Regulatory and Legal Aspects of Penality

SSRN Electronic Journal, 2000

How to cite TSpace items Always cite the published version, so the author(s) will receive recognition through services that track citation counts, e.g. Scopus. If you need to cite the page number of the author manuscript from TSpace because you cannot access the published version, then cite the TSpace version in addition to the published version using the permanent URI (handle) found on the record page. This article was made openly accessible by U of T Faculty. Please tell us how this access benefits you. Your story matters.

SSRN Electronic Journal, 2009

How to cite TSpace items Always cite the published version, so the author(s) will receive recognition through services that track citation counts, e.g. Scopus. If you need to cite the page number of the author manuscript from TSpace because you cannot access the published version, then cite the TSpace version in addition to the published version using the permanent URI (handle) found on the record page. This article was made openly accessible by U of T Faculty. Please tell us how this access benefits you. Your story matters.

SSRN Electronic Journal

How to cite TSpace items Always cite the published version, so the author(s) will receive recognition through services that track citation counts, e.g. Scopus. If you need to cite the page number of the author manuscript from TSpace because you cannot access the published version, then cite the TSpace version in addition to the published version using the permanent URI (handle) found on the record page. This article was made openly accessible by U of T Faculty. Please tell us how this access benefits you. Your story matters.

2016

International and Comparative Law Review, 2017

Revisiting the notion of 'intensity' inherent in Common Article 3: An examination of the minimum threshold which satisfies the notion of 'intensity' and a discussion of the possibility of applying a method of cumulative assessment ..

SSRN Electronic Journal, 2004

How to cite TSpace items Always cite the published version, so the author(s) will receive recognition through services that track citation counts, e.g. Scopus. If you need to cite the page number of the author manuscript from TSpace because you cannot access the published version, then cite the TSpace version in addition to the published version using the permanent URI (handle) found on the record page. This article was made openly accessible by U of T Faculty. Please tell us how this access benefits you. Your story matters.

2006

William and Mary Law Review, 2007

N. Cardozo School of Law. I wish to thank Scott Shapiro and Benjamin Zipursky for their comments on earlier drafts. The mistakes that remain are my own.

Criminal Justice Ethics, 2021

Theorists of criminal law widely agree that state punishment involves harsh treatment and stigma and that states must therefore provide protections for targeted individuals. But certain regulatory measures can also be used to impose harsh treatment and stigma. This paper addresses the stigmatic impact of harsh regulatory measures. It argues that harsh regulatory measures that label targeted individuals as risky impose a stigma that has the potential to significantly affect these individual’s personal and professional relationships. Such measures include area restrictions applied to alleged terrorists and registration requirements for convicted sex offenders. I recommend ways of implementing legal safeguards for targeted individuals against the stigma involved in the employment of such measures.

Journal of Law Policy and Globalization, 2013

The purpose of this paper is to reflect on the legal and socio-ethical implications of punishment. We have reviewed existing literatures on punishment with a view to establish a synthesis of scholarly opinions on punishment. It is appropriate for civil authorities to be properly educated on the functions of punishment. Public policy on punishment should have social dimension. Punishment should be seen as an aspect of social engineering. The study has strongly recommended that the purpose of punishment should ultimately be the reformation of offenders. WHAT IS PUNISHMENTS? Etymologically, the word punishment is derived from Old French punir, and from two Latin words punire, meaning to punish and poena, which means "penalty". According to Oxford English Dictionary (1976:901), the verb form "punish" means: "…to cause (offender) to suffer for offence, chastise, inflict penalty on (offender); inflict penalty for (offence)". The New Encyclopedia Britannica (1975:281) has defined punishment as: ""... the infliction of some pain, suffering, loss, or social disability as a direct consequence of some action or omission on the part of the person punished. The punishment may consist of death, physical assault, detention, loss of civil and political rights, or banishment". Black's Law Dictionary (1979:1) defines punishment as: "... any fine, penalty, or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him or for his omission of duty enjoined by law. A deprivation of property or some right". N. S. S. Iwe (1987:246) has identified four essential elements of punishment to be deprivation, contrivance, misdeed or offence and legitimacy. Deprivation means that punishment is characterized by loss of life, liberty or socioeconomic right. Contrivance means that punishment, as a social issue must be viewed perceptively as a direct or indirect consequence of human behaviour. Iwe is of the opinion that this element gives punishment its sociological dimension, for each society defines its own system of punishment to reflect its own level of culture and norms, its own ethos and values. Hence the penal code is usually a reflection and image of its society (1987:246). Misdeed or offence has to do with the occasion and socio-ethical cause of punishment. It must be established prima facie that there is an infringement, or violation of the social order. Iwe writes: "... offence or misdeed must pass the appropriate psycho-moral test before it can qualify for punishment. To pass this test a given misdeed or offence must be truly human act performed with due knowledge, deliberation and voluntariness... The offender must be truly and humanly guilty of an offence before he can be legitimately punished" (1987:246). Legitimacy is a requirement that a competent authority must punish the offender. Such a person, or persons must possess a socio-juristic mandate to mete out punishment to deviants.