment as aiming to confer a benefit on the offender: the benefit of moral education. Critics have objected to the moral education view on various grounds, however. Some are sceptical about whether punishment is the most effective means of moral education. Others deny that most offenders need moral education; many offenders realise what they are doing is wrong but are weak-willed, impulsive, etc. Each of the theories discussed in this section incorporates, in various ways, consequentialist and nonconsequentialist elements. Whether any of these is more plausible than pure consequentialist or pure retributivist alternatives is, not surprisingly, a matter of ongoing philosophical debate. One possibility, of course, is that none of the theories on offer is successful because punishment is, ultimately, unjustifiable. The next section considers penal abolitionism. Abolition and Alternatives Abolitionist theorising about punishment takes many different forms, united only by the insistence that we should seek to abolish, rather than merely to reform, our practices of punishment.
Classic abolitionist texts include Christie 1977, 1981; Hulsman 1986, 1991; de Haan 1990; Bianchi 1994. An initial question is precisely what practices should be abolished. Some abolitionists focus on particular modes of punishment, such as capital punishment see, e. Davis 2003. Insofar as such critiques are grounded in concerns about racial disparities, mass incarceration, police abuses, and other features of the U. At the same time, insofar as the critiques are based on particular features of the U. By contrast, other abolitionist accounts focus not on some particular mode s of punishment, or on a particular mode of punishment as administered in this or that legal system, but rather on criminal punishment in any form see, e. The more powerful abolitionist challenge is that punishment cannot be justified even in principle. After all, when the state imposes punishment, it treats some people in ways that would typically outside the context of punishment be impermissible.
It subjects them to intentionally burdensome treatment and to the condemnation of the community. Abolitionists find that the various attempted justifications of this intentionally burdensome condemnatory treatment fail, and thus that the practice is morally wrong — not merely in practice but in principle. For such accounts, a central question is how the state should respond to the types of conduct for which one currently would be subject to punishment. In this section we attend to three notable types of abolitionist theory and the alternatives to punishment that they endorse. But one might regard this as a false dichotomy see Allais 2011; Duff 2011a. A restorative process that is to be appropriate to crime must therefore be one that seeks an adequate recognition, by the offender and by others, of the wrong done—a recognition that must for the offender, if genuine, be repentant; and that seeks an appropriate apologetic reparation for that wrong from the offender. But those are also the aims of punishment as a species of secular penance, as sketched above. A system of criminal punishment, however improved it might be, is of course not well designed to bring about the kind of personal reconciliations and transformations that advocates of restorative justice sometimes seek; but it could be apt to secure the kind of formal, ritualised reconciliation that is the most that a liberal state should try to secure between its citizens. If we focus only on imprisonment, which is still often the preferred mode of punishment in many penal systems, this suggestion will appear laughable; but if we think instead of punishments such as Community Service Orders now part of what is called Community Payback or probation, it might seem more plausible.
This argument does not, of course, support that account of punishment against its critics. A similar issue is raised by the second kind of abolitionist theory that we should note here: the argument that we should replace punishment by a system of enforced restitution see e. For we need to ask what restitution can amount to, what it should involve, if it is to constitute restitution not merely for any harm that might have been caused, but for the wrong that was done; and it is tempting to answer that restitution for a wrong must involve the kind of apologetic moral reparation, expressing a remorseful recognition of the wrong, that communicative punishment on the view sketched above aims to become. More generally, advocates of restorative justice and of restitution are right to highlight the question of what offenders owe to those whom they have wronged — and to their fellow citizens see also Tadros 2011 for a focus on the duties that offenders incur. Some penal theorists, however, especially those who connect punishment to apology, will reply that what offenders owe precisely includes accepting, undertaking, or undergoing punishment. A third alternative approach that has gained some prominence in recent years is grounded in belief in free will scepticism, the view that human behaviour is a result not of free will but of determinism, luck, or chance, and thus that the notions of moral responsibility and desert on which many accounts of punishment especially retributivist theories depend are misguided see s. As an alternative to holding offenders responsible, or giving them their just deserts, some free will sceptics see Pereboom 2013; Caruso 2021 instead endorse incapacitating dangerous offenders on a model similar to that of public health quarantines. Just as it can arguably be justified to quarantine someone carrying a transmissible disease even if that person is not morally responsible for the threat they pose, proponents of the quarantine model contend that it can be justified to incapacitate dangerous offenders even if they are not morally responsible for what they have done or for the danger they present. One question is whether the quarantine model is best understood as an alternative to punishment or as an alternative form of punishment.
Beyond questions of labelling, however, such views also face various lines of critique. In particular, because they discard the notions of moral responsibility and desert, they face objections, similar to those faced by pure consequentialist accounts see s. International Criminal Law and Punishment Theoretical discussions of criminal punishment and its justification typically focus on criminal punishment in the context of domestic criminal law. But a theory of punishment must also have something to say about its rationale and justification in the context of international criminal law: about how we should understand, and whether and how we can justify, the punishments imposed by such tribunals as the International Criminal Court. For we cannot assume that a normative theory of domestic criminal punishment can simply be read across into the context of international criminal law see Drumbl 2007. Rather, the imposition of punishment in the international context raises distinctive conceptual and normative issues. Such international intervention is only justified, however, in cases of serious harm to the international community, or to humanity as a whole. Crimes harm humanity as a whole, on this account, when they are group-based either in the sense that they are based on group characteristics of the victims or are perpetrated by a state or another group agent. Such as account has been subject to challenge focused on its harm-based account of crime Renzo 2012 and its claim that group-based crimes harm humanity as a whole A.
