This book provides a fresh look at the way the United States is choosing to deal with some of the serious or persistent youth offenders: by transferring juvenile offenders to adult courts. For more than 20 years now, the attitude in some jurisdictions has been "if you're old enough to do the crime, you're old enough to do the time." After two decades of applying this increasingly punitive mindset to juvenile offenders, it is possible to see the actual consequences of transferring more and younger offenders to adult courts. In Do the Crime, Do the Time: Juvenile Criminals and Adult Justice in the American Court System, the authors apply their decades of experience, both in the practical world and from unique research perspectives, to shed light on the influence of public opinion and the political forces that shape juvenile justice policy in the United States. The book provides a fresh look at the way the United States is choosing to deal with some of the serious or persistent juvenile offenders, utilizing real-life examples and cases to draw connections between transfer policies and individual outcomes.

The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching. Here I would like to highlight a few of the moments which have shaped Carl as a person and a philosopher. Although his childhood was not unhappy, Carl faced considerable challenges growing up in Manchester, New Hampshire. He ne ver knew his father; he and his mother, Carolyn, had little money; and he fought a long battle with Stevens-Johnson Syndrome, an illness which made hirn more familiar with hospitals than any young person should be. (His mother once told me that there were times when the doctors put Carl in his own hospital room because, while he was too young to be housed with adult men, they did not want the other children to see hirn die. ) Following a year of physician-prescribed rest after high school, the doctors recommended the University of Arizona in the misguided hope that the desert climate might improve his health. In spite of the doctors' hopes, life in Tucson was not easy. The heat takes its toll on everyone, but the desert was especially oppressive for Carl since his unusually sensitive eyes were no match for the intense sun. Still, Carl enjoyed college.

This is the first book to provide an in-depth study of the juvenile transfer process. Criminal justice's get tough policy has led to greater use of this process which, on the surface, transfers persistent juvenile offenders to criminal court jurisdiction in order to impose more serious penalties. The implications of this growing phenomenon are increasingly important for both the juvenile and criminal court systems. Champion and Mays' analysis includes descriptions of juvenile courts, types of offenders processed by these courts, and characteristic outcomes of transfers. Examining the transfer process in detail, they explore social and legal definitions of delinquency; goals and functions of transfers; legal rights of juveniles; and the implications of possible penalties, such as the death penalty. Questions such as whether transfers necessarily result in harsher punishment are discussed at length. Transferring Juveniles to Criminal Courts is designed for students majoring in criminal justice, public administration, political science, sociology, and psychology.

Examining the transfer process, Chapter One provides a thorough discussion of the social and legal definitions of delinquency. Chapter Two is an overview of juvenile options, juvenile punishments, public policy, and the theme of deterring juvenile offenders. A description of transfers in different jurisdictions, including their goals and functions, is provided in Chapter Three. Chapter Four then explores the various implications of these transfers. Public policy is examined as it relates to the prevalent get tough policy. Chapter Five describes the criminal court and some of the varied functions served by these courts. Finally, Chapter Six summarizes several important trends relating to juvenile transfers. It includes male/female juvenile comparisons, the issue of selective certification, implications of prison overcrowding, and the emergence of a unified court system. An up-to-date bibliography is provided for further research.

This best-selling text continues to fill an existing gap in the literature taught in applied ethics courses. As a growing number of courses that include the perspectives of diverse cultures are being added to the university curriculum, texts are needed that represent more multicultural and diverse histories and backgrounds. This new edition enhances gender coverage, as nearly half of the pieces are now authored by women. The new edition also increases the percentage of pieces written by those who come from a non-Western background. It offers twelve up-to-date articles (not found in previous editions) on human rights, environmental ethics, poverty, war and violence, gender, race, euthanasia, and abortion; all of these topics are addressed from Western and non-Western perspectives.

Universal Human Rights brings new clarity to the important and highly contested concept universal human rights. The Charter of the United Nations commits nearly all nations of the world to promote, to realize and take action to achieve human rights and fundamental freedoms for all, yet this formal consensus masks an underlying confusion about the philosophical basis and practical implications of rights in a world made up of radically different national communities. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. Rights protect the benefits of cultural diversity, while recognizing the universal dignity that every human life deserves. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an otherwise divided world.

