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现阶段我国警察枪支使用法律责任的相关规定尚不完善,存在着法律责任设置不够系统、操作性不强等问题。探讨警察枪支使用方面存在的困境,对我国警察枪支使用法律责任的设置提出建议,有利于我国警察枪支使用法律责任的设置日臻完善。 相似文献
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Peter Olsthoorn 《Journal of Military Ethics》2017,16(1-2):78-93
In recent years, it has been argued more than once that situations determine our conduct to a much greater extent than our character does. This argument rests on the findings of social psychologists such as Stanley Milgram, who have popularized the idea that we can all be brought to harm innocent others. An increasing number of philosophers and ethicists make use of such findings, and some of them have argued that this so-called situationist challenge fatally undermines virtue ethics. As virtue ethics is currently the most popular underpinning for ethics education in the military, it is important to know to what extent the claim situationists make is correct. Fortunately, a closer look indicates that an interactionist perspective, with our character and the situation interplaying, is more accurate than the situationist perspective. 相似文献
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Maria Raquel Freire Paula Duarte Lopes Daniela Nascimento 《African Security Review》2016,25(3):223-241
Despite its many institutional and political weaknesses and limitations, the African Union (AU) has been developing a variety of tools and mechanisms to respond effectively to complex disasters and emergencies (both natural and manmade) by building up a comprehensive regional security architecture. Furthermore, it has become the first and only regional or international organisation to enshrine the principle of ‘responsibility to protect’ (R2P) in its Constitutive Act. This regional approach to and formal endorsement of the R2P principle allowed it to assume a particular place in the promotion of peace and security in its area. This article aims to critically assess the effectiveness of the AU on the African continent by exploring its real capacity in preventing and responding to emergencies and violent conflicts, and therefore in rendering the principle of R2P operational. The article argues that the formalisation of principles does not necessarily mean their effective implementation. The organisation's use of the R2P principle is also greatly conditioned by internal and external factors. 相似文献
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Wali Aslam 《Journal of Military Ethics》2016,15(2):143-162
In International Relations (IR), the actions of great powers are usually assessed through their direct effects. Great powers are generally considered to be responsible for the consequences of their actions if they intentionally caused them. Although there is discussion on “double-effects” and “side-effect harms” in the realms of philosophy and political sociology, these largely remain absent from the field of IR. This article bridges that gap by clarifying a set of yardsticks through which side-effect harms of great powers’ actions can be evaluated, including “capacity”, “historical precedent”, “voluntarism” and “unintentional causality”. These yardsticks are deduced through the Theory of Special Responsibilities, which combines elements of Constructivism and the English School. The theoretical framework presented is then applied to the case of American drone strikes in the Federally Administered Tribal Areas (FATA) of Pakistan. A number of terrorists in FATA have relocated elsewhere within Pakistan to escape these strikes, subsequently harming individuals in new locations. The article asks: who bears responsibility for the harm brought to civilians by these dislocated terrorists? Analysis from the perspective of the theoretical framework, constructed and applied here, suggests that even if the US may claim not to have directly intended such an outcome, it still shares some responsibility for the harm to innocent civilians. 相似文献
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VIRGIL HAWKINS 《African Security Review》2013,22(2):61-71
Although Africa is host to the vast majority (and the most deadly) of conflicts in the world, it would appear that there is a distinct lack of genuine interest in African affairs shown by the UN Security Council and its key members. This paper proposes a 10-level scale of response system to measure the seriousness of the Council in dealing with conflicts. By comparing the Council response with the size and severity of each individual conflict, the scale attempts to assess the Council performance in the fulfilment of its duty to restore international peace and security. The results show that Africa has been (and remains) marginalized in the Council work. 相似文献
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Cornelia Vikan 《Journal of Military Ethics》2017,16(3-4):239-255
This paper discusses soldiers’ moral responsibility in today’s complex conflicts. The point of departure is the increased focus on soldiers as moral decision-makers in war, illustrated by the introduction of core values in the Norwegian Armed Forces. Responsibility is one of these core values, but it is not clear exactly how we should understand responsibility. I use a case where a group of Norwegian soldiers in the International Security Assistance Force (ISAF) sought the cooperation of a group of mujahedeen to solve the military mission of establishing security. As confidence between the parties grew, the soldiers became horrified witnesses to a practice of bacha bazi, where a young boy is dressed up for entertainment and sexual abuse. This situation gives reason to question the limits of role responsibility, the status of soldiers’ legitimacy, and the challenges of making morally sound judgments in a multicultural context. The discussion demonstrates that, even if there are restrictions on the soldiers’ freedom to act, a responsibility reaching beyond or extending their role should be recognized as part of the moral reality of modern soldiers. 相似文献
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ANDILE SOKOMANI 《African Security Review》2013,22(4):81-90
“Lack of money is the root of all evil” George Bernard Shaw In a environment where party financing, private funding in particular, is generally a laissez-faire business, as in most Southern African countries, there is the real risk that interest groups and wealthy individuals will buy influence in political parties and in so doing erode public confidence in the political system. Because they are neither open to public scrutiny nor subject to any legislative restraints, huge private donations can, and often do, come with strings attached. This lack of transparency and openness, as well as mechanisms to prevent it, provides ample ground for influence peddling, where those who pay the piper call the tune. Left unchecked, this party funding scenario will continue to be a serious indictment of the region's democratisation projects, crippling democracy and stunting economic development. This article consid 相似文献
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当代科技进步不仅影响着世界格局的变革,也深刻影响着国家的外交行为。随着中国经济实力和科技实力的快速发展,中国更为主动、自信地以大国身份融入国际社会,在几乎所有重要的全球性国际机制中都发挥着积极作用,遵守和履行相应的规则和义务,承担为国际社会提供公共产品以及维护正常合理的国际秩序等国际责任。但随着全球问题的不断增多,国际社会对中国承担更多国际责任的期待也在增多,有些西方国家甚至要求中国承担超出能力的国际责任。面对错综复杂的新形势,中国应该清醒认识自身的国际角色定位,在确保自身崛起的前提下,以科技实力和综合国力承担起力所能及的国际责任,为中国的和平发展提供更广泛的认同基础。 相似文献