Altman 2006. We might think, by contrast, that the heinousness of a crime or the existence of fair legal procedures is not enough. We also need some relational account of why the international legal community — rather than this or that domestic legal entity — has standing to call perpetrators of genocide or crimes against humanity to account: that is, why the offenders are answerable to the international community see Duff 2010. For claims of standing to be legitimate, they must be grounded in some shared normative community that includes the perpetrators themselves as well as those on behalf of whom the international legal community calls the perpetrators to account. For other discussions of jurisdiction to prosecute and punish international crimes, see W. Lee 2010; Wellman 2011; Giudice and Schaeffer 2012; Davidovic 2015. Another important question is how international institutions should assign responsibility for crimes such as genocide, which are perpetrated by groups rather than by individuals acting alone. Such questions arise in the domestic context as well, with respect to corporations, but the magnitude of crimes such as genocide makes the questions especially poignant at the international level. Several scholars in recent years have suggested, however, that rather than focusing only on prosecuting and punishing members of the groups responsible for mass atrocities, it may sometimes be preferable to prosecute and punish the entire group qua group.
A worry for such proposals is that, because punishment characteristically involves the imposition of burdens, punishment of an entire group risks inflicting punitive burdens on innocent members of the group: those who were nonparticipants in the crime, or perhaps even worked against it or were among its victims. In response to this concern, defenders of the idea of collective punishment have suggested that it need not distribute among the members of the group see Erskine 2011; Pasternak 2011; Tanguagy-Renaud 2013; but see Hoskins 2014b , or that the benefits of such punishment may be valuable enough to override concerns about harm to innocents see Lang 2007: 255. Many coercive measures are imposed even on those who have not been convicted, such as the many kinds of restriction that may be imposed on people suspected of involvement in terrorism, or housing or job restrictions tied merely to arrests rather than convictions. The legal measures are relevant for punishment theorists for a number of reasons, but here we note just two: First, at least some of these restrictive measures may be best regarded as as additional forms of punishment see Lippke 2016: ch. For such measures, we must ask whether they are or can be made to be consistent with the principles and considerations we believe should govern impositions of punishment. Second, even if at least some measures are not best regarded as additional forms of punishment, we should ask what justifies the state in imposing additional coercive measures on those convicted of crimes outside the context of the punishment itself see Ashworth and Zedner 2011, 2012; Ramsay 2011; Ashworth, Zedner, and Tomlin 2013; Hoskins 2019: chs. For instance, if we regard punishment as the way in which offenders pay their debts to society, we can argue that it is at least presumptively unjustified for the state to impose additional burdensome measures on offenders once this debt has been paid. To say that certain measures are presumptively unjustified is not, of course, to establish that they are all-things-considered prohibited. Various collateral consequences — restrictions on employment or housing, for example — are often defended as public safety measures.
We might argue see Hoskins 2019: ch. Public safety restrictions could only be justifiable, however, when there is a sufficiently compelling public safety interest, when the measures will be effective in serving that interest, when the measures will not do more harm than good, and when there are no less burdensome means of achieving the public safety aim. Even for public safety measures that meet these conditions, we should not lose sight of the worry that imposing such restrictions on people with criminal convictions but who have served their terms of punishment denies them the equal treatment to which they, having paid their debt, are entitled on this last worry, see, e. In addition to these formal legal consequences of a conviction, people with criminal records also face a range of informal collateral consequences, such as social stigma, family tensions, discrimination by employers and housing authorities, and financial challenges. These consequences are not imposed by positive law, but they may be permitted by formal legal provisions such as those that grant broad discretion to public housing authorities in the United States making admission decisions or facilitated by them such as when laws making criminal records widely accessible enable employers or landlords to discriminate against those with criminal histories. There are also widely documented burdensome consequences of a conviction to the family members or loved ones of those who are convicted, and to their communities. These sorts of informal consequences of criminal convictions appear less likely than the formal legal consequences to constitute legal punishment, insofar as they are not intentionally imposed by the state but see Kolber 2012. Still, the informal collateral consequences of a conviction are arguably relevant to theorising about punishment, and we should examine when, if ever, such burdens are relevant to sentencing determinations on sentencing, see s. Further Issues A number of further important questions are relevant to theorising about punishment, which can only be noted here.
First, there are questions about sentencing. Who should decide what kinds and what levels of sentence should be attached to different offences or kinds of offence: what should be the respective roles of legislatures, of sentencing councils or commissions, of appellate courts, of trial judges, of juries? What kinds of punishment should be available to sentencers, and how should they decide which mode of punishment is appropriate for the particular offence? Considerations of the meaning of different modes of punishment should be central to these questions see e. Second, there are questions about the relation between theory and practice — between the ideal, as portrayed by a normative theory of punishment, and the actualities of existing penal practice. Suppose we have come to believe, as a matter of normative theory, that a system of legal punishment could in principle be justified — that the abolitionist challenge can be met. It is, to put it mildly, unlikely that our normative theory of justified punishment will justify our existing penal institutions and practices: it is far more likely that such a theory will show our existing practices to be radically imperfect — that legal punishment as it is now imposed is far from meaning or achieving what it should mean or achieve if it is to be adequately justified see Heffernan and Kleinig 2000. If our normative theorising is to be anything more than an empty intellectual exercise, if it is to engage with actual practice, we then face the question of what we can or should do about our current practices. The obvious answer is that we should strive so to reform them that they can be in practice justified, and that answer is certainly available to consequentialists, on the plausible assumption that maintaining our present practices, while also seeking their reform, is likely to do more good or less harm than abandoning them.
