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Forthcoming articles
  1. Sharon Cowan (forthcoming). Motivating Questions and Partial Answers: A Response to Prosecuting Domestic Violence by Michelle Madden Dempsey. [REVIEW] Criminal Law and Philosophy:1-13.
    Michelle Madden Dempsey’s compelling book sets out a normative feminist argument as to why and when prosecutors should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution. This paper will explore two of the key aspects of her argument—the centrality and definition of the concept of patriarchy, and the definition of domestic violence—before concluding with some final thoughts as to the appropriate parameters of feminist prosecutorial decision-making. (...)
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  2. Daniel M. Farrell (forthcoming). Using Wrongdoers Rightly: Tadros on the Justification of General Deterrence. [REVIEW] Criminal Law and Philosophy:1-20.
    Some philosophers believe that punishing convicted criminals in order to deter other, potential criminals would be morally questionable even if we had good evidence that doing so would achieve its goal, at least to a substantial degree. And they believe this because they believe that doing so would be an instance of “using” convicted criminals in a morally objectionable way. Tadros aims to show that we would indeed be “using” convicted criminals in such cases but that, while “using” others is (...)
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  3. Nathan Hanna (forthcoming). Facing the Consequences. Criminal Law and Philosophy:1-16.
    According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.
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  4. Kit Kinports (forthcoming). Feminist Prosecutors and Patriarchal States. Criminal Law and Philosophy:1-14.
    In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s community and state less patriarchal (...)
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  5. Neil Levy (forthcoming). Luck and Agent-Causation: A Response to Franklin. Criminal Law and Philosophy:1-6.
    Christopher Franklin argues that the hard luck view, which I have recently defended, is misnamed: the arguments turn on absence of control and not on luck. He also argues that my objections to agent-causal libertarianism depend on a demand, for a contrastive explanation that guarantees the choice the agent makes, which would be question-begging in the dialectical context. In response to the first objection, I argue that though Franklin may be right that it is absence of control that matters to (...)
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  6. Matthew Lister (forthcoming). Review of Corvino and Gallagher, Debating Same-Sex Marriage. [REVIEW] Criminal Law and Philosophy.
    With the recent U.S. Supreme Court cases finding the Defense of Marriage Act unconstitutional and removing impediments to same-sex marriage in California,as well as a number of recent successes in special elections and with legislators inthe U.S. and other countries, we might wonder whether there is still need for a book debating same-sex marriage. Is not the tide of history inevitably movingtowards marriage equality? While that position seems tempting, it is too quick.
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  7. Alice MacLachlan (forthcoming). Political Reconciliation and Political Health. Criminal Law and Philosophy:1-10.
    In A Moral Theory of Political Reconilication, Colleen Murphy brings much-needed clarity to debates over political reconciliation by setting out plausible desiderata for a satisfactory theory. She responds to these desiderata by introducing three normative frameworks which, taken together, measure reconciliation: the rule of law, trust and trust responsiveness, and support for political capabilities. In my remarks, I raise two concerns about the relationships among these normative frameworks, and the extent to which they are emblematic of political reconciliation, specifically, rather (...)
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  8. Hamish Stewart (forthcoming). Criminal Punishment as Private Morality: Victor Tadros's The Ends of Harm. [REVIEW] Criminal Law and Philosophy:1-15.
  9. Matthew Talbert (forthcoming). Symmetry, Rational Abilities, and the Ought-Implies-Can Principle. Criminal Law and Philosophy:1-14.
    In Making Sense of Free Will and Moral Responsibility Dana Nelkin defends the “rational abilities view.” According to this view, agents are responsible for their behavior if and only if they act with the ability to recognize and act for good reasons. It follows that agents who act well are open to praise regardless of whether they could have acted differently, but agents who act badly are open to blame only if they could have acted on the moral reasons that (...)
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  10. Patrick Tomlin (forthcoming). Could the Presumption of Innocence Protect the Guilty? Criminal Law and Philosophy:1-17.
    At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas of the (...)
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  11. Nicole A. Vincent (forthcoming). A Compatibilist Theory of Legal Responsibility. Criminal Law and Philosophy:1-22.
    Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...)
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  12. David M. Adams (forthcoming). Belief and Death: Capital Punishment and the Competence-for-Execution Requirement. Criminal Law and Philosophy:1-14.
    A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution (CFE)—holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...)
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  13. Andrew Cornford (forthcoming). Mitigating Murder. Criminal Law and Philosophy:1-14.
