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The purpose of this thesis is to show that and how a utilitarian theory of ethics and justice can be worked out in such a way as to avoid many of the criticisms that have been traditionally urged against it. And to show that, once worked out in this way, utilitarianism provides us with a complete, consistent, and attractive, moral code. In Chapter I, I lay the foundations of the classical utilitarian theory by stating and examining the Principle of Utility as it is found in the writings of Bentham and Mill. The "theory of life," as espoused by Mill, which underlies, and is implied by, his statement of the Principle of Utility is then stated. And from this "theory of life" I abstract the Principle of Hedonism which I formulate, following Mill, as "pleasure and the absence of pain are the only things desirable as ends." This Principle of Hedonism I claim to be essential to any hedonic utilitarian position. In Chapter II, I examine the important concepts of pleasure and happiness. I argue that pleasure and pain are, in the ethically relevant senses of these terms, genuine opposites. An account of the relevant senses of pleasure and pain is offered, analysing pleasure as a pleasurable state of consciousness having a "positive hedonic tone"; pain as an unpleasant state of consciousness. Distinctions of quality in pleasures are discussed. I argue that if we are to be consistent with the Principle of Hedonism that states that pleasure and the absence of pain are the only things desirable as ends, insofar as distinctions of quality do not admit of being analysed in terms of quantity, we must reject them. I then give an account of happiness, claiming that happiness is analysable as an aggregation of pleasurable states of consciousness having a "positive hedonic tone." In Chapter III, I turn to the notions of impartiality and equality. With respect to impartiality, I argue that the utilitarians held the view that we must neither be partial towards, nor prejudiced against, our own happiness, but that we must act so as to maximise happiness, regardless of whose it is. I then turn to equality. I begin by claiming that the utilitarians explicitly or implicitly accepted equality as their principle of distribution of happiness, as expressed by Bentham's maxim, "everybody to count for one, nobody for more than one.” I then distinguish two senses of Bentham's maxim. These are: (l) other things being equal (i.e., where the individuals involved are equally deserving) A should be made just as happy as B and vice-versa; and (2) when you are distributing happiness, spread it around in equal shares. I argue that sense (l) entails sense (2) of Bentham's dictum. Having thus elucidated Bentham's dictum, I consider Mill's claim that equality is "contained in the very meaning of Utility," which amounts to saying that the happiness we ought to be concerned to maximise according to the Principle of Utility is equally distributed happiness. I reject this as being unsatisfactory as, thus interpreted, considerations of utility are unable to override considerations of equality; and that there are occasions where an equal distribution of the goods would be undesirable. I suggest that the Principle of Equality is best understood as being distinct from the Principle of Utility. Understood in this way, the Principle of Utility enjoins us to maximise the total amount of happiness in the world, and the Principle of Equality enjoins us to distribute this happiness equally. And in cases of conflict between the two principles, the Principle of Equality is to be systematically subordinated to the Principle of Utility. I then examine Bentham's dictum as a specific application of the Principle of Equality that states that similar cases ought to be similarly treated. In the final section of this Chapter, I argue that adherence to the Principle of Equality can be justified in most cases by considerations of utility. Finally, I specify the sorts of cases in which an equal distribution of the goods would be undesirable; and in which, accordingly, the Principle of Equality ought to be set aside. In Chapter IV, I turn to the controversy between act- and rule-utilitarianism. I characterize act-utilitarianism as that doctrine that holds that the rightness or wrongness of actions is determined by the goodness or badness of the consequences of each particular action. And the rightness or wrongness of each action is decisively determined by direct appeal to the Principal of Utility. The act-utilitarian, I argue, does use rules, but these are merely to be regarded as rules of thumb, and to be disregarded whenever they conflict with the dictates of the Principle of Utility. I characterize rule-utilitarianism as that doctrine that holds that the rightness or wrongness of actions is to be assessed by rules, and the rules are to be assessed by the consequences of adopting the rules. On the rule-utilitarians' account, the Principle of Utility primarily applies to rules that govern classes of action. These rules will be, once established, the final determinant of specific obligations. According to what I consider to be the most plausible version of rule-utilitarianism, it is legitimate to appeal directly to the Principle of Utility only when (l) there is no rule to govern the case, or (2) the action falls under two rules that give conflicting advice, or (3) following the rule incurrs needless suffering. Interpreted in this way, I argue that the only way in which act- and rule-utilitarianism differ is in that whereas the act-utilitarian would disregard the rule when following it does not maximise happiness in the particular case, the rule-utilitarian would not. I then distinguish two forms of the universalisation principle, the hypothetical and the causal, and argue that the act-utilitarian holds it in the hypothetical form. I argue that once the considerations involved in the causal form of the universalisation principle are correctly taken into account, and yet where the consequences of breaking the rules are more beneficial than conforming to them, there is no good reason to justify conformity to the rules. Thus I argue for a variety of act-utilitarianism. In Chapter V, a theory of justice is put forward that claims that justice is composed of two elements: equality and benevolence. I argue that the concept of justice is exhaustively analysed by these two conditions; and that if an act fails to meet either of these requirements, it cannot properly be termed "just." I then distinguish between rightness and justice. But I also argue that we cannot properly say that an act is "just" but "wrong" or "unjust" but "right , and indicate how we can avoid doing so in cases of conflict between Justice and Utility. / Arts, Faculty of / Philosophy, Department of / Graduate