But for retributivists who insist that punishment is justified only if it is just, and for communicative theorists who insist that punishment is just and justified only if it communicates an appropriate censure to those who deserve it, the matter is harder: for to maintain our present practices, even while seeking their radical reform, will be to maintain practices that perpetrate serious injustice see Murphy 1973; Duff 2001, ch. Finally, the relation between the ideal and the actual is especially problematic in the context of punishment partly because it involves the preconditions of just punishment. That is to say, what makes an actual system of punishment unjust ified might be not its own operations as such what punishment is or achieves within that system , but the absence of certain political, legal and moral conditions on which the whole system depends for its legitimacy see Duff 2001, ch. Recent scholarship on punishment has increasingly acknowledged that the justification of punishment depends on the justification of the criminal law more generally, and indeed the legitimacy of the state itself see s. For example, if the state passes laws criminalising conduct that is not justifiably prohibited, then this calls into question the justification of the punishment it imposes for violations of these laws. Similarly, if the procedures by which criminal justice officials apprehend, charge, and prosecute individuals are unjustified, then the subsequent inflictions of punishment will be unjustified as well see Ristroph 2015 and 2016; on specific aspects of criminal procedure, see, e. Bibliography Primoratz 1999, Honderich 2005, Ellis 2012, and Brooks 2013 are useful introductory books. Duff and Garland 1994; Ashworth, von Hirsch; and Roberts 2009; and Tonry 2011 are useful collections of readings. Adelsberg, L.
Guenther, and S. Adler, J. Alexander, L. Allais, L. Altman, A. Altman, M. Anderson, J. Ardal, P. Ashworth, A.
Roberts eds. Duff and S. Zedner, and P. Tomlin eds. Bagaric, M. Baker, B. Cragg ed. Barnett, R. Becker, L.
Bennett, C. Flanders and Z. Hoskins eds. Bentham, J. Berman, M. Green eds. Bianchi, H. Bickenbach, J. Boonin, D.
Bottoms, A. Ashworth and M. Wasik eds.
Скопировать Бернард Феррион, вы арестованы за убийство Деллы Феррион. На прошлой неделе они арестовали тебя за то, что ты стукнул свою мать, формально ты избежал наказания С чего они вообще о тебе подумали? They arrested you last week for whacking your mother. You got off on a technicality. Now, the woman next door turns up dead from a blow to the head. What could possibly make them think of you?
Скопировать Он не может быть превыше закона только потому, что он полицейский. Он не должен избежать наказания только благодаря неожиданному результату. Он избил невинного человека, сломал скулу, сломал руку, отправил его в больницу. He beat up an innocent man... Скопировать Ты знаешь, мы с ним не разговариваем. Это часть его наказания. Как ты можешь часами сидеть и слушать это? How can you just sit here hour after hour and listen to that?
Тема "Преступления в нашем обществе" (Crime in our society)
О соглашении между Pfizer и Министерством юстиции Соединенных Штатов было объявлено в сентябре. Это соглашение является крупнейшим за всю историю страны по судебному делу в связи с мошенничеством в области здравоохранения. Оно также включает крупнейший уголовный штраф среди любых судебных решений в Соединенных Штатах — более одного миллиарда долларов. Pfizer согласилась уплатить еще миллиард долларов за нарушение гражданского законодательства — Закона о фальсифицированных требованиях. Pfizer, расположенная в Нью-Йорке, произвела в прошлом году продаж на сумму сорок восемь миллиардов долларов. Pfizer проталкивала то есть продвигала на рынок, стимулировала, рекламировала продажи Bextra для применения в некоторых случаях, не одобренных государственными органами в связи с угрозой безопасности. Оно также предлагалось для использования в неутвержденных дозах. Pfizer изъяла Bextra с рынка в 2005 году из-за связи с сердечными приступами и другими проблемами. Pfizer также столкнулась с гражданскими исками в связи с Bextra, а также с тремя другими лекарственными препаратами.
Официальные лица заявили, что Pfizer платила поставщикам медицинских услуг за прописывание этих лекарственных препаратов для обстоятельств случаев иных, чем те, для которых они одобрены. Это называется использованием лекарства с нарушением инструкции по применению. Врачам было разрешено пробовать использование с нарушением инструкции по применению для лечения своих пациентов. Смысл в том, что врач мог бы найти другие способы эффективного применения лекарственного препарата.
With hundreds of arbitrary storylines in our heads, this craving is increasingly compelling and hard to ignore.
Scientists used to think that the dense connections formed among the 100 billion neurons inside our skulls were largely fixed by the time we reached adulthood. Today we know that this is not the case. Nerve cells routinely break old connections and form new ones. The more news we consume, the more we exercise the neural circuits devoted to skimming and multitasking while ignoring those used for reading deeply and thinking with profound focus. Most news consumers — even if they used to be avid book readers — have lost the ability to absorb lengthy articles or books.
