Philosophy and Justice 2020
Bringing Light (Not Heat) to the Conversation about Criminal Justice
Thursday, March 5, 2020
Does Owning a Gun Cause Harm?
In the wake of yet another lethal shooting in an American school, survivors and activists are again calling for greater restrictions on gun ownership. Groups have called for raising the legal age to purchase a gun to 21, create more thorough background checks for purchases and even banning assault rifles. Yet gun owners and groups that represent them have resisted such restrictions claim that "guns don't kill people, people kill people." Which position is correct? Are restrictions on gun ownership -- and even the prohibition of some kinds of guns -- justified? Does the ownership of a gun cause harm? How does it compare to things like the possession of dangerous material such as poison, fertilizer and plutonium? Can the Harm to Others Principle justify restrictions and/or prohibitions on gun possession?
Sexting and Child Pornography
On October, 2016, a 16 year old girl attending Maurice J. McDonough High in Maryland shared a one minute video with two of her friends: a 16 year old female and a 17 year old male. The video she shared showed herself engaging in a sexually explicit act. She expected her video would remain private. However, after she had a falling out with those friends, one of them shared the video with the school resource officer who worked for the county sheriff's department. She was arrested and, although she was not jailed and was not required to register as a sex offender, she was placed on probation and subject to electronic surveillance and weekly drug tests. While the production of child pornography usually involves a harm to child, is there a harm in this case? If so, does the harm justify criminal charges and the threat of prison? What about if the women in question were older than 18 -- would that make a difference? Should minors be penalized in any way in the criminal law for sharing sexually explicit images of themselves?
Shiny, Happy Babies
The idea of "designer babies" that are genetically engineered to have superior strength and intelligence seems like a science-fiction fantasy (one explored, for instance, in the film Gattaca among other places). However, in November, 2018 a rogue scientist in China announced that he had genetically modified human embryos in order to confer resistance to HIV and those embryos developed in children. The scientist was later sentenced to 3 years in jail. Putting aside the moral and legal issues of experimenting on humans, should the production of designer babies be prohibited by the law? If so under what principle? After all, does genetically enhancing a baby benefit (and not harm the child)?
Obesity and Paternalism
Rates of obesity in the United States are alarming -- and efforts to reverse the trend seem ineffective. According the Center for Disease Control and Prevention 38 percent of U.S. adults are obese and 17 percent of teenagers are as well. Another third or so of Americans are overweight. Obesity can lead to serious health condition such as heart disease and diabetes. Some governments have attempted or considered paternalist interventions to stem the tide of obesity. For example, New York City attempted to ban the sale of soda pop in sizes greater than 16 oz. Other cities such as Berkeley and Philadelphia have passed a soda tax. In Philadelphia distributors are taxed 1.5 cents per once on soda pop and other sweetened drinks: a 2 liter bottle of pop that used to cost $1.79 sells today for $2.79 because of an added dollar in tax. These laws are intended to help consumers in these cities -- but have they gone too far? Are these laws and taxes justified? Why or why not?
Friday, February 21, 2020
Hitch Your Wagon to a Star?
On March 26. 1997 39 members of the Heaven's Gate cult committed suicide in an attempt to catch a ride with a spaceship hiding in the wake of the Hale-Bopp comet. Had authorities known of these plans would they have been justified in arresting the cult members to prevent their deaths? After all, police officers forcibly prevent suicides all the time? What about a Jehovah Witness who refuses a blood transfusion for a life saving operation? Should the state force him or her to have the operation to save her or his life? What about a mountain climber who wants to ascend a dangerous Himalayan mountain peak in the middle of winter? Would authorities be justified in arresting her or him to prevent such a foolhardy ascent? Or do individuals have a right to engage in harmful behavior that is meaningful to them?
Highways and Protests
In On Liberty, Mill vigorously defends the right of citizens to assemble and express their views. Yet how far does that right extend? A bill in Iowa proposes making protesting on a highway a felony subject to as much as five years in prison. Its proponent cites safety concerns around the obstruction of police and fire vehicles. However, civil liberties claim it and similar laws have a chilling affect of free speech and the right to protest. What would Mill say about all this? Which side of the debate is correct (or is there some third or middle position that is correct)? Is there a right to protest even if it prevents me from getting work on time?
A Right to Hate?
A white supremacist wants to advocate his political views on a billboard in a majority African-American neighborhood. A neo-Nazi group wants to march in a city with a large number of Holocaust survivors. A conservative Christian passes out literature denouncing the legitimacy of gay marriage outside of a wedding chapel. Are these actions examples of hate speech? If so, should they be legally permitted according to Mill? Is he correct? What should the state do about speech that discriminates or preaches intolerance?
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Does Owning a Gun Cause Harm?
In the wake of yet another lethal shooting in an American school, survivors and activists are again calling for greater restrictions on gun ...
-
On October, 2016, a 16 year old girl attending Maurice J. McDonough High in Maryland shared a one minute video with two of her friends: a 16...
-
The idea of "designer babies" that are genetically engineered to have superior strength and intelligence seems like a science-fict...
-
A white supremacist wants to advocate his political views on a billboard in a majority African-American neighborhood. A neo-Nazi group wan...