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Legal Overview
Published in Bernat-N. Tiffon, Atlas of Forensic and Criminal Psychology, 2022
In the same way, although for the opposite reason, a psychological expert opinion may be required to establish certain aggravating circumstances. Tiffon refers to “wounds that talk” and uses practical examples to illustrate some of the scenarios set out in Article 22 of the Spanish Criminal Code, such as the complete defenselessness of the victim in a crime (alevosía) (22.1) and the deliberate use of cruelty to cause unnecessary suffering (ensañamiento) (22.5), as well as discriminating circumstances (22.4) on the grounds of ideology or sexual orientation.
Day 2
Published in Bertha Alvarez Manninen, Dialogues on the Ethics of Abortion, 2022
Well, some people think that non-human animals have rights, even though they aren’t persons (as in, they don’t have the same moral status as you and I do). There are animal cruelty laws, for example, so animals enjoy some legal protection.
Sociology of Addiction
Published in Hanna Pickard, Serge H. Ahmed, The Routledge Handbook of Philosophy and Science of Addiction, 2019
This sets the scene for using purported risks to perpetuate existing power structures, although addicts are not necessarily disadvantaged on purpose. Bourgois and Schonberg (2009) theorize that many of the problems of homeless heroin and crack users are due to their being institutionally victimized at the absolute margins of American society. Their ethnography documents that the righteous dopefiend lifestyle is about coping, and has an understandable and sensible social order, which is part of the American way, and that dopefiends often have life histories including very serious abuse and trauma. This research documents inadvertent cruelty towards the research participants by supposedly caring agencies (Bourgois and Schonberg 2009) that would constitute scandal were they another vulnerable group, such as the elderly. The cruelty is rationalized as being required because of the difficulty of drug injectors as clients and the need to enforce rules. The USA has been particularly brutal towards drug injectors, but milder difficulties occur in countries such as the UK with far more liberal practices (Hammersley and Dalgarno 2012; McKeganey 2010).
Women’s experiences of marital rape and sexual violence within marriage in India: evidence from service records
Published in Sexual and Reproductive Health Matters, 2022
Padma-Bhate Deosthali, Sangeeta Rege, Sanjida Arora
The findings of this paper highlight that Exception 2 to Section 375 of the IPC, 1860, that “sexual intercourse or sexual acts by a man with his wife, the wife not being under eighteen years of age is not rape”, is problematic. The exception contradicts the Constitution of India and various international covenants and the Protection of Women from Domestic Violence Act (PWDVA) 200539 itself. Section 3(a) of the PWDVA defines sexual abuse as “any conduct of sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman”, and squarely places spousal sexual violence as a type of domestic violence. Despite the clear legal recognition of sexual violence within marriage by PWDVA, the exception to Section 375 condones rape within marriage. But the PWDVA is civil law. The civil remedy available in such cases is a Protection Order to stop violence and offer compensation and other reliefs to the aggrieved wife. The only criminal law that a woman can use is Section 498A IPC which recognises cruelty within marriage. Cruelty is defined as any conduct that may cause serious injury or harm or drive a woman to commit suicide as a consequence of ongoing abuse. Such a definition raises the bar of evidence very high as women often have no evidence of acts of violence perpetrated against them.40 The Supreme Court has rejected cases of marital rape where women reported sexual violence by the husband that included insertion of torches into the vagina, leading to hospitalisation following severe haemorrhage.41
Hare’s Archangel, Human Fallibility, and Utilitarian Justification(?) of Deception
Published in The American Journal of Bioethics, 2021
Thomas May, William Paul Kabasenche
This leads to related, more fundamental (and perhaps irresolvable) character-based concerns about weaknesses of human nature. Character plays a key role for Hare in his response to critics who point to the potential for utilitarianism to justify evils like slavery. In his 1979 paper “What is Wrong with Slavery?,” Hare appeals to the idea that, although an evil like slavery might seem to theoretically be justifiable on Utilitarian grounds (a common fault levied by critics), certain weaknesses of human nature make the conditions that might theoretically justify such evils in the abstract impractical and unrealizable in the real world. Specifically, human behavior will be corrupted by power over others, and inevitably result in a cruelty incompatible with utilitarianism. States Hare:
The Veterinarian's Burden: The Cost of Ethical Care for Animals
Published in The American Journal of Bioethics, 2018
John G. DeVries, Raymond G. De Vries
The ultimate authority of an owner to decide on the treatment of an animal (short of the difficult-to-define “animal cruelty”) distinguishes the ethical problems of animal and human medicine. Sad stories of “convenience euthanasia” (“Our new home has no room for Rover …,” “Fluffy, our cat, is shredding our new couch…”) and requests for declawing, ear cropping, and tail docking are unique to veterinary practice. A colleague of the first author recalls a client who unsuccessfully tried to bargain a reduction for the cost of euthanizing his dog. Unhappy that the doctor would not negotiate, the client took the dog to the parking lot and shot it: an infelicitous privilege of ownership and an occasion for moral reflection on the part of the veterinarian.