After four, five pages they get tired, their concentration vanishes, they become restless. Новости работают как наркотик Узнав о каком-либо происшествии, мы хотим узнать и чем оно закончится. Помня о сотнях сюжетов из новостей, мы все меньше способны контролировать это стремление. Ученые привыкли думать, что плотные связи среди 100 миллиардов нейронов в наших головах уже окончательно сложились к тому моменту, когда мы достигаем зрелого возраста. Сегодня мы знаем, что это не так.
Нервные клетки регулярно разрывают старые связи и образуют новые. Чем больше новостей мы потребляем, тем больше мы тренируем нейронные цепи, отвечающие за поверхностное ознакомление и выполнение множественных задач, игнорируя те, которые отвечают за чтение и сосредоточенное мышление. Большинство потребителей новостей — даже если они раньше были заядлыми читателями книг — потеряли способность читать большие статьи или книги. После четырех-пяти страниц они устают, концентрация исчезает, появляется беспокойство. Это не потому, что они стали старше или у них появилось много дел.
Просто физическая структура мозга изменилась. News wastes time. Information is no longer a scarce commodity. But attention is. You are not that irresponsible with your money, reputation or health.
Why give away your mind? Новости убивают время Если вы читаете новости по 15 минут утром, потом просматриваете их 15 минут в середине дня, 15 минут перед сном, еще по 5 минут на работе, теперь сосчитаем, сколько времени вы сфокусированы на новостях, то вы теряете как минимум пол дня еженедельно. Новости — не столь ценный товар по сравнению с нашим вниманием. Мы уделяем внимание деньгам, репутации, здоровью. Почему же не заботимся о собственном сознании.
News makes us passive. News stories are overwhelmingly about things you cannot influence. It grinds us down until we adopt a worldview that is pessimistic, desensitised, sarcastic and fatalistic. The scientific term is «learned helplessness». Новости делают нас пассивными Подавляющее большинство новостей рассказывают о вещах, на которые вы не можете повлиять.
Ежедневное повторение того, что мы бессильны делает нас пассивными. Они перемалывают нас, пока мы не смиримся с пессимистичным, бесчувственным, саркастическим и фаталистическим мировоззрением. Есть термин для этого явления — «заученная беспомощность». Я не удивлюсь, если узнаю, что новости являются одной из причин распространяющейся массовой депрессии. News kills creativity.
Finally, things we already know limit our creativity. This is one reason that mathematicians, novelists, composers and entrepreneurs often produce their most creative works at a young age. Their brains enjoy a wide, uninhabited space that emboldens them to come up with and pursue novel ideas. On the other hand, I know a bunch of viciously uncreative minds who consume news like drugs.
Это называется использованием лекарства с нарушением инструкции по применению. Врачам было разрешено пробовать использование с нарушением инструкции по применению для лечения своих пациентов. Смысл в том, что врач мог бы найти другие способы эффективного применения лекарственного препарата. Однако федеральный закон запрещает фармацевтическим компаниям продажи своей продукции для не одобренного использования. Каталин Сибилиус — Министр здравоохранения и социального обеспечения. Она сказала, что соглашение включает наиболее всеобъемлющее соглашение о корпоративной этике, которое фармацевтическая компания когда-либо подписала в Соединенных Штатах.
В соответствии с этим соглашением врачи будут иметь возможность сообщать о нарушениях со стороны торговых представителей Pfizer. Чиновники также сказали, что Pfizer должна будет делать «подробные раскрытия» на своем интернет-сайте. В феврале Pfizer объявила о своем плане публичного раскрытия своих финансовых отношений с врачами, медицинскими организациями и группами пациентов. Однако, это не первое соглашение компании с государством о корпоративной этике. К настоящему времени Pfizer оштрафована за незаконные продажи четыре раза с 2002 года. Прописывание лекарств представляет собой только одну десятую часть затрат на медицинское обслуживание в Соединенных Штатах. Но быстро растущий спрос и цены сделали их частью дебатов по реформе здравоохранения.
The death penalty should be outlawed because of too […] Have no time to work on your essay? Place order Why the Death Penalty is Unjust Words: 1421 Pages: 5 6275 Capital punishment being either a justifiable law, or a horrendous, unjust act can be determined based on the perspective of different worldviews. In a traditional Christian perspective, the word of God given to the world in The Holy Bible should only be abided by. The Holy Bible states that no man or woman should shed the blood of another man or woman. Christians are taught to teach a greater amount of sacrifice for the sake of the Lord. Most crimes include treason, espionage, murder, large-scale drug trafficking, and murder towards a juror, witness, or a court officer in some cases. These are a few examples compared to the forty-one federal capital offenses to date. This is in large part because of the views many have toward the rule of law or an acceptance to the status quo. In order to get a true scope of the death penalty, it is best to address potential biases from a particular ethical viewpoint. By looking at it from several theories of punishment, selecting the most viable theory makes it a […] Have no time to work on your essay? However, the first recorded death sentence took place in 16th Century BC Egypt, where executions were carried out with an ax. Since the very beginning, people were treated according to their social status; those wealthy were rarely facing brutal executions; on the contrary, most of the population was facing cruel executions. You see them grab the plate, smash it on the ground and look you straight in the eyes. Are they deserving of a punishment? Now what if I say your child is three years old. But since your child broke that one plate, your kid is being put on death row. Globally, America stands number five in carrying executions Lockie. Since its resurrection in 1976, the year in which the Supreme Court reestablished the constitutionality of the death penalty, more than 1,264 people have been executed, predominantly by the medium of lethal injection The Guardian. Almost all death penalty cases entangle the execution of assassins; although, they may also be applied […] Have no time to work on your essay? Springer 2011 documents how the death penalty convictions declined due to economic reasons. The state spends up to 3 times more when seeking a death penalty than when pursuing a life in prison without the possibility of parole. Naturally, America refuses to tolerate the crimes committed by those who view themselves as above the law. Once these convicts are apprehended, they are brought to justice. In the past, these criminals often faced an ultimate punishment: the death penalty. Mercy was a foreign concept due to their underdeveloped understanding of the value […] Costs: Death Penalty Versus Prison Costs Words: 987 Pages: 3 4663 The Conservatives Concerned Organization challenges the notion that the death penalty is more cost effective compared to prison housing and feeding costs. The organization argues that the death penalty is an expensive lengthy and complicated process concluding that it is not only a bloated program that delays justice and bogs down the enforcement of the law, it is also an inefficient justice process that diverts financial resources from law enforcement programs that could protect individuals and save lives.