    In Loss of Control and Diminished Responsibility, Alan Reed and Michael Bohlander collect a wide range of essays on the eponymous partial defences to murder. These essays provide detailed analysis of recent English reforms in this area and place these reforms in comparative perspective. This review considers the contribution made by this book to the explanation and evaluation of partial defences. It concentrates in particular on the exculpatory force of loss of control; the distinctness of loss of control from diminished (...)
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  14. S. Armstrong (forthcoming). Philosophy as Capacity. Criminal Law and Philosophy.
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  15. S. Armstrong (forthcoming). Review Of: R. Lippke's, The Ethics of Plea Bargaining. [REVIEW] Criminal Law and Philosophy.
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  16. Shima Baradaran (forthcoming). The Presumption of Punishment. Criminal Law and Philosophy:1-16.
    The presumption of innocence undergirds the American criminal justice system. It is so fundamental that it is derived from the concepts of due process and the importance of a fair trial. An informed, historical understanding of the interaction between the presumption of innocence and key tenets of due process can help clarify the meaning and application of the presumption of innocence in the modern day. Due process, as developed throughout English and US. Colonial history leading up to the formation of (...)
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  17. Peter Brian Barry (forthcoming). Capital Punishment as a Response to Evil. Criminal Law and Philosophy:1-20.
    Some jurisdictions acknowledge, as a matter of positive law, the relevance of evil to capital punishment. At one point, the state of Florida counted that the fact that a murderer’s crime was “especially wicked, evil, atrocious or cruel” as an aggravating factor for purposes of capital sentencing. I submit that Florida may be onto something. I consider a thesis about capital punishment that strikes me as plausible on its face: if capital punishment is ever morally permissible, it is permissible as (...)
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  18. Liz Campbell, James Chalmers & Antony Duff (forthcoming). Preface: The Presumption of Innocence. Criminal Law and Philosophy:1-2.
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  19. Sherman J. Clark (forthcoming). The Juror, the Citizen, and the Human Being: The Presumption of Innocence and the Burden of Judgment. [REVIEW] Criminal Law and Philosophy:1-9.
    In this essay, I suggest that the criminal trial is not only about the guilt or innocence of the defendant, but also about the character and growth of the jurors and the communities they represent. In earlier work, I have considered the potential impact of law and politics on the character of citizens, and thus on the capacity of citizens to thrive—to live full and rich human lives. Regarding the jury, I have argued that aspects of criminal trial procedure work (...)
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  20. David Cole (forthcoming). The Difference Prevention Makes: Regulating Preventive Justice. Criminal Law and Philosophy:1-19.
    Since the terrorist attacks of September 11, 2001, the United States and many other countries have adopted a “paradigm of prevention,” employing a range of measures in an attempt to prevent future terrorist attacks. This includes the use of pretextual charges for preventive detention, the expansion of criminal liability to prohibit conduct that precedes terrorism, and expansion of surveillance at home and abroad. Politicians and government officials often speak of prevention as if it is an unqualified good. Everyone wants to (...)
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  21. Alfonso Donoso (forthcoming). Commentaries on Criminal Law Conversations. Criminal Law and Philosophy:1-13.
    One of the first things striking readers of Criminal Law Conversations is its unusual methodology. The editors of this volume have put together 31 conversations around as many cutting edge and influential articles. This article considers critically some discussions representative of each of the book’s three parts: Principles, Doctrine, Administration and provide a glimpse of the richness and variety of Criminal Law Conversations.
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  22. Shachar Eldar (forthcoming). Indirect Co-Perpetration. Criminal Law and Philosophy:1-13.
    National and international criminal law systems are continually seeking doctrinal and theoretical frameworks to help them impose individual liability on collective perpetrators of crime. The two systems move in parallel and draw on each other. Historically, it has been mostly international criminal law that leaned on domestic legal systems for its collective modes of liability. Currently, however, it is the emerging jurisprudence of the International Criminal Court that is at the forefront of innovation, with the doctrine of indirect co-perpetration taking (...)
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  23. Stephen P. Garvey (forthcoming). Canadian Scholars on Criminal Responsibility. Criminal Law and Philosophy:1-14.
    This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.
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  24. Gerald Gaus (forthcoming). On Being Inside Social Morality and Seeing It. Criminal Law and Philosophy:1-13.
    Eric Mack’s “Inside Public Reason” is thorough and fair-minded review of The Order of Public Reason. My deep thanks to him for his insights, as well as his judiciousness. In these remarks I cannot take up all the important matters he raises; in particular I put aside two important issues—the analysis of the political and discussion of how contingent social processes play a fundamental role in public justification (Fred D’Agostino focuses on this second feature of The Order of Public Reason (...)