Purpose and Limits of the Present Study. International litigation is primarily concerned with finding a solution for the conflicting and contradictory claims of the disputant states who have different notions of justice for their acts and omissions at the international level. This problem becomes more acute when one party asserts its right against the other, and, in the absence of any treaty or convention, tries to establish and prove the existence of such right, on the basis of long usage, practice or custom, recognized as such by the civilized nations of the international community. The International Court of Justice, like its predecessor, the Permanent Court of International Justice, had to face those problems in a number of cases brought before it, and it succeeded, to a great extent, in solving those complicated problems, and, by crystallizing those rudimentary rules of customary law, which in the past had been a source of confusion for the international jurists, has made important contributions to the development of international law. It is the purpose of the present study to analyze the jurisprudence of the Court and, to find those principles of customary international law that the Court has applied for arriving at a particular decision. The approach is basically expository, and is confined to scrutinize that volume of authority, which the Court has produced on "international custom, as evidence of a general practice accepted as law."¹ Within this limited range it was thought desirable not to ignore the fundamental questions relating to state sovereignty and "domestic jurisdiction", which present-' various problems in international adjudication. Since the object of the present thesis is to extract, assemble, and evaluate the nature of those principles which the Court enunciated in its Judgments, it was found necessary to draw upon the individual opinions of the dissenting Judges, or, the separate opinions of those who concurred in the operative part of the Judgment, but, gave different reasons for arriving at the same conclusion, because it has been said that: "A dissent in a court of last resort is an appeal to the broadening spirit of the law, to the intelligence of a future day where a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.”¹ 1 Art. 38 (1) (b) of the Statute of the Court. 1 Charles Evans Hughes, U.S. Supreme Court 68 (1928) (quoted by Runz, "The Nottebohm Judgment (second phase)," 514 AJIL (I960), p.. 539; see however, Lauterpacht, The Development of International Law by the International Court of Justice, Stevens, London, 1958, pp. 66-7). / Law, Peter A. Allard School of / Graduate

This is a case study and analysis of the Justice Institute of British Columbia, a Board-governed provincial post-secondary institute. Under contract to various provincial government ministries, the Justice Institute's five Academies and two central Divisions train municipal police, provincial court and correctional employees, fire service personnel, ambulance attendants and provincial emergency program personnel, and provide programs for professionals and the public in the areas of justice and public safety. Although the proposed organization was conceived to meet training and educational needs that existed under the umbrella of the Ministry of Attorney-General, shortly before its formal establishment the Justice Institute was captured by the proposed Colleges and Provincial Institutes Act and now came under the jurisdiction of the Ministry of Education. Two fundamental issues emerged from the case study: jurisdictional ambiguity, involving the relation between the Justice Institute and the Ministries of Education and Attorney-General; and internal organization, involving the relation between the five Academies and the central Justice Institute administrative structure. These emergent issues were found to be primarily structural in origin. Therefore a structural analysis was conducted, based on Mintzberg's "extended configuration hypothesis," which identifies and explains fundamental relationships among organizational design parameters and characteristics of the environment in which the organization exists. Within Mintzberg's framework the Justice Institute was identified as a divisionalized form. The case study and emergent issues were analyzed in relation to the main characteristics of the divisionalized form. In the context of jurisdictional ambiguity, it was found that decentralized internal structural relationships, and client grouping as opposed to functional grouping, may have been key factors in the survival of the Justice Institute in a period of environmental turbulence during the early to mid 1980s, and in its demonstrated effectiveness in fulfilling its organizational mission. It was further found that a strong central structure was required to stabilize the Justice Institute, particularly at times when the environment was inimical to the continued existence of the Justice Institute. It was suggested that this apparent contradiction lay at the roots of the instability of the early organization. The study recommended that the Justice Institute recognize the weaknesses, and build upon the strengths, of the divisionalized form. Further, it found Mintzberg's extended configuration hypothesis to be an effective instrument for performing a structural analysis of an organization. / Education, Faculty of / Educational Studies (EDST), Department of / Graduate