Russian Politics & Diplomacy
Sometimes criminals kidnap rich people or their kids and ask for a ransom to be paid for them. Among them are tax evasion when people are accused of not paying taxes on purpose , bribery, identity theft when a criminal steals personal information of another person in order to use his credit cards or bank accounts, for example. To crown it all, we must regret that today a great deal of crimes is committed by teenagers who want to become independent as soon as possible and to find a royal road to getting much money. Moreover, modern TV programs and films containing much violence and sex often have huge and negative influence on teenagers. In conclusion I should say that crime prevention in our society is an extremely difficult and complicated task because we should change our social and moral principles at large. Перевод Преступления в нашем современном обществе Преступления окружают нас многие столетия.
Каждый день, когда мы открываем газету или включаем телевизор, почти все, что мы читаем или слышим — это преступники и их противоправные действия. По закону люди, совершившие преступления, должны быть наказаны, заключены в тюрьму или даже приговорены к смертной казни.
A consequentialist must justify punishment if she is to justify it at all as a cost-effective means to certain independently identifiable goods for two simple examples of such theories, see Wilson 1983; Walker 1991. Whatever account she gives of the final good or goods at which all action ultimately aims, the most plausible immediate good that a system of punishment can bring is the reduction of crime. A rational consequentialist system of law will define as criminal only conduct that is in some way harmful; in reducing crime we will thus be reducing the harms that crime causes. It is commonly suggested that punishment can help to reduce crime by deterring, incapacitating, or reforming potential offenders though for an argument that incapacitation is not a genuinely punitive aim, see Hoskins 2016: 260. There are of course other goods that a system of punishment can bring.
It can reassure those who fear crime that the state is taking steps to protect them—though this is a good that, in a well-informed society, will be achieved only insofar as the more immediate preventive goods are achieved. It can also bring satisfaction to those who want to see wrongdoers suffer — though to show that to be a genuine good, rather than merely a means of averting vigilantism and private revenge, we would need to show that it involves something more than mere vengeance, which would be to make sense of some version of retributivism. In consequentialist terms, punishment will be justified if it is an effective means of achieiving its aim, if its benefits outweigh its costs, and if there is no less burdensome means of achieving the same aim. It is a contingent question whether punishment can satisfy these conditions, and some objections to punishment rest on the empirical claim that it cannot — that there are more effective and less burdensome methods of crime reduction see Wootton 1963; Menninger 1968; Golash 2005: chs. Our focus here, however, will be on the moral objections to consequentialist accounts of punishment — objections, basically, that crime-reductive efficiency does not suffice to justify a system of punishment. The most familiar line of objection to consequentialist penal theories contends that consequentialists would be committed to regarding manifestly unjust punishments the punishment of those known to be innocent, for instance, or excessively harsh punishment of the guilty to be in principle justified if they would efficiently serve the aim of crime reduction: but such punishments would be wrong, because they would be unjust see e. There are some equally familiar consequentialist responses to this objection.
Another is to argue that in the real world it is extremely unlikely that such punishments would ever be for the best, and even less likely that the agents involved could be trusted reliably to pick out those rare cases in which they would be: thus we, and especially our penal officials, will do best if we think and act as if such punishments are intrinsically wrong and unjustifiable see e. Another objection to consequentialist accounts focuses not on potential wrongs done to the innocent but rather on the wrong allegedly done to the guilty. Consequentialist punishment, on this objection, fails to respect the person punished as an autonomous moral agent. In Kantian terms, such punishment treats those punished as mere means to achieving some social good, rather than respecting them as ends in themselves Kant 1797: 473; Murphy 1973. One might argue that if punishment is reserved for those who voluntarily break the law, it does not treat them merely as means. Indeed, Kant himself suggested that as long as we reserve punishment only for those found guilty of crimes, then it is permissible to punish with an eye toward potential benefits Kant 1797: 473. As we have seen, though, insofar as such an approach relies on endorsing prohibitions on punishment of the innocent or disproportionate punishment of the guilty, the challenge remains that such constraints appear to be merely contingent if grounded in consequentialist considerations.
