The papers in this volume reflect much of the current unease of a world that perceives itself once more at the edge of chaos. The authors present different vistas of that experience and their inherent dialectic, expressed in numerous and ceaseless conflicts between ordering and disordering processes. They can be read as comments on the ongoing processes that lead toward greater complexity.

In the year since He Jiankui announced the birth of twin girls whose genes were edited as embryos, reactions and revelations have continued, including the recent announcement that He and two colleagues have been sentenced to jail time and hefty fines. But what of Nana and Lulu, now infants, whose lives and futures are often missing in discussions of He's ethical violations? Their status remains a mystery. Other than learning that they were born prematurely by emergency C-section, we (...) know nothing about their well-being. We know even less about a third gene-edited child said to have been born last summer.Meanwhile, the controversy over He's reckless actions—and the debate about reproductive... (shrink)

While politicians seek to increase punitive measures against so-called "illegal aliens," it is worth asking whether unauthorized immigrants are obligated by immigration laws that would demand their punishment, whether it is deportation or jail time. I seek to examine this question in light of the traditional defenses of legal obligations: consent, prudential interest, and fairness. Due to the various ways in which the benefits of society are largely excluded from them and the severe penalties that the state seeks (...) to impose on them, these obligations cannot be justified. Unauthorized immigrants do not consent to follow these immigration laws under any of the usual meanings of "consent." We cannot provide a Hobbesian argument since the state refuses to offer its protection in exchange for the acceptance of benefits. Finally, the principle of fairness could not require these immigrants to be obligated since their contributions to society outweigh the benefits they receive. (shrink)

From modest beginnings, the conglomerate Odebrecht became one of the most relevant actors of development for Brazil and Latin America. By 2010, the conglomerate was elected the best family business in the world. Annual revenues rose from US$ 24 billion in 2008 to US$ 41.8 billion in 2014. However, by 2015 Odebrecht was in a very different situation, embroiled in a multi-billion-dollar corruption scandal. To illegally secure more than 100 projects, Odebrecht had paid approximately US$ 788 million in bribes across (...) 12 countries. Corruption was not new in Latin America, but so many powerful people facing jail time in the region certainly was. In 2016, Odebrecht agreed to pay a record breaking fine of US$ 2.6 billion for violating the Foreign Corrupt Practice Act. This case describes Odebrecht’s corruption scandal, touching on possible causes, the company’s handling of the criminal allegations, and probable defenses to protect against future setbacks. (shrink)

In the final minutes of the Season 3 finale of Sons of Anarchy, it appears that Jax Teller has betrayed the MC and lived up to his nickname: “The Rat Prince.” But it is actually a set‐up to reduce the jail time for SAMCRO members. The life of freedom and camaraderie that J.T. sought when forming the MC became increasingly impossible due to the means he needed to employ to secure the club's success. The social order he founded (...) turned out to be incompatible with the very values he intended for it to foster. Jax's inward struggles offer an accurate depiction of the nuances at the heart of Machiavellian politics. He values the club beyond self‐interest, and his “public‐spiritedness” ultimately redeems his actions. Even as he engages in deceit and violence, Jax expresses sentiments closely aligned with his father's concern for the well‐being of the club and lives its members. (shrink)

The current linkages between ethical theory and management behavior are investigated in the wake of the much-publicized convictions of Enron executives. The vignettes used in this investigation represent ethical dilemmas in the areas of coercion and control, conflict of interest, physical environment, and personal integrity. Since 2003, and after the successful prosecution of Enron executives, the link between ethical philosophy and management behavior has shifted somewhat dramatically. There has been a significant change in the rational basis for managerial decision making. (...) In 2003, even after the Enron scandal was publicized, practitioners still relied heavily on both act and rule utilitarian ethical philosophies when making business decisions. Currently, the majority of respondents are likely to select ethically appropriate actions based on either rule utilitarian or rights rationales. It appears that ethical behavior is now more in line with ethical rhetoric, which may positively impact the ethical climate of business decision making. Apparently, business scandals of the past did not really impact actual ethical behavior much, but the high-profile prosecutions, convictions, and jail sentences may have impressed on managers that now is the time to incorporate ethics into business decisions. (shrink)