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  25. Thomas Giddens (forthcoming). Criminal Responsibility and the Living Self. Criminal Law and Philosophy:1-18.
    Behaviour, including criminal behaviour, takes place in lived contexts of embodied action and experience. The way in which abstract models of selfhood efface the individual as a unique, living being is a central aspect of the ‘ethical-other’ debate; if an individual is modelled as abstracted from this ‘living’ context, that individual cannot be properly or meaningfully linked with his or her behaviour, and thus cannot justly be understood as responsible. The dominant rational choice models of criminal identity in legal theory (...)
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  26. Hock Lai Ho (forthcoming). The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence. Criminal Law and Philosophy:1-23.
    If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule (...)
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  27. Cindy Holder (forthcoming). Transition, Trust and Partial Legality: On Colleen Murphy's A Moral Theory of Political Reconciliation. Criminal Law and Philosophy:1-12.
    In A Moral Theory of Political Reconciliation Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. However, Murphy’s framework is well-suited to take up these questions, once they are acknowledged, and this is an important strength of (...)
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  28. Jules Holroyd (forthcoming). Mark D. White (Ed): Retributivism: Essays on Theory and Policy. [REVIEW] Criminal Law and Philosophy:1-12.
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  29. Tatjana Hörnle (forthcoming). Theories of Criminalization. Criminal Law and Philosophy:1-14.
    In this article, I comment on Simester and von Hirsch’s theory of criminalization and discuss general principles of criminalization. After some brief comments on punishment theories and the role of moral wrongdoing, I examine main lines of contemporary criminalization theories which tend to focus on the issues of harm, offense, paternalism and side-constraints. One of the points of disagreement with Simester and von Hirsch concerns the role of the harm principle. I rely on a straightforward normative concept of “rights of (...)
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  30. Douglas Husak (forthcoming). Social Engineering as an Infringement of the Presumption of Innocence: The Case of Corporate Criminality. [REVIEW] Criminal Law and Philosophy:1-17.
    I examine how deferred-prosecution agreements employed against suspected corporate criminality amount to a form of social engineering that infringes the presumption. I begin with a broad understanding of the presumption itself. Then I offer a brief description of how these agreements function. Finally I address some of the normative issues that must be confronted if legal philosophers who hold retributivist views on punishment and sentencing hope to assess this device. My judgment tends to be favorable. More importantly, I caution against (...)
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  31. Tracy Isaacs (forthcoming). International Criminal Courts and Political Reconciliation. Criminal Law and Philosophy:1-10.
    In A Moral Theory of Political Reconciliation, Colleen Murphy devotes a full chapter to arguing that international criminal trials make significant contributions to political reconciliation within post-conflict and transitional societies. While she is right to claim that these trials serve an important function, I take issue with her with respect to what that important function is. Whereas Murphy focuses on the contributions international criminal prosecutions might make to political reconciliation within the borders of transitional societies, I claim instead that their (...)
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  32. John Kleinig (forthcoming). The Paternalistic Principle. Criminal Law and Philosophy:1-13.
    In this paper, I critique one aspect of Simester and von Hirsch’s, Crimes, Harms, and Wrongs—their recognition of harm and offence principles, but failure to construct a paternalistic principle, despite their willingness to countenance some small measure of criminal paternalism. Construction of such a principle would have clarified the problems of as well as the limits to criminalising paternalism.
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  33. Joanna Kyriakakis (forthcoming). Rene Provost and Payam Akhavan: Confronting Genocide. Criminal Law and Philosophy:1-8.
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  34. Ambrose Y. K. Lee (forthcoming). Public Wrongs and the Criminal Law. Criminal Law and Philosophy:1-16.
    This paper is about how best to understand the notion of ‘public wrongs’ in the longstanding idea that crimes are public wrongs. By contrasting criminal law with the civil laws of torts and contracts, it argues that ‘public wrongs’ should not be understood merely as wrongs that properly concern the public, but more specifically as those which the state, as the public, ought to punish. It then briefly considers the implications that this has on criminalization.
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  35. Youngjae Lee (forthcoming). What is Philosophy of Criminal Law? Criminal Law and Philosophy:1-15.
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  36. Neil Levy (forthcoming). Zimmerman's The Immorality of Punishment: A Critical Essay. [REVIEW] Criminal Law and Philosophy:1-10.
    In “The Immorality of Punishment”, Michael Zimmerman attempts to show that punishment is morally unjustified and therefore wrong. In this response, I focus on two main questions. First, I examine whether Zimmerman’s empirical claims—concerning our inability to identify wrongdoers who satisfy conditions on blameworthiness and who might be reformed through punishment, and the comparative efficacy of punitive and non-punitive responses to crime—stand up to scrutiny. Second, I argue that his crucial argument from luck depends on claims about counterfactuals that ought (...)