Conversely, if the constraints are more than merely contingent, it appears that they will be based on some deontological considerations, in which case the overall theory will no longer be purely consequentialist, but rather a mixed theory see s. The criminal law, and the institution of punishment, in a liberal society should treat offenders as still members of the polity who despite having violated its values could, and should, nonetheless re commit to these values. A possible response is that a penal system aimed at crime reduction through deterrence need not be exclusionary, as it treats all community members equally, namely as potential offenders Hoskins 2011a: 379—81. Retributivist Accounts Whereas consequentialist accounts regard punishment as justified instrumentally, as a means to achieving some valuable goal typically crime reduction , retributivist accounts contend that punishment is justified as an intrinsically appropriate, because deserved, response to wrongdoing but see Berman 2011 for an argument that some recent versions of retributivism actually turn it into a consequentialist theory. Penal desert constitutes not just a necessary, but an in-principle sufficient reason for punishment only in principle, however, since there are good reasons — to do with the costs, both material and moral, of punishment — why we should not even try to punish all the guilty. Negative retributivism, by contrast, provides not a positive reason to punish, but rather a constraint on punishment: punishment should be imposed only on those who deserve it, and only in proportion with their desert. Because negative retributivism represents only a constraining principle, not a positive reason to punish, it has been employed in various mixed accounts of punishment, which endorse punishment for consequentialist reasons but only insofar as the punishment is no more than is deserved see s.
A striking feature of penal theorising during the last three decades of the twentieth century was a revival of positive retributivism — of the idea that the positive justification of punishment is to be found in its intrinsic character as a deserved response to crime see H. Morris 1968; N. Morris 1974; Murphy 1973; von Hirsch 1976; two useful collections of contemporary papers on retributivism are White 2011 and Tonry 2012. Positive retributivism comes in very different forms Cottingham 1979. All can be understood, however, as attempting to answer the two central questions faced by any retributivist theory of punishment. Davis 1972 — and what do they deserve to suffer see Ardal 1984; Honderich 2005, ch. Second, even if they deserve to suffer, or to be burdened in some distinctive way, why should it be for the state to inflict that suffering or that burden on them through a system of criminal punishment Murphy 1985; Husak 1992 and 2015; Shafer-Landau 1996; Wellman 2009?
One retributivist answer to these questions is that crime involves taking an unfair advantage over the law-abiding, and that punishment removes that unfair advantage. The criminal law benefits all citizens by protecting them from certain kinds of harm: but this benefit depends upon citizens accepting the burden of self-restraint involved in obeying the law. The criminal takes the benefit of the self-restraint of others but refuses to accept that burden herself: she has gained an unfair advantage, which punishment removes by imposing some additional burden on her see H. Morris 1968; Murphy 1973; Sadurski 1985; Sher 1987, ch. This kind of account does indeed answer the two questions noted above. However, such accounts have internal difficulties: for instance, how are we to determine how great was the unfair advantage gained by a crime; how far are such measurements of unfair advantage likely to correlate with our judgements of the seriousness of crimes? Davis 1992, 1996; for criticism, see Scheid 1990, 1995; von Hirsch 1990.
Such accounts try to answer the first of the two questions noted above: crime deserves punishment in the sense that it makes appropriate certain emotions resentment, guilt which are satisfied by or expressed in punishment. Criminal wrongdoing should, we can agree, provoke certain kinds of emotion, such as self-directed guilt and other-directed indignation; and such emotions might typically involve a desire to make those at whom they are directed suffer. At the least we need to know more than we are told by these accounts about just what wrongdoers deserve to suffer, and why the infliction of suffering should be an appropriate way to express such proper emotions. For critical discussions of Murphy, see Murphy and Hampton 1988, ch. On Moore, see Dolinko 1991: 555—9; Knowles 1993; Murphy 1999. See also Murphy 2003, 2012. More recently, critics of emotion-based retributivist accounts have contended that the emotions on which retributive and other deontological intuitions are based have evolved as mechanisms to stabilise cooperation; given that we have retributive emotions only because of their evolutionary fitness, it would be merely a coincidence if intuitions based on these emotions happened to track moral truths about, e.
A problem with such accounts is that they appear to prove too much: consequentialist accounts also rely on certain evaluation intuitions about what has value, or about the proper way to respond to that which we value ; insofar as such intuitions are naturally selected, then it would be no less coincidental if they tracked moral truths than if retributive intuitions did so. Thus the consequentialist accounts that derive from these intuitions would be similarly undermined by this evolutionary argument see Kahane 2011; Mason 2011; but see Wiegman 2017. A third version of retributivism holds that when people commit a crime, they thereby incur a moral debt to their victims, and punishment is deserved as a way to pay this debt McDermott 2001. This moral debt differs from the material debt that an offender may incur, and thus payment of the material debt returning stolen money or property, etc. Punishment as Communication Perhaps the most influential version of retributivism in recent decades seeks the meaning and justification of punishment as a deserved response to crime in its expressive or communicative character. On the expressive dimension of punishment, see generally Feinberg 1970; Primoratz 1989; for critical discussion, see Hart 1963: 60—69; Skillen 1980; M. Davis 1996: 169—81; A.
Lee 2019. Consequentialists can of course portray punishment as useful partly in virtue of its expressive character see Ewing 1927; Lacey 1988; Braithwaite and Pettit 1990 ; but a portrayal of punishment as a mode of deserved moral communication has been central to many recent versions of retributivism. The central meaning and purpose of punishment, on such accounts, is to convey the censure or condemnation that offenders deserve for their crimes. On other such accounts, the primary intended audience of the condemnatory message is the offender himself, although the broader society may be a secondary audience see Duff 2001: secs. Once we recognise that punishment can serve this communicative purpose, we can see how such accounts begin to answer the two questions that retributivists face. First, there is an obviously intelligible justificatory relationship between wrongdoing and condemnation: whatever puzzles there might be about other attempts to explain the idea of penal desert, the idea that it is appropriate to condemn wrongdoing is surely unpuzzling. For other examples of communicative accounts, see especially von Hirsch 1993: ch.