A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and recognize natural (...) punishment as genuine punishment for legal, specifically constitutional, purposes. Were U.S. courts to do so, they would need to reduce the amount of punishment they would otherwise bestow on wrongdoers upon conviction if a natural punishment has occurred or foreseeably will occur. A handful of foreign jurisdictions already accept something like this Article’s proposal, but natural punishment has no formal legal recognition in the United States. The goal of this Article is twofold: first, it offers a rigorous and defensible definition of natural punishment by distinguishing it from nearby notions and dispelling any association with supernatural ideas; second, it demonstrates that recognizing natural punishment as genuine punishment will not much disturb existing American legal institutions and understandings. -/- As an added bonus, the concept of natural punishment can be employed to solve a longstanding problem in criminal law theory, the Mystery of Credit for Time Served. The Mystery surrounds the common practice of giving prisoners credit toward their prison sentences for their time served in jail awaiting trial. The Mystery poses a dilemma about whether the detention time was punishment: If it was punishment, then the detainee was punished before trial in violation of Due Process; however, if the time was not punishment, there is no reason to discount the prison sentence. Seeing the time in detention as an instance of natural punishment resolves the Mystery. (shrink)

This essay develops an account of Martin Luther King Jr.’s justification for and use of what I will call “democratic propaganda”—truthful propaganda that is aimed at promoting and fostering democratic political action by stirring readers’ emotions. I interpret King’s famous “Letter from Birmingham Jail” in the broader context of his work and argue that it is a piece of democratic propaganda. I give an account of what led King to support the use of democratic propaganda and why he hoped (...) it would help to overcome a central problem in the civil rights movement: the political inaction of the white moderates. King emphasizes shame in the Letter, and I argue that this concept offers us a new way of thinking about the efficacy of democratic propaganda. I close by considering the relevance of King’s approach for today’s Black Lives Matter movement. Despite the innovativeness of King’s use of shame, I suggest it may be time for a new approach to Black politics and activism. (shrink)

Nearly one in every 100 adults in the United States is in jail or prison today. In a period dominated by calls to roll back the government in all areas of social and economic policy, we have witnessed its massive expansion in the realm of penal policy since the 1970s. The U.S. incarceration rate is now more than 737 per 100,000 people, or five to 12 times the rate of Western European countries and Japan . The reach of the (...) U.S. carceral state extends far beyond the 2.2 million men and women currently in prison or jail in the United States. On any given day, over 7 million people__or 1 in every 32 adults__are incarcerated or on probation or parole . This rate of state supervision is unparalleled in U.S. history.These overall figures on incarceration belie the enormous and disproportionate impact that this bold and unprecedented social experiment has had on certain groups in U.S. society. If current trends continue, one in three black men and one in six Hispanic men are expected to spend some time in jail or prison during their lives . The number of incarcerated African_American men has grown so rapidly over the past quarter_century that today more black men are behind bars than enrolled in colleges and universities .[1]Some contend that growing public dismay over the crushing economic burden of incarcerating and monitoring so many people heralds the beginning of the end of the prison boom . As evidence, they point to recent penal developments in the states. Severe budget deficits prompted by the 2001 recession forced some states to close prisons and lay off guards. Dozens of states experimented with new sentencing formulas, mostly directed at nonviolent offenders.[2] Fiscally conservative Republicans previously known for being penal hard_liners championed some of these recent relaxations in penal policy. This fueled speculation that law_and_order Republicans, troubled by mounting costs, are well poised to roll back the carceral state, much as red_baiter Richard Nixon was ideally situated to breach the great political wall with China.We should be cautious, however, about assuming that fiscal pressures and the recent softening of public opinion sparked by the plummeting crime rate over the past decade will automatically forge a durable consensus that will dismantle the carceral state.[3] It was mistakenly assumed three decades ago that shared disillusionment on the right and the left with the rehabilitative ideal would shrink the prison population. Instead, it exploded. Criminal justice policies often confound conventional distinctions between left and right, particularly on issues related to crime victims. The relationship between political leaders, social movements, interest groups, and governing institutions is highly contingent and volatile in the case of penal policy because the left_right divide is more blurred and because of certain institutional features of the U.S. criminal justice system and welfare state.[4]While economic arguments against the carceral state are important and compelling, they have their limitations. If properly pitched, they can help forge a consensus to reverse the prison boom. But they can also be used to propel mean_spirited budget cuts that do not significantly reduce the size of the prison population__or save much money__ but do render life in prison and life after prison leaner and meaner. Criminal justice reform to reverse the prison boom is a highly fragile project that cannot be underwritten primarily by fiscal concerns. Without some broader vision and movement for change, the U.S. carceral state, trimmed down a little by a few modest sentencing and drug law reforms, will be here to stay. Such a movement is beginning to coalesce in the United States. Opponents have begun to portray the carceral state not only as a financial liability but also as a moral liability and a pressing civil and human rights issue that perverts cherished democratic institutions, like the right to vote. They have also begun to focus public attention on how the prison boom has exacerbated economic and social inequalities and is a growing menace to public health. (shrink)