D.Litt. et Phil. (Philosophy) / This thesis consists of two parts. First an argument is made to the effect that the contemporary debate on justice does not sufficiently address the specific problems pertinent to radically unjust societies. In the second part an attempt is made to propose remedies for these deficiencies. In chapter one the following deficiencies in the contemporary debate on justice are pointed out: (i) it does not provide sufficient guidance on how injustice should be identified, (ii) there is a lack of clarity on the universality or particularity of theories of justice; (iii) the methodology of theories of justice is neglected; (iv) a thorough evaluation of forms of political action acceptable for the transformation of injustice into justice is relatively absent; (v) there is a lack of attention to conflicts of pluralism other than religious and moral pluralism. In the second chapter it is noted that people in radically unjust societies often accept their situation willingly or endure it passively because they either accept a set of ideas legitimating it, or they perceive their situation as the inevitable product of natural forces that they are powerless to do anything about. Suggestions are made to enable these people to see their society as the product of human activity and thus as something that they as human beings can modify, alter, change, or transform. Having established, at the beginning of chapter three, that the quest for a universal theory of justice is important, various findings are briefly sketched. It is followed by an attempt to distinguish universal elements that ought to belong to the contents of any theory of justice, justified by reference to features of our common humanity, from ·the particular elements in a theory of justice, brought about by a variety of factors, such as socioeconomic circumstances, cultural values, specific experiences, and so on. In chapter four a theory of justice as complex consensus is expounded in six theses, which leads to a method appropriate for (i) the theoretical articulation and explanation of injustice and (ii) the design, construction, and justification of a theory of the optimally·just society that complements and completes the universal elements, distinguished above, by means of particular elements so that the resulting theory of justice is applicable to the unique socio-political context of a particular society only. In the fifth chapter views that defend an extrinsic or an intrinsic relation between the means and ends of the transformationof a radically unjust society into a nearly just (or even an optimally just) one, are contrasted. Thereafter an extensive defense of an intrinsic relation between the means and ends of political transformation is provided. The final chapter starts by indicating what should be counted as gains made in terms of justice once a radically unjust society has been transformed into a nearly just (or even an optimally just) one. A sketch of the simplest way possible for implementing and securing these gains will be examined and remedies will be proposed that best secure justice for those shortcomings that have been pointed out.

As the number of pregnant defendents continues to grow, so too do the problems and concerns surrounding them. While literature can be found on related topics, the specific issue of pregnancy and judicial decisions has yet to be examined. The purpose of this particular research study is to heighten awareness of the issues surrounding the topic, and provide evidence indicating the influence, if any, pregnancy has on judicial decisions.

The racial typification of crime refers to the extent to which crime is represented as a Black phenomenon. Additionally, the ethnic typification of crime, where crime is represented as a Latino phenomenon, has received recent attention. Research on these concepts has found them to be predictive of punitive attitudes toward criminals. However as fairly new concepts, research has yet to clearly identify the factors that may contribute to the formation of these stereotypes. Using a national sample, this paper evaluates whether three potential factors influence attitudes that express the racial/ethnic typification of crime: symbolic or modern racism, media exposure and consumption, and inter-group contact. The results reveal that group contact is the only consistent predictor of both the racial and ethnic typification of crime; group contact is positively associated with the racial and ethnic typification of crime. Implications and directions for future research are discussed. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy. / Spring Semester, 2012. / March 28, 2012. / Crime, Group Contact, Media, Prejudice, Stereotypes / Includes bibliographical references. / Ted Chiricos, Professor Directing Dissertation; Marc Gertz, Committee Member; Gary Kleck, Committee Member; Patricia Warren, Committee Member.