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  37. Kasper Lippert-Rasmussen (forthcoming). 'To Serve and Protect': The Ends of Harm by Victor Tadros. [REVIEW] Criminal Law and Philosophy:1-23.
    In The Ends of Harm Victor Tadros develops an alternative to consequentialist, and non-consequentialist retributivist, accounts of the justifiability of punishment: the duty view. Crucial to this view is the claim that wrongdoers incur an enforceable duty to remedy their wrongs. They cannot undo them, but they can do something that is almost as good—namely, by submitting to appropriate punishment, which will deter potential wrongdoers in the future, reduce their victim’s risk of suffering similar wrongs again. Admittedly, this involves harming (...)
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  38. Richard L. Lippke (forthcoming). The Prosecutor and the Presumption of Innocence. Criminal Law and Philosophy:1-16.
    In what ways is the conduct of prosecutors constrained by the presumption of innocence? To address this question, I first develop an account of the presumption in the trial context, according to which it is a vital element in a moral assurance procedure for the justified infliction of legal punishment. Jurors must presume the factual innocence of defendants at the outset of trials and then be convinced beyond a reasonable doubt by the government’s evidence before they convict defendants. Prosecutors’ responsibilities (...)
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  39. Arlie Loughnan (forthcoming). The Limits of Criminal Law: A Comparative Analysis of Approaches to Legal Theorizing by Carl Constantin Lauterwein. [REVIEW] Criminal Law and Philosophy:1-5.
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  40. Catherine Lu (forthcoming). Richard Vernon: Cosmopolitan Regard: Political Membership and Global Justice. [REVIEW] Criminal Law and Philosophy:1-5.
  41. Stuart Macdonald (forthcoming). The Role of the Courts in Imposing Terrorism Prevention and Investigation Measures: Normative Duality and Legal Realism. [REVIEW] Criminal Law and Philosophy:1-19.
    This article argues that the courts, not the Home Secretary, should be empowered to issue Terrorism Prevention and Investigation Measures (TPIMs). It explains that at the heart of the debate are three questions: whether measures like TPIMs should be viewed primarily from the perspective of security or liberty; how we should conceive the executive and the courts; and the empirical question of how these two arms of government answer these questions. The non-mechanistic nature of legal reasoning means that legal reasons (...)
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  42. Seumas Miller (forthcoming). Mark Osiel: The End of Reciprocity: Terror, Torture and the Law of War. [REVIEW] Criminal Law and Philosophy:1-11.
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  43. Michael S. Moore (forthcoming). Stephen Morse on the Fundamental Psycho-Legal Error. Criminal Law and Philosophy:1-45.
    Stephen Morse has long proclaimed there to be a “fundamental psycho-legal error” (FPLE) that is regularly made by legal and social/psychological/medical science academics alike. This is the error of thinking that causation of human choice by factors themselves outside the chooser’s control excuses that chooser from moral responsibility. In this paper, I examine Morse’s self-labelled “internalist” defense of his thesis that this is indeed an error, and finds such internalist defense incomplete; needed is the kind of externalist defense of Morse’s (...)
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  44. Michael S. Moore (forthcoming). The Quest for a Responsible Responsibility Test: Norwegian Insanity Law After Breivik. Criminal Law and Philosophy:1-49.
    The Breivik case in Norway has motivated a reassessment of Norwegian insanity law by the Norwegian government. Because Norway since 2002 has utilized a “medical model” for legal insanity—a model according to which the legal excuse of insanity is identified with some medical concept such as psychosis—the Norwegian reexamination of its law is not without interest throughout the world. In this paper, I utilize the Anglo-American experience with different medical models for insanity to assess the current Norwegian law on insanity. (...)
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  45. Colleen Murphy (forthcoming). Reply to Critics. Criminal Law and Philosophy:1-13.
    One of the central moral challenges facing numerous political communities today is political reconciliation. In the aftermath of repression, conflict, and injustice, communities confront the task of repairing damaged relationships among citizens and between citizens and officials. In A Moral Theory of Political Reconciliation, I develop a theory of what this process entails and of its moral significance. My central claim is that political relationships are damaged when and to the extent that they fail to express reciprocity and respect for (...)
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  46. Hadassa Noorda (forthcoming). Preventive Deprivations of Liberty: Asset Freezes and Travel Bans. Criminal Law and Philosophy:1-15.