In a city high school recently a male student completed a one day suspension for fighting with a female student. It was the only day of school he missed and the only time he got into trouble. When he returned to sit in his usual place, which was next to the female student, the teacher soon noticed and suggested the male student move to another seat. The student said this was his usual seat, he was comfortable there, and wanted (...) to know why he had to move. The teacher insisted, the student resisted, until the teacher called in the principal and security guard. After trying to persuade the student, they said, “We'll have to arrest you”; and he replied, “So?” The student was arrested. The teacher did not attempt to discuss the suggestions with the student nor ask other faculty for assistance. By being arrested and too poor to post bond, the student had to spend two nights in the city jail. Unsurprisingly, this notorious building induced greater fear in the student, whose cellmate was a convicted murderer, than any nagging public school teacher could; still, the student forced himself to stay awake for two consecutive nights. Sending a student to jail for not switching seats strikes one as insane. Even though this incident may not be typical, one should be cautioned about drawing the conclusion that it was only a freak occurrence. The insanity followed a rational routine: Teacher makes request to student; student says no, hence disobeys; teacher gives warning, calls in authorities; authorities give warning, arrest student; student goes to jail. Indeed, the final action follows a sequence in which no outlandish violation of the rules appeared. A combination of regulations, circumstances, and individuals invested with power make this insanity readily possible. And yet, as one observer put it, it could have been avoided, “All they had to do was treat him as a human being.”1. (shrink)

In a city high school recently a male student completed a one day suspension for fighting with a female student. It was the only day of school he missed and the only time he got into trouble. When he returned to sit in his usual place, which was next to the female student, the teacher soon noticed and suggested the male student move to another seat. The student said this was his usual seat, he was comfortable there, and wanted (...) to know why he had to move. The teacher insisted, the student resisted, until the teacher called in the principal and security guard. After trying to persuade the student, they said, “We'll have to arrest you”; and he replied, “So?” The student was arrested. The teacher did not attempt to discuss the suggestions with the student nor ask other faculty for assistance. By being arrested and too poor to post bond, the student had to spend two nights in the city jail. Unsurprisingly, this notorious building induced greater fear in the student, whose cellmate was a convicted murderer, than any nagging public school teacher could; still, the student forced himself to stay awake for two consecutive nights. Sending a student to jail for not switching seats strikes one as insane. Even though this incident may not be typical, one should be cautioned about drawing the conclusion that it was only a freak occurrence. The insanity followed a rational routine: Teacher makes request to student; student says no, hence disobeys; teacher gives warning, calls in authorities; authorities give warning, arrest student; student goes to jail. Indeed, the final action follows a sequence in which no outlandish violation of the rules appeared. A combination of regulations, circumstances, and individuals invested with power make this insanity readily possible. And yet, as one observer put it, it could have been avoided, “All they had to do was treat him as a human being.”1. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:736 Feminist Studies 44, no. 3. © 2018 by Feminist Studies, Inc. Carol Giardina MOW to NOW: Black Feminism Resets the Chronology of the Founding of Modern Feminism The first meeting of feminist protest in the 1960s was called to order by Dorothy Height, the president of the 800,000-member National Council of Negro Women (NCNW), in Washington, DC, on August 29, 1963. It was the day after the historic (...) March on Washington for Jobs and Freedom (MOW).1 “We could hardly believe that after all we were doing in the Civil Rights Movement,” Height recalls, “the women came to feel that they were getting a kind of runaround” as they sought and were denied fair representation in the march because of their sex.2 “I was determined,” she said in her 2003 memoir, “to bring wise women together to learn and gather strength from the experience.”3 As “women talked freely of their concern about women’s participation,” Height observed, “we began to realize that if we did not... demand our rights, we were not going to get them. The women became much more aware and much more aggressive in facing up to sexism in our dealings with 1. Dorothy Height, Open Wide the Freedom Gates: A Memoir (New York: Public Affairs, 2003), 146. 2. Dorothy Height, “We Wanted the Voice of a Woman to Be Heard,” in Sisters in the Struggle: African American Women in the Civil Rights-Black Power Movement, ed. Bettye Collier-Thomas and V. P. Franklin (New York: New York University Press, 2001), 88. 3. Height, Open Wide, 146. Carol Giardina 737 the male leadership in the movement.”4 “That moment,” Height recalled, “was vital to awakening the women’s movement.”5 Black women’s fight for representation in the MOW appears narrowly framed in scholarly literature as a specific and isolated reaction to the sexism of male MOW planners. I argue, however, that the campaign of feminist protest meetings surrounding the MOW—and the political lessons that emerged—was a starting point in the chronology of the rebirth years of feminist upheaval in the 1960s. Why? Because the lessons of that campaign provided the crucial conceptual model of an “NAACP for women” that would be consciously and purposely adopted by the newly forming National Organization for Women (NOW). Together with Height, Anna Arnold Hedgeman, the only woman on the MOW planning committee, and longtime co-conspirator Pauli Murray, who spearheaded the MOW protests, were critical actors in NOW’s formation and brought the model to NOW’s more well-known white organizers. This model, and the Black women who developed it, opened the trajectory that led to NOW’s establishment in 1966, the first feminist organization of the decade. Black scholar activist Bernice Johnson Reagon called the Civil Rights Movement the “borning” struggle of its time.6 By the early 1960s, the impact of this phase of civil rights mobilization was felt nationwide from lunch counters in small towns to Congress and the Supreme Court. Since at least the 1955–1956 Montgomery Bus Boycott, many thousands of African American women had been protesting, organizing, staging sit-ins and jail-ins, writing treatises, and giving speeches for Black civil rights. Although some white women did participate in the Civil Rights Movement, there were far fewer of them than African American women. Because of African American women’s collective confrontation with white supremacy, more of them were positioned to grasp the systemic nature of male supremacy and the need to fight it collectively. They understood sexism sooner than most white women because they 4. Height, “We Wanted the Voice,” 88–89. 5. Height, Open Wide, 145. 6. Mary King, Casey Hayden, Jean Wheeler Smith, Joyce Ladner, Prathia Hall, Kathie Sarachild, Michael Thelwell, and Bernice Johnson Reagon, “SNCC Women and the Stirrings of Feminism,” in A Circle of Trust: Remembering SNCC, ed. Cheryl Lynn Greenberg (New Brunswick, NJ: Rutgers University Press, 1998), 150. 738 Carol Giardina had already learned the operations of power and exploitation. They were best prepared to challenge female oppression, as were the white women who participated in the Civil Rights Movement. After all, if the established order could be pushed back when it... (shrink)

