Crimes and Punishment: Blacks in the Army’s Criminal Justice System

Are Blacks discriminated against in U.S. Army courts-martial? This article reviews the literature and presents original research to address this question. Other topics examined include the overrepresentation of Blacks in the Army courts-martial and soldiers’ perceptions of the fairness of the justice system. I examined all aggravated assault charges heard in Army courts-martial during a 6-year period and found several striking differences. White defendants are far more likely to have a pretrial agreement (i.e., plea bargain) than are Blacks (69% vs. 51%), and hence, Whites are more likely to plead guilty (87%) than are Blacks (72%). These same patterns are found when all courts-martial, regardless of offense, are analyzed for the same 6-year period. Once a defendant enters the Army courts-martial system, there is no statistical evidence of discrimination. If discrimination occurs in this process, it will occur where commanders have greater discretion (e.g., for less serious offenses, prior to deciding on courts-martial). Suggestions for further research are offered.     

Love and Justice: a Paradox?

Three claims about love and justice cannot be simultaneously true and therefore entail a paradox: (1) Love is a matter of justice. (2) There cannot be a duty to love. (3) All matters of justice are matters of duty. The first claim is more controversial. To defend it, I show why the extent to which we enjoy the good of love is relevant to distributive justice. To defend (2) I explain the empirical, conceptual and axiological arguments in its favour. Although (3) is the most generally endorsed claim of the three, I conclude we should reject it in order to avoid the paradox.     

Justice: Metaphysical,After All?

Political liberals, following Rawls, believe that justice should be ‘political’ rather than ‘metaphysical.’ In other words, a conception of justice ought to be freestanding from first-order moral and metaethical views. The reason for this is to ensure that the state’s coercion be justified to citizens in terms that meet political liberalism’s principle of legitimacy. I suggest that privileging a political conception of justice involves costs—such as forgoing the opportunity for political theory to learn from other areas of philosophy. I argue that it is not clear that it provides any benefit in return. Whether a political conception of justice more adequately satisfies the liberal principle of legitimacy than a metaphysical conception of justice is an open question. To show this, I describe three ways in which political conceptions of justice have been developed within the literature. I then argue that while each might be helpful in finding reasons that reasonable citizens can accept, all face challenges in satisfying the liberal principle of legitimacy. Political conceptions of justice confront the same set of justificatory problems as ‘metaphysical’ conceptions. The question of whether a political conception is preferable should receive greater scrutiny.     

Religion,moral thought–action fusion,and obsessive–compulsive features in Israeli Muslims and Jews

Previous studies suggest that the link between obsessive–compulsive (OC) symptoms and moral thought–action fusion (TAF) depends on religion; however, no study has compared Muslim and Jewish samples. We examined the relationships between OC symptoms, scrupulosity, religiosity, and moral TAF in Israeli Muslims and Jews. Religiosity was not associated with elevations in OC symptoms, although religiosity correlated with scrupulosity across the entire sample after controlling for depression and anxiety. Moral TAF was related to scrupulosity across the entire sample. The Muslim group had higher levels of OC symptoms, scrupulosity, and depressive symptoms than did the Jewish group, but the groups were equally religious. In addition, Muslims scored higher than did Jews on moral TAF even after controlling for symptoms; however, moral TAF was not related to scrupulosity within the Muslim group. In combination, these results imply that moral TAF depends on cultural and religious factors and does not necessarily indicate pathology.     

Linking Justice, Performance, and Citizenship via Leader–Member Exchange

While organizational justice continues to garner attention by researchers, why perceptions of justice influence a variety of outcomes is still in need of explanation. In this paper, we examine one type of social exchange process that may provide a better link between perceptions of fairness and important organizational outcomes. Specifically, we examine how leader–member exchange (LMX) affects the relationship between employee perceptions of fairness and supervisor-rated performance and organizational citizenship behaviors (OCBs). Data from our study demonstrates that LMX fully mediates the relationship between interactional justice and performance and OCBs. In addition, the results demonstrate that LMX moderates the relationship between both distributive and procedural justice and OCBs.     

Embodied,Situated, and Co-Constructed: Young Sexual Minority Men’s Experiences of Intersectional Identity and Minority Stress

Intersectionality, minority stress, and social ecological theories have all been important frameworks for understanding mechanisms that create and maintain sexual and gender minority health disparities. In this study, we integrated these frameworks to guide a grounded theory examination of identity-related experiences in specific settings among 33 Black, White, and Latino young sexual minority cisgender men who lived in Chicago. Analyses identified four key categories: Racism Manifests in Context- and Sexual Minority-Specific Ways, Sexual Orientation Can Mean Feeling Safe and Seen or Threatened and Alone, Gender is a Matter of Self-Expression, and Bodies Are Not Always Made to Fit In. Participants reported both identity-based privilege and marginalization as well as unique forms of minority stress at the intersection of specific identities. Across these categories, participants’ experiences of their intersecting identities and associated forms of minority stress were embodied in their physical appearance, situated in specific neighborhoods and contexts, and co-constructed through their interpersonal interactions with others. Further, participants’ narratives provide powerful insights about the nuanced ways in which young sexual minority men understand and negotiate their lived experiences. Findings highlight how experiences of identity and minority stress are both intersectional and located within specific social ecological contexts, which has important implications for research, clinical practice, and advocacy.

     

Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate,Why Not Compassion?

Abstract

The article offers an Aristotelian analysis of emotion-based defences in criminal law: someone who commits an offence is entitled to an excuse if she was motivated by a justifiably aroused and strongly felt emotion that gave her good (albeit not good enough) reason to commit the offence and that might have destabilised the practical rationality even of a ‘reasonable’ person. This analysis captures the logical structure of duress and provocation as excuses—and also shows why provocation is controversial (and should perhaps be rejected) as even a partial defence. This pattern of analysis is then applied to compassion as a motivation for assisting another’s death, in the light of some recent developments in English criminal law’s treatment of assisting suicide: even if we accept that (in the law’s eyes) such assistance cannot be justified, we can see how compassion can ground an excuse, and make sense of the Director of Public Prosecution’s recently published Policy for dealing with cases of assisting suicide. Finally, the article briefly discusses the question of whether, if we accept that assisting suicide can sometimes be justified, compassion should play any essential role as an element in such justification.     

Mechanisms,Experiments, and Theory-Ladenness: A Realist–Perspectivalist View

The terms “perspectivism” and “perspectivalism” have been the focus of an intense philosophical discussion with important repercussions for the debate about the role of mechanisms in scientific explanations. However, leading exponents of the new mechanistic philosophy have conceded more than was necessary to the radically subjectivistic perspectivalism, and fell into the opposite error, by retaining not negligible residues of objectivistic views about mechanisms. In order to remove this vacillation between the subjective-cultural and the objective-natural sides of mechanisms, we shall raise the question about theory-ladenness over again and interpret it in its connection with the technical–experimental nature of scientific knowledge, as affirming the perspectival character of scientific knowledge: It is because of the character at once theory-laden and practice-laden, i.e. technique-laden, of our putting questions to nature that empirical reality must be investigated from particular perspectives: nature can be known scientifically only from a potentially infinite (not determinable a priori) number of perspectives or theoretical points of view, concretely exemplified by mechanisms or experimental ‘machines’ that allow specific access to specific aspects of sensible reality.     

Apologies,Repentance, and Forgiveness: A Muslim–Christian Comparison

Forgivingness (dispositional forgiveness) was assessed in three different samples: Lebanese Muslims (N = 119), Lebanese Christians (N = 121), and French Christians (N = 151). Two different forgivingness structures were evidenced, one that corresponded to the three-factor Western European model (Lasting Resentment, Sensitivity to Circumstances, and Unconditional Forgiveness), which fit the data from the Christian samples, and one that gave a special status to repentance and apologies, which fit the data from the Lebanese Muslim sample. In this alternative model, the meaning of the Sensitivity to Circumstances factor was reduced to circumstances that did not imply the offender's behavior or the victim's mood, and the meaning of the third factor was that the presence of apologizing behavior from the offender was a necessary condition for the resentment to weaken, for the mood to improve, and for a first step toward forgiveness to be taken. The Lebanese Muslims' unconditional forgiveness score was lower than the corresponding Lebanese Christians' and French Christians' scores. This difference was not attributable to possible differential acquiescence effects.     

Chaïm Perelman: Justice,argumentation and ancient rhetoric

Theoretical interest in Perelman's thought is linked, for the main part, to the place he accords to the notion of argumentation, defined in his work in reference to the Greek philosophy, as represented by Plato and Aristotle, in contrast to the assertions of the sophists and rhetors. He separates the notion of demonstration and that of argumentation and supports his position on an analysis of the debates which were common in the sophistic and rhetoric period.It is in different ways that the notion of argumentation comes into the work of Perelman. By taking up again the analysis of justice with the aim of removing the various strata of meaning which had accumulated on it as a result of the reductions of Plato and the dialectical analyses of Aristotle, Perelman showed that the theory of argumentation transcends the domain of right in which it is rooted and ought not be abandoned to lawyers only. Thus, he follows a train of thought to which he accords a certain nobilty in the name of the new rhetoric. This manner of considering the relationship of the moderns to the Greeks leads him to set up the notion of argumentation in his own texts, where it demonstrates a logical retreat which enables him to work back from Aristotle to Plato and from him to the rhetors and sophists, whose discourse is defined on the level of the self-referential.The exemplary character of Perelman's work is on account of this rehabilitation of argumentation in the old rhetoric which will be examined here.A slightly different version of this essay was presented at the Third Intenational Philosophy Symposium on Justice, Athens, 22–27 May 1987.