Prior research on neighborhood effects has focused on structural characteristics such as socioeconomic disadvantage, ethnic heterogeneity, and residential instability, giving less attention to the cultural factors that may influence adolescent behaviors. One of the prominent studies on oppositional culture was conducted by Elijah Anderson (1990, 1999). He observed that structural conditions in disadvantaged neighborhoods created an oppositional culture that endorsed negative behaviors such as violence and early sexual activity. Most research has examined how gaining respect--a key aspect of the oppositional culture--leads to violence, but it has not explored adolescent male sexual activity as an outcome. This research will fill a void in the literature by addressing four research questions. The first two questions will assess whether gaining respect from peers is a significant predictor of adolescent male sexual activity and whether it varies by race. The second set of questions will assess whether the proposed effect of gaining respect from peers on adolescent male sexual activity is moderated by neighborhood disadvantage and whether it varies by race. Using data for male adolescents from Waves I and II of the National Longitudinal Study of Adolescent Health (AddHealth), the results showed that the need to gain peer respect increased the likelihood of adolescent males becoming sexually active, but there were no significant racial differences in this relationship. Further, gaining peer respect's effect on adolescent male sexual behaviors was not stronger in neighborhoods with higher levels of disadvantage, nor were there significant race differences. Overall, there was limited support observed for the oppositional culture perspective. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy. / Fall Semester, 2011. / July 7, 2011. / Adolescent Male Sexual Activity, Neighborhood Context, Oppositional Culture / Includes bibliographical references. / Eric A. Stewart, Professor Directing Dissertation; Karin L. Brewster, University Representative; Daniel P. Mears, Committee Member.

Researchers have explored two competing ideas as to why people obey the law. Some research has taken the instrumental approach--the belief that the prospect of rewards and punishments drive behavior. Others have taken the normative approach--the belief that internalized judgments about institutions and procedures drive behavior. The latter is the focus of this dissertation. Using a sample of female inmates, this dissertation examines what effects procedural justice of police and courts, the institutional legitimacy of police and courts, and obligations to obey the law. Most prior literature on normative attitudes has tested the political psychology of the mass public. By examining female inmates this study moves beyond the perceptions of the general public and focuses on individuals that have had the most serious interactions with the criminal justice system. Additionally, females are an especially important demographic of interest given their growing presence in the criminal justice system. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy. / Summer Semester, 2012. / June 20, 2012. / Courts, Legitimacy, Obedience, Police, Procedural Justice / Includes bibliographical references. / Marc G. Gertz, Professor Directing Dissertation; Martin Kavka, University Representative; Eric Stewart, Committee Member; Carter Hay, Committee Member.

The general purpose of this study is to provide a multilevel examination of the prevalence and contextual influences of traditional and cyber bullying perpetration through a criminological perspective. Bullying and harassment in our schools has become a growing national epidemic and has caught the attention of various disciplines such as education, psychology, sociology and medicine. However, the use of criminological theories to examine the phenomenon of bullying has been limited. Given the link between deviance and bullying behaviors, leading criminological theories could provide valuable nuances to what we already know about bullying. Using a state-wide representative sample of Florida, the present study provides rich and detailed insights into bullying prevalence in Florida schools by examining the incidence rates for verbal, physical and cyber bullying, where bullying takes place as well as a comparison of involvement among various demographic groups. Using hierarchical linear modeling, the study also examines the fit of four criminological theories - social bond theory, social learning theory, general strain theory and social disorganization theory in explaining traditional and cyber bullying. Results found some distinct factors associated with each type of bullying. Furthermore, the findings indicate that while several key individual level significant effects were found, contextual level variables are still important components to consider. In particular, indirect contextual effects could determine the conditions under which certain individual-level characteristics may function. Based on the findings implications for bullying prevention and intervention programs for bullying behaviors are discussed. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy. / Summer Semester, 2012. / June 26, 2012. / Cyber bullying, Multilevel modeling, Social bonds theory, Social disorganization theory, Traditional bullying / Includes bibliographical references. / Brian Stults, Professor Directing Dissertation; Martell Teasley, University Representative; Eric Stewart, Committee Member; Sonja E. Siennick, Committee Member.