概括
即使招聘过程是以优点为基础的,如果申请人缺乏机会,也可能无法确保公平. 这项研究为刑事司法中采取正义行动辩护,
科学领域:
- 社会法律研究
- 刑事司法道德
- 公共政策
背景情况:
- 如果申请人缺乏发展资格的平等机会,基于优点的招聘可能无法保证实质性的公平性.
- 刑事判决中的形式公平性 (非歧视性) 可以掩盖因弱势犯罪者的机会有限而造成的实质性不公平性.
研究的目的:
- 提出一个类似于刑事司法的肯定行动的概念.
- 要求对那些没有机会避免犯罪行为的罪犯施以宽容的判决.
主要方法:
- 对就业和刑事司法系统进行概念分析.
- 辩护"肯定的行动"原则在判决中的道德论证.
主要成果:
- 实质性的公平要求考虑犯罪者的发展能力和避免犯罪的机会.
- 一种形式的"刑事司法正义行动"可能涉及对处境不利的犯罪者减轻惩罚.
结论:
- 刑事司法系统在判刑时应考虑犯罪者的背景和机会.
- 在刑事司法中实施"积极行动"可以促进更大的实质性公平.
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