There is something embarrassing about money. Everybody is seeking it but at the same time they are reluctant to talk about their bank balances and stock holdings. As a society we have so much of it that we can install 7000 saffron curtains all over Central Park, send tourists into outer space, and analyze the gas on the surface of Titan, yet we fail to spend it on millions of poverty-stricken people who die of disease or starvation each year. (...) We do open our pocketbooks sometimes, but only when television images of massive destruction overwhelm our sensibilities. Money often dominates our consciousness and bombards us in the headlines: Our national debt is 7.7 trillion dollars and it's increasing by more than 2 billion dollars a day; corporate executives of Enron walk away with millions while their employees lose their jobs and their pensions; and we had an endless fascination with Martha Stewart, who is worth millions, but went to jail trying to save a few thousand. (shrink)

The millionaire’s idle, talentless and self-centered daughter inherits a large sum of money that she does not really deserve. The victim of kidnapping rots in a cell in 1980s Beirut in a captivity that springs not from any wrong he has done but from his ill-fortune in being in the wrong place at the wrong time. The hard-working, brilliant and self-denying Nobel Prize-winning scientist receives a large cheque for his extraordinarily productive labours. The murderer spends decades in jail (...) for the terrible crimes he has freely committed. The first two cases are cases where justice seems ill-served, where someone’s good or ill-fortune reflects not what they deserve but mere luck. The second two are cases where justice seems to be honoured: what befalls Scientist and Murderer reflects not their good or bad luck but their merits and deserts. (shrink)

Accused to be leading a plot against the Spanish government in Calabria in 1599, supposedly supported by a Turkish fleet, Campanella was almost labeled as a renegade. On the contrary, while in jail, he deepened his prophetic interpretation of the history, and of the future of the world, offered theological and political confutation of Islam, and began shaping a wider idea of the role of this religion in the ‘apocalyptic’ times. Not focusing on the Turkish menace only, he tries (...) to integrate some of the Muslim kingdoms in his appeal to the universal recognition of the Christian revelation as ‘natural reason’. In his main work about this topic, Quod reminiscentur, completed in 1618, but published only in the 20th Century, Campanella presents different strategies of conversion of Islamic peoples, depending on the various historical features of Islam, and adapted to the diverse societies involved. Giovanni Botero’s Relationi universali was a very important source of Campanella’s historical and geographic information about Islam, but the philosopher developed an original prophetic and political vision of Church, conversion and apocalypse, alternative to that dominating in the Counter Reformation. (shrink)