    This article examines preventive constraints on suspected terrorists that can lead to restrictions on liberty similar to imprisonment and disrespect the target’s autonomy. In particular, it focuses on two examples: travel bans and asset freezes. It seeks to develop guidelines for setting appropriate limits on their future use. Preventive constraints do not generate legal protections as constraints in response to conduct do. In addition, these constraints are often seen as a permissible alternative to imprisonment. Still, preventive de facto detentions, or (...)
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  47. Alan Norrie (forthcoming). Ethics and History: Can Critical Lawyers Talk of Good and Evil? [REVIEW] Criminal Law and Philosophy:1-14.
    This essay explores what we might mean by good and evil, and argues that these terms remain salient for a critical, socio-historical, understanding of criminal law. It draws upon a meta-ethics of freedom and solidarity to explain what good means in recent mercy killing cases in England and Wales, and what evil means in Arendt’s phrase, the ‘banality of evil’.
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  48. Jens David Ohlin (forthcoming). The One or the Many. Criminal Law and Philosophy:1-15.
    The following Review Essay, inspired by Tracy Isaacs’ new book, Moral Responsibility in Collective Contexts, connects the philosophical literature on group agency with recent trends in international criminal law. Part I of the Essay sketches out the relevant philosophical positions, including collectivist and individualist accounts of group agency. Particular attention is paid to Kornhauser and Sager’s development of the doctrinal paradox, Philip Pettit’s deployment of the paradox towards a general argument for group rationality, and Michael Bratman’s account of shared or (...)
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  49. Michael Plaxton (forthcoming). Nussbaum on Sexual Instrumentalization. Criminal Law and Philosophy:1-16.
    In “The Wrongness of Rape”, Gardner and Shute argued that the English offence of rape primarily targets the wrong of objectification. They tie objectification closely to instrumentalization—to the “conversion of subjects into instruments or tools”. In doing so, they explicitly purport to follow Nussbaum’s understanding of what is morally problematic about objectification. In this paper, I want to explore more closely just what Nussbaum understands by instrumentalization, focusing in particular upon the meaning and role of mutuality in her analysis. Doing (...)
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  50. Amit Pundik (forthcoming). Should Criminals Be Convicted of Unspecific Offences? On Efficiency, Condemnation, and Cognitive Psychology. Criminal Law and Philosophy:1-18.
    Assume that a person who is suspected of either murdering X or raping Y credibly and voluntarily confesses to have committed ‘a terrible crime’ but immediately after this utterance decides to remain silent. The remaining available evidence cannot prove beyond reasonable doubt the exact offence which he committed. Should such an accused be acquitted of both offences and evade the law or should a way be found to allow a conviction, although no specific offence can be proven beyond reasonable doubt? (...)
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  51. Paul Roberts (forthcoming). Loss of Innocence in Common Law Presumptions. Criminal Law and Philosophy:1-20.
    This review article of Stumer (The presumption of innocence: evidential and human rights perspectives. Hart Publishing, Oxford, 2010) explores the concept, normative foundations and institutional implications of the presumption of innocence in English law. Through critical engagement with Stumer’s methodological assumptions and normative arguments, it highlights the narrowness of common lawyers’ traditional conceptions of the presumption of innocence. Picking up the threads of previous work, it also contributes to on-going debates about the legitimacy of reverse onus clauses and their compatibility (...)
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  52. Alexander Sarch (forthcoming). Two Objections to Yaffe on the Criminalization of Attempts. Criminal Law and Philosophy:1-19.
    In his recent book Attempts, Gideon Yaffe suggests that attempts should be criminalized because of a principle he dubs the “Transfer Principle.” This principle holds that if a particular form of conduct is legitimately criminalized, then the attempt to engage in that form of conduct is also legitimately criminalized. Although Yaffe provides a powerful defense of the Transfer Principle, in this paper I argue that Yaffe’s argument for it ultimately does not succeed. In particular, I formulate two objections to Yaffe’s (...)
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  53. Alessandro Spena (forthcoming). Iniuria Migrandi: Criminalization of Immigrants and the Basic Principles of the Criminal Law. [REVIEW] Criminal Law and Philosophy:1-23.
    In this paper I am specifically concerned with a normative assessment, from the perspective of a principled criminal law theory, of norms criminalizing illegal immigration. The overarching question I will dwell on is one specifically regarding the way of using criminal law which is implied in the enactment of such kinds of norms. My thesis will essentially be that it constitutes a veritable abuse of criminal law. In two senses at least: first, in the sense that by criminalizing illegal immigration (...)
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  54. Hamish Stewart (forthcoming). The Right to Be Presumed Innocent. Criminal Law and Philