Papers by Dr. Samuel C Japhets
Redemptive Penology vs. Exclusive Retributive Justice
Creatio Ex Nihilo: The Omnipotent God Still Creates Out of Nothing
This paper revisits the historical, biblical and theological grounds for the doctrine of creatio ... more This paper revisits the historical, biblical and theological grounds for the doctrine of creatio ex nihilo with the aim of re-establishing the relevance of divine omnipotence, freedom of the divine will, the contingency, goodness, sacramental and continuous nature of all of God's creation in today's world.
Mission Proposal: BornGreat World Youth Leadership Movement
PROQUEST, 2020
Grounded on long-standing penal notions of exclusive retributivism inherited from classical theor... more Grounded on long-standing penal notions of exclusive retributivism inherited from classical theorists, Ancient Near East Lex talionis, and theonomist penology, the United States federal sentencing and corrections system aims to administer just desert sentences on offenders, to curtail crimes. This exclusively retributive model of criminal sanction is, presumably transformative and innately capable of dispensing holistic justice to society, victims, and criminals. However, the preponderance of high rates of recidivism raises the question of whether this exclusively retributive doctrinal framework that drives the federal penology empirically results in a redemptive administration of penal justice, especially to the offender. Given the traditional dominance of the exclusive retributive model in federal penology, the recidivistic consequences raise three major issues that challenge the continued primacy of exclusive retributivism as a dominant penal doctrine in the federal criminal justice system.
First, whether exclusively retributive penal doctrines are innately redemptive for holistic, transformative outcomes, given the preponderance of recidivism trailing its application historically. Second, it inquires, comparatively, whether a restorative justice model possesses intrinsic redemptive, holistic, restorative attributes capable of mediating transformative peace, harmony, and order within the criminal justice system. Third, the thesis duly rejects the prevailing exclusively retributive scheme as inadequately equipped to redeem its subjects because while retributive penalties may be corrective, its exclusive imposition is innately non-redemptive. Contrary to the claims of exclusive retribution, the recidivism data cited here supports the notion that, post-retribution, most of the criminals are more likely than not to reoffend, even more egregiously. Thus, this thesis stands for the apologetic proposition that the redemptive penology model found within the restorative justice models is innately equipped to holistically transform criminals, crime victims, and society under the rubric of the federal sentencing and corrections doctrines, especially when operating in tandem with retribution per se and restorative justice goal.
This paper revisits the historical, biblical and theological grounds for the doctrine of creatio ... more This paper revisits the historical, biblical and theological grounds for the doctrine of creatio ex nihilo with the aim of re-establishing the relevance of divine omnipotence, freedom of the divine will, the contingency, goodness, sacramental and continuous nature of all of God's creation in today's world.
Books by Dr. Samuel C Japhets
The Magnificent Handbook of Space Mining Law, 2024
The vast expanse of space holds limitless wealth in the form of platinum-spangled asteroids, floa... more The vast expanse of space holds limitless wealth in the form of platinum-spangled asteroids, floating gold rocks, and other celestial bodies harboring strategic mineral resources worth quintillions of dollars. Water ice, helium-3, platinum, space gold iron, cobalt, and ammonia are just a glimpse of the bounty waiting to be harvested. However, legal uncertainty surrounding space mining hinders the development of this potentially transformative industry.
The Magnificent Handbook of Space Mining Law cuts through the legal fog, offering a groundbreaking interpretation of existing law that paves the way for responsible and commercially viable space mining.
In this book, the author, Dr. Samuel Japhets, challenges the prevailing notion that the 1967 Outer Space Treaty (OST) prohibits all commercial space mining endeavors.
Through a meticulous legal and policy analysis of Articles 1 and 2, 1967 OST, Dr. Sam argues that in its focus on peaceful uses of outer space, the 1967 OST does not prohibit the commercial taking of minerals lodged in celestial bodies. Rather, the OST prohibits any exclusive sovereign territorial claims over those celestial bodies themselves.
Further, Dr. Sam contends that Title IV of the U.S. 2015 Commercial Space Launch Competitiveness Act (CSLCA) provides the proper legal framework for commercial space mining activities because it provides the most persuasive interpretation of the 1967 OST.
The Magnificent Handbook of Space Mining Law thus dismantles the myth of a celestial "no man's land." It emphasizes that the celestial bodies themselves, distinct from the natural resources that reside in them, are not subject to sovereign territorial claims.
Using legal-historical analysis, the author demonstrates that, subject to other international regulations governing resource appropriation in shared spaces, the riches of outer space are fair game for responsible and sustainable commercial ventures.
State and private space investors, stakeholders, or national agencies can locate, characterize, capture, process, concentrate, and transport these resources to points of use in-situ or on planet Earth.
The Magnificent Handbook of Space Mining Law offers a comprehensive roadmap for navigating the legal landscape of commercial space mining, addressing critical issues like: Reconciling the dueling legal perspectives of the 1967 OST with regards to commercial space mining initiatives; Interpreting and applying Title IV of the U.S. 2015 CSLCA Space; Ecological / Environmental considerations for commercial space mining; Property rights over asteroid or space minerals when extracted from their natural loci; Integration of principles of collaboration, cooperation, and coordination, with self-interested egoism of states in commercial space mining.
By demystifying space mining law and addressing the investor's need for legal certainty and predictability, The Magnificent Handbook of Space Mining Law paves the way for a future where the celestial bounty can be harnessed for private and commercial benefits, ultimately benefiting all of humanity.
This book is an essential resource for lawyers, legal academia, space entrepreneurs, policymakers, and anyone fascinated by the legal and economic implications of the inevitable allure of commercial space mining.
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Papers by Dr. Samuel C Japhets
First, whether exclusively retributive penal doctrines are innately redemptive for holistic, transformative outcomes, given the preponderance of recidivism trailing its application historically. Second, it inquires, comparatively, whether a restorative justice model possesses intrinsic redemptive, holistic, restorative attributes capable of mediating transformative peace, harmony, and order within the criminal justice system. Third, the thesis duly rejects the prevailing exclusively retributive scheme as inadequately equipped to redeem its subjects because while retributive penalties may be corrective, its exclusive imposition is innately non-redemptive. Contrary to the claims of exclusive retribution, the recidivism data cited here supports the notion that, post-retribution, most of the criminals are more likely than not to reoffend, even more egregiously. Thus, this thesis stands for the apologetic proposition that the redemptive penology model found within the restorative justice models is innately equipped to holistically transform criminals, crime victims, and society under the rubric of the federal sentencing and corrections doctrines, especially when operating in tandem with retribution per se and restorative justice goal.
Books by Dr. Samuel C Japhets
The Magnificent Handbook of Space Mining Law cuts through the legal fog, offering a groundbreaking interpretation of existing law that paves the way for responsible and commercially viable space mining.
In this book, the author, Dr. Samuel Japhets, challenges the prevailing notion that the 1967 Outer Space Treaty (OST) prohibits all commercial space mining endeavors.
Through a meticulous legal and policy analysis of Articles 1 and 2, 1967 OST, Dr. Sam argues that in its focus on peaceful uses of outer space, the 1967 OST does not prohibit the commercial taking of minerals lodged in celestial bodies. Rather, the OST prohibits any exclusive sovereign territorial claims over those celestial bodies themselves.
Further, Dr. Sam contends that Title IV of the U.S. 2015 Commercial Space Launch Competitiveness Act (CSLCA) provides the proper legal framework for commercial space mining activities because it provides the most persuasive interpretation of the 1967 OST.
The Magnificent Handbook of Space Mining Law thus dismantles the myth of a celestial "no man's land." It emphasizes that the celestial bodies themselves, distinct from the natural resources that reside in them, are not subject to sovereign territorial claims.
Using legal-historical analysis, the author demonstrates that, subject to other international regulations governing resource appropriation in shared spaces, the riches of outer space are fair game for responsible and sustainable commercial ventures.
State and private space investors, stakeholders, or national agencies can locate, characterize, capture, process, concentrate, and transport these resources to points of use in-situ or on planet Earth.
The Magnificent Handbook of Space Mining Law offers a comprehensive roadmap for navigating the legal landscape of commercial space mining, addressing critical issues like: Reconciling the dueling legal perspectives of the 1967 OST with regards to commercial space mining initiatives; Interpreting and applying Title IV of the U.S. 2015 CSLCA Space; Ecological / Environmental considerations for commercial space mining; Property rights over asteroid or space minerals when extracted from their natural loci; Integration of principles of collaboration, cooperation, and coordination, with self-interested egoism of states in commercial space mining.
By demystifying space mining law and addressing the investor's need for legal certainty and predictability, The Magnificent Handbook of Space Mining Law paves the way for a future where the celestial bounty can be harnessed for private and commercial benefits, ultimately benefiting all of humanity.
This book is an essential resource for lawyers, legal academia, space entrepreneurs, policymakers, and anyone fascinated by the legal and economic implications of the inevitable allure of commercial space mining.