Dangerous dogs and proportionate sentencing

The government is currently consulting on whether the maximum sentences for aggravated offences under the Dangerous Dogs Act 1991 should be increased. This offence category covers cases in which someone allows a dog to be dangerously out of control and the dog injures or kills a person or an assistance dog. Respondents to the survey can indicate whether they want tougher penalties for these sorts of cases. The suggested range of penalties for injury to a person – as well as death or injury of a guide dog – are three, five, seven or 10 years in prison. In relation to cases involving the death of a person, the respondent is asked: “Which of the following options most closely resembles the appropriate maximum penalty: seven years, 10 years, 14 years or life imprisonment?”

Given that the current maximum sentence for cases involving death is two years in prison, changing the law to match any of these options would represent a significant increase in the severity of the sanction. Whilst the current two-year maximum has understandably struck many as too low, it is important that those responding to the consultation — and those revising the law it is intended to inform — think carefully about the principles that would justify an increase. Continue reading

Jeff McMahan on What Rights Can be Defended by Means of War

On the evening of Thursday 7 February, Jeff McMahan, Honorary Fellow of the Oxford Uehiro Centre for Practical Ethics and Professor Philosophy at Rutgers University, delivered an insightful and fascinating Astor Lecture at the University of Oxford.

McMahan’s topic was the relatively underdiscussed question of the extent to which states are morally entitled to resist what he called ‘lesser aggressors’, who are seeking not to take over the state in question or to inflict major harm or damage, but some lesser goal, such as control over some relatively insignificant piece of territory. McMahan mentioned the Argentinian invasion of the Falklands Islands as a possible example.  Continue reading