When the children of Christian Scientists die from a treatable illness, are their parents guilty of murder for withholding that treatment? How should the rights of children, the authority of the medical community, and religious freedom be balanced? Is it possible for those adhering to a medical model of health and disease and for those adhering to the Christian Science model to enter into a meaningful dialogue, or are the two models incommensurable? DesAutels, Battin, and May engage in a lucid and candid debate of the issues of who is ultimately responsible for deciding these questions and how to accommodate (and, in some cases, constrain) Christian Science views and practices within a pluralistic society.

This anthology presents recent philosophical analyses of moral, political, and legal responsibility of groups and their members. Motivated by reflection on such events as the Holocaust, the exploding Ford Pintos, the May Lai massacre, and apartheid in South Africa, the essays consider two questions - what collective efforts could have prevented these large-scale social harms? and is some group to blame and, if so, how is blame to be apportioned? The essays in the first half consider the concept of collective responsibility in light of the debate between individualists and collectivists. In the second half these theoretical discussions are applied to cases involving harms in professional and business contexts, health care, wartime, and racial relations. Collective Responsibility represents a comprehensive collection on the subject, bringing together a wide diversity of philosophical perspectives. Its theoretical and applied essays should make this collection of interest to both scholars and students interested in ethics and political philosophy.

Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices.* Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality* Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization* Features concrete examples in the form of cases significant to the evolution of law* Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada* Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

The Integrated Urban Water Management (IUWM) is an emerging approach to managing the entire urban water cycle in an integrated way, which is key to achieving the sustainability of urban water resources and services. The IUWM incorporates: the systematic consideration of the various dimensions of water, including surface and groundwater resources, quality and quantity issues; the implication that while water is a system it is also a component which interacts with other systems; and the interrelationships between water and social and economic development. Integrated Urban Water Management: Arid and Semi-Arid Regions - the outcome of UNESCO's International Hydrological Programme project on the topic - examines the integrated management of water resources in urban settings, focusing on issues specific to arid and semi-arid regions and on what make them different from other regions. The urban water management system is considered herein as two integrated major entities; water supply management and water excess management. The first six chapters provide an overview of the various aspects of IUWM in arid and semi-arid regions, with emphasis on water supply technologies, such as artificial recharge, water transfers, desalination, and harvesting of rainfall. Water excess management is examined in the context of both the stormwater management system and the floodplain management system. Case studies from developed and developing countries are presented in order to emphasize the various needs and challenges of water management in urban environments in arid and semi-arid regions around the world.

Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching. Here I would like to highlight a few of the moments which have shaped Carl as a person and a philosopher. Although his childhood was not unhappy, Carl faced considerable challenges growing up in Manchester, New Hampshire. He ne ver knew his father; he and his mother, Carolyn, had little money; and he fought a long battle with Stevens-Johnson Syndrome, an illness which made hirn more familiar with hospitals than any young person should be. (His mother once told me that there were times when the doctors put Carl in his own hospital room because, while he was too young to be housed with adult men, they did not want the other children to see hirn die. ) Following a year of physician-prescribed rest after high school, the doctors recommended the University of Arizona in the misguided hope that the desert climate might improve his health. In spite of the doctors' hopes, life in Tucson was not easy. The heat takes its toll on everyone, but the desert was especially oppressive for Carl since his unusually sensitive eyes were no match for the intense sun. Still, Carl enjoyed college.

This best-selling text continues to fill an existing gap in the literature taught in applied ethics courses. As a growing number of courses that include the perspectives of diverse cultures are being added to the university curriculum, texts are needed that represent more multicultural and diverse histories and backgrounds. This new edition enhances gender coverage, as nearly half of the pieces are now authored by women. The new edition also increases the percentage of pieces written by those who come from a non-Western background. It offers twelve up-to-date articles (not found in previous editions) on human rights, environmental ethics, poverty, war and violence, gender, race, euthanasia, and abortion; all of these topics are addressed from Western and non-Western perspectives.

Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices.* Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality* Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization* Features concrete examples in the form of cases significant to the evolution of law* Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada* Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

Thomas Hobbes wrote extensively about law and was strongly influenced by developments and debates among lawyers of his day. And Hobbes is considered by many commentators to be one of the first legal positivists. Yet there is no book in English that focuses on Hobbes's legal philosophy. Indeed, Hobbes's own book length treatment of law, A Dialogue Between a Philosopher and a Student of the Common Laws of England, has also not received much commentary over the centuries. Larry May seeks to fill the gap in the literature by addressing Hobbes's legal philosophy directly, and comparing Leviathan to the Dialogue, as he offers a new interpretation of Hobbes's views about the connections among law, politics, and morality. May argues that Hobbes is much more amenable to moral, and even legal, limits on the law-indeed closer to Lon Fuller than to today's legal positivists-than he is often portrayed. He shows that Hobbes's views can provide a solid grounding for the rules of war and international relations generally, contrary to the near universal belief that Hobbes is the bete noir of international law. To support these views, May holds that Hobbes places greater weight on equity than on justice, and that understanding the role of equity is the key to his legal philosophy. Equity also is the moral concept that provides restrictions on what a sovereign can legitimately do, and if violated is the kind of limitation on sovereignty that could open the door for possible international institutions.

Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.

Larry May argues that socially responsive individuals need not be self-sacrificing or overly conscientious. According to May, a person's integrity and moral responsibility are shaped and limited not just by conscience but also by socialization and moral support from the communities to which he or she belongs.
Applying his theory of responsibility to professional ethics, May contends that current methods of professional socialization should be changed so that professionals are not expected to ignore considerations of personal well-being, family, or community. For instance, lawyers should not place client loyalty above concerns for the common good; doctors should not place the physical well-being of patients above their mental and spiritual well-being; scientists and engineers should not feel obliged to blow the whistle on fraud and corruption unless their professional groups protect them from retaliation.
This book should prove provocative reading for philosophers, political scientists, social theorists, professionals of many stripes, and ethicists.

Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

What makes a war just? What makes a specific weapon, strategy, or decision in war just? The tradition of Just War Theory has provided answers to these questions since at least 400 AD, yet each shift in the weapons and strategies of war poses significant challenges to Just War Theory. This book assembles renowned scholars from around the world to reflect on the most pressing problems and questions in Just War Theory, and engages with all three stages of war: jus ad bellum, jus in bello, and jus post bellum. Providing detailed historical context as well as addressing modern controversies and topics including drones, Islamic jihad, and humanitarian intervention, the volume will be highly important for students and scholars of the philosophy of war as well as for others interested in contemporary global military and ethical issues.

The chief means to limit and calculate the costs of war are the philosophical and legal concepts of proportionality and necessity. Both categories are meant to restrain the most horrific potential of war. The volume explores the moral and legal issues in the modern law of war in three major categories. In so doing, the contributions will look for new and innovative approaches to understanding the process of weighing lives implicit in all theories of jus in bello: who counts in war, understanding proportionality, and weighing lives in asymmetric conflicts. These questions arise on multiple levels and require interdisciplinary consideration of both philosophical and legal themes.

Thomas Hobbes wrote extensively about law and was strongly influenced by developments and debates among lawyers of his day. And Hobbes is considered by many commentators to be one of the first legal positivists. Yet there is no book in English that focuses on Hobbes's legal philosophy. Indeed, Hobbes's own book length treatment of law, A Dialogue Between a Philosopher and a Student of the Common Laws of England, has also not received much commentary over the centuries. Larry May seeks to fill the gap in the literature by addressing Hobbes's legal philosophy directly, and comparing Leviathan to the Dialogue, as he offers a new interpretation of Hobbes's views about the connections among law, politics, and morality. May argues that Hobbes is much more amenable to moral, and even legal, limits on the law-indeed closer to Lon Fuller than to today's legal positivists-than he is often portrayed. He shows that Hobbes's views can provide a solid grounding for the rules of war and international relations generally, contrary to the near universal belief that Hobbes is the bete noir of international law. To support these views, May holds that Hobbes places greater weight on equity than on justice, and that understanding the role of equity is the key to his legal philosophy. Equity also is the moral concept that provides restrictions on what a sovereign can legitimately do, and if violated is the kind of limitation on sovereignty that could open the door for possible international institutions.

This is a study of what constituted legality and the role of law in ancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies. Starting with Hammurabi's Code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the Roman Emperor Justinian. Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world.

Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

The chief means to limit and calculate the costs of war are the philosophical and legal concepts of proportionality and necessity. Both categories are meant to restrain the most horrific potential of war. The volume explores the moral and legal issues in the modern law of war in three major categories. In so doing, the contributions will look for new and innovative approaches to understanding the process of weighing lives implicit in all theories of jus in bello: who counts in war, understanding proportionality, and weighing lives in asymmetric conflicts. These questions arise on multiple levels and require interdisciplinary consideration of both philosophical and legal themes.