Humanized Detectives: Cuff and Marlowe

Mystery and Archetypal Modification

In both The Moonstone by Wilkie Collins and The Long Goodbye by Raymond Chandler, the authors develop the very concept of mystery through archetypal modification: the process by or through which authors take a familiar trope, truism, or character template and add a slight twist or bend to it, but not so much so that it is entirely novel or unfamiliar to readers. Rather, Collins and Chandlers changed the archetype of the detective just enough to enrich the mystery genre and the concept of mystery itself.[1]

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Kennedy v. Louisiana (2008) – US Case Law Overview

In 2008, proponents of capital punishment for rape believed they had a winning case that would allow the use of capital punishment for some nonlethal crimes. Patrick O’Neal Kennedy from Harvey, Louisiana was sentenced to death after he was convicted of raping his eight-year-old stepdaughter. The rape was uncommonly brutal in its severity. The injuries that Kennedy’s stepdaughter sustained from the repeated rapes required emergency surgery. Kennedy initially maintained that the battery was committed by two neighborhood boys. He even refused to plead guilty when a settlement was offered to spare him from a death sentence. In 2003, Kennedy was convicted and sentenced under a 1995 Louisiana law that allowed the death penalty for the rape of a child under the age of 12. The Court did not share the same optimism that proponents of capital punishment did. The majority, relying on the precedent of the ESD Doctrine, overturned the death penalty since the rape, though it did involve a child, did not result in the death of the victim (544 U.S. 407).

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The Historical Development of the Evolving Standards of Decency (ESD) Doctrine in the U.S. Supreme Court

One of the most controversial elements of the U.S. Bill of Rights is the Cruel and Unusual Punishments Clause of the Eighth Amendment which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. Amdt. 8). Whether the use of the death penalty is an instance of cruel and unusual punishment has been the subject of sustained and intense debate given that there have been over 16,000 legal executions in the United States from 1700 until 2019 (TIME). Continue reading

Contra Haidt: A Short Critique of Schwitzgebel and Rust’s Empirical Studies

From Haidt’s impassioned rejection of the “rationalist delusion,” it is difficult to discern why Schwitzgebel and Rust would place such significance on the aforementioned behaviors as they pertain to ethicists versus non-ethicists. There are more morally egregious behaviors that ethicists could engage in would serve to overwhelmingly confirm the fact that they do not act more morally than others despite their professional status as moral philosophers. Yet, in the various articles published by Schwitzgebel and Rust, very little explanation is provided as to why these are truly relevant to determining whether moral philosophers behave better than those who may not have as extensive training or education in moral reasoning. In an article about the library habits of ethicists versus their non-ethicist counterparts, there is only one sentence provided as to why failure to return library books is bad (Schwitzgebel 714). Rather than justifying their choice of moral behaviors to research, Schwitzgebel and Rust spend most of their published articles explaining the methods they use.

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