For critical discussion, see M. Davis 1991; Boonin 2008: 171—80; Hanna 2008; Matravers 2011a. Two crucial lines of objection face any such justification of punishment as a communicative enterprise. The first line of critique holds that, whether the primary intended audience is the offender or the community generally, condemnation of a crime can be communicated through a formal conviction in a criminal court; or it could be communicated by some further formal denunciation issued by a judge or some other representative of the legal community, or by a system of purely symbolic punishments which were burdensome only in virtue of their censorial meaning. Is it because they will make the communication more effective see Falls 1987; Primoratz 1989; Kleinig 1991? And anyway, one might worry that the hard treatment will conceal, rather than highlight, the moral censure it should communicate see Mathiesen 1990: 58—73. One sort of answer to this first line of critique explains penal hard treatment as an essential aspect of the enterprise of moral communication itself.
Punishment, on this view, should aim not merely to communicate censure to the offender, but to persuade the offender to recognise and repent the wrong he has done, and so to recognise the need to reform himself and his future conduct, and to make apologetic reparation to those whom he wronged. His punishment then constitutes a kind of secular penance that he is required to undergo for his crime: its hard treatment aspects, the burden it imposes on him, should serve both to assist the process of repentance and reform, by focusing his attention on his crime and its implications, and as a way of making the apologetic reparation that he owes see Duff 2001, 2011b; see also Garvey 1999, 2003; Tudor 2001; Brownless 2007; Hus 2015; for a sophisticated discussion see Tasioulas 2006. This type of account faces serious objections see Bickenbach 1988; Ten 1990; von Hirsch 1999; Bagaric and Amarasekara 2000; Ciocchetti 2004; von Hirsch and Ashworth 2005: ch. The second line of objection to communicative versions of retributivism — and indeed against retributivism generally — charges that the notions of desert and blame at the heart of retributivist accounts are misplaced and pernicious. One version of this objection is grounded in scepticism about free will. In response, retributivists may point out that only if punishment is grounded in desert can we provide more than contingent assurances against punishment of the innocent or disproportionate punishment of the guilty, or assurances against treating those punished as mere means to whatever desirable social ends see s. Another version of the objection is not grounded in free will scepticism: it allows that people may sometimes merit a judgement of blameworthiness.
To this second version of the objection to retributivist blame, retributivists may respond that although emotions associated with retributive blame have no doubt contributed to various excesses in penal policy, this is not to say that the notion of deserved censure can have no appropriate place in a suitably reformed penal system. After all, when properly focused and proportionate, reactive attitudes such as anger may play an important role by focusing our attention on wrongdoing and motivating us to stand up to it; anger-tinged blame may also serve to convey how seriously we take the wrongdoing, and thus to demonstrate respect for its victims as well as its perpetrators see Cogley 2014; Hoskins 2020. In particular, Hart 1968: 9—10 pointed out that we may ask about punishment, as about any social institution, what compelling rationale there is to maintain the institution that is, what values or aims it fosters and also what considerations should govern the institution. The compelling rationale will itself entail certain constraints: e. See most famously Hart 1968, and Scheid 1997 for a sophisticated Hartian theory; on Hart, see Lacey 1988: 46—56; Morison 1988; Primoratz 1999: ch. For example, whereas Hart endorsed a consequentialist rationale for punishment and nonconsequentialist side-constraints, one might instead endorse a retributivist rationale constrained by consequentialist considerations punishment should not tend to exacerbate crime, or undermine offender reform, etc. Alternatively, one might endorse an account on which both consequentialist and retributivist considerations features as rationales but for different branches of the law: on such an account, the legislature determines crimes and establishes sentencing ranges with the aim of crime reduction, but the judiciary makes sentencing decisions based on retributivist considerations of desert M.
Critics have charged that hybrid accounts are ad hoc or internally inconsistent see Kaufman 2008: 45—49. In addition, retributivists argue that hybrid views that integrate consequentialist rationales with retributivist side-constraints thereby relegate retributivism to a merely subsidiary role, when in fact giving offenders their just deserts is a or the central rationale for punishment see Wood 2002: 303. Also, because hybrid accounts incorporate consequentialist and retributivist elements, they may be subject to some of the same objections raised against pure versions of consequentialism or retributivism. For example, insofar as they endorse retributivist constraints on punishment, they face the thorny problem of explaining the retributivist notion of desert see s. Even if such side-constraints can be securely grounded, however, consequentialist theories of punishment face the broadly Kantian line of objection discussed earlier s. Some have contended that punishment with a consequentialist rationale does not treat those punished merely as means as long as it is constrained by the retributivist prohibitions on punishment of the innocent and disproportionate punishment of the guilty see Walker 1980: 80—85; Hoskins 2011a. Still, a critic may argue that if we are to treat another with the respect due to her as a rational and responsible agent, we must seek to modify her conduct only by offering her good and relevant reasons to modify it for herself.
