Criminal law for humans

Ristroph, Alice

doi:10.1017/cbo9781139137034.006

Cited by 8 publications

(2 citation statements)

References 10 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Unjust infliction of harm, of which punishment disproportionate to an offense is an example, exceeds the authority of a liberal state. 64 Conviction of a crime does not turn the wrongdoer into an outlaw beyond moral consideration or political and legal restraint. Rather, the offender still remains a citizen who should be treated justly.…”

Section: Punishment Of Vn: Retributional Considerationsmentioning

confidence: 99%

Punishment of Minor Female Genital Ritual Procedures: Is the Perfect the Enemy of the Good?

Jacobs

Arora²

2016

Developing World Bioethics

View full text Add to dashboard Cite

Female genital alteration (FGA) is any cutting, removal or destruction of any part of the external female genitalia. Various FGA practices are common throughout the world. While most frequent in Africa and Asia, transglobal migration has brought ritual FGA to Western nations. All forms of FGA are generally considered undesirable for medical and ethical reasons when performed on minors. One ritual FGA procedure is the vulvar nick (VN). This is a small laceration to the vulva that does not cause morphological changes. Besides being performed as a primary ritual procedure it has been proposed as a substitute for more extensive forms of FGA. Measures advocated or taken to reduce the burden of FGA can be punitive or non-punitive. Even if it is unethical to perform VN, we argue that it also is unethical to attempt to suppress it through punishment. First, punishment of VN is likely to cause more harm than good overall, even to those ostensibly being protected. Second, punishment is likely to exceed legitimate retributive ends. We do not argue in favor of performing VN. Rather, we argue that non-punitive strategies such as education and harm reduction should be employed.

show abstract

Section: Punishment Of Vn: Retributional Considerationsmentioning

confidence: 99%

Punishment of Minor Female Genital Ritual Procedures: Is the Perfect the Enemy of the Good?

Jacobs

Arora²

2016

Developing World Bioethics

View full text Add to dashboard Cite

show abstract

“…Over several centuries the law in Australia, the United Kingdom, Canada, New Zealand, and other countries has regarded people as flesh and blood creatures whose vulnerability requires a legal framework that fosters individual and collective welfare [20,21], and who are distinct from other animals. The advent of genomic technologies-unlocking what has variously been dubbed the "book of life" and the "blueprint of life"-has encouraged an awareness that we share many characteristics with other organisms and that racial differentiation is biologically rather than merely ethically indefensible [22].…”

Section: Open Accessmentioning

confidence: 99%

Privacy, Personhood, and Property in the Age of Genomics

Bonython

Arnold

2015

Laws

View full text Add to dashboard Cite

Revolutions in genetic technology have heralded the age of population-scale genomic metadata. This article analyzes the tensions and gaps between traditional conceptions of personhood and international legal responses to a person's right over disembodied data obtained from his/her body. The opportunities for breakthroughs in healthcare by interrogating population-scale genomic databases are accompanied by questions about privacy, property, dignity, and the nature of information regulation in a global economy. This article highlights instances where law and policy makers have grappled with these challenges, and foreshadows some emerging future challenges. It also highlights differences between jurisdictions, and calls for greater global participation in the development of a coherent framework, rather than continued reliance on a small number of stakeholders, to develop that framework.

show abstract

Detecting the Determining and Distinguishing Factors

Soler

2019

The Global Prosecution of Core Crimes Under International Law

View full text Add to dashboard Cite

Criminal law for humans

Cited by 8 publications

References 10 publications

Punishment of Minor Female Genital Ritual Procedures: Is the Perfect the Enemy of the Good?

Punishment of Minor Female Genital Ritual Procedures: Is the Perfect the Enemy of the Good?

Privacy, Personhood, and Property in the Age of Genomics

Detecting the Determining and Distinguishing Factors

Contact Info

Product

Resources

About