Punishment aimed at deterrence, incapacitation, or offender reform, however, does not satisfy that demand. A reformative system treats those subjected to it not as rational, self-determining agents, but as objects to be re-formed by whatever efficient and humane techniques we can find. An incapacitative system does not leave those subjected to it free, as responsible agents should be left free, to determine their own future conduct, but seeks to preempt their future choices by incapacitating them. One strategy for dealing with them is to posit a two-step justification of punishment. The first step, which typically appeals to nonconsequentialist values, shows how the commission of a crime renders the offender eligible for, or liable to, the kinds of coercive treatment that punishment involves: such treatment, which is normally inconsistent with the respect due to us as rational agents or as citizens, and inconsistent with the Kantian means principle, is rendered permissible by the commission of the offence. The second step is then to offer positive consequentialist reasons for imposing punishment on those who are eligible for it or liable to it: we should punish if and because this can be expected to produce sufficient consequential benefits to outweigh its undoubted costs. Further nonconsequentialist constraints might also be placed on the severity and modes of punishment that can be permitted: constraints either flowing from an account of just what offenders render themselves liable to, or from other values external to the system of punishment.
We must ask, however, whether we should be so quick to exclude fellow citizens from the rights and status of citizenship, or whether we should not look for an account of punishment if it is to be justified at all on which punishment can still be claimed to treat those punished as full citizens. The common practice of denying imprisoned offenders the right to vote while they are in prison, and perhaps even after they leave prison, is symbolically significant in this context: those who would argue that punishment should be consistent with recognised citizenship should also oppose such practices; see Lippke 2001b; Journal of Applied Philosophy 2005; see also generally s. The consent view holds that when a person voluntarily commits a crime while knowing the consequences of doing so, she thereby consents to these consequences. This is not to say that she explicitly consents to being punished, but rather than by her voluntary action she tacitly consents to be subject to what she knows are the consequences. Notice that, like the forfeiture view, the consent view is agnostic regarding the positive aim of punishment: it purports to tell us only that punishing the person does not wrong her, as she has effectively waived her right against such treatment. The consent view faces formidable objections, however. First, it appears unable to ground prohibitions on excessively harsh sentences: if such sentences are implemented, then anyone who subsequently violates the corresponding laws will have apparently tacitly consented to the punishment Alexander 1986.
A second objection is that most offenders do not in fact consent, even tacitly, to their sentences, because they are unaware either that their acts are subject to punishment or of the severity of the punishment to which they may be liable. For someone to have consented to be subject to certain consequences of an act, she must know of these consequences see Boonin 2008: 161—64. A third objection is that, because tacit consent can be overridden by explicit denial of consent, it appears that explicitly nonconsenting offenders could not be justifiably punished on this view ibid. Others offer contractualist or contractarian justifications of punishment, grounded in an account not of what treatment offenders have in fact tacitly consented to, but rather of what rational agents or reasonable citizens would endorse. The punishment of those who commit crimes is then, it is argued, rendered permissible by the fact that the offender himself would, as a rational agent or reasonable citizen, have consented to a system of law that provided for such punishments see e. For versions of this kind of argument, see Alexander 1980; Quinn 1985; Farrell 1985, 1995; Montague 1995; Ellis 2003 and 2012. For criticism, see Boonin 2008: 192—207.
For a particularly intricate development of this line of thought, grounding the justification of punishment in the duties that we incur by committing wrongs, see Tadros 2011; for critical responses, see the special issue of Law and Philosophy, 2013. One might argue that the Hegelian objection to a system of deterrent punishment overstates the tension between the types of reasons, moral or prudential, that such a system may offer. Punishment may communicate both a prudential and a moral message to members of the community. Even before a crime is committed, the threat of punishment communicates societal condemnation of an offense. This moral message may help to dissuade potential offenders, but those who are unpersuaded by this moral message may still be prudentially deterred by the prospect of punishment. Similarly, those who actually do commit crimes may be dissuaded from reoffending by the moral censure conveyed by their punishment, or else by the prudential desire to avoid another round of hard treatment. Through its criminal statutes, a community declares certain acts to be wrong and makes a moral appeal to community members to comply, whereas trials and convictions can communicate a message of deserved censure to the offender.
Thus even if a system of deterrent punishment is itself regarded as communicating solely in prudential terms, it seems that the criminal law more generally can still communicate a moral message to those subject to it see Hoskins 2011a. A somewhat different attempt to accommodate prudential as well as moral reasons in an account of punishment begins with the retributivist notion that punishment is justified as a form of deserved censure, but then contends that we should communicate censure through penal hard treatment because this will give those who are insufficiently impressed by the moral appeal of censure prudential reason to refrain from crime; because, that is, the prospect of such punishment might deter those who are not susceptible to moral persuasion. See Lipkin 1988, Baker 1992. For a sophisticated revision of this idea, which makes deterrence firmly secondary to censure, see von Hirsch 1993, ch. For critical discussion, see Bottoms 1998; Duff 2001, ch. For another subtle version of this kind of account, see Matravers 2000. It might be objected that on this account the law, in speaking to those who are not persuaded by its moral appeal, is still abandoning the attempt at moral communication in favour of the language of threats, and thus ceasing to address its citizens as responsible moral agents: to which it might be replied, first, that the law is addressing us, appropriately, as fallible moral agents who know that we need the additional spur of prudential deterrence to persuade us to act as we should; and second, that we cannot clearly separate the merely deterrent from the morally communicative dimensions of punishment — that the dissuasive efficacy of legitimate punishment still depends crucially on the moral meaning that the hard treatment is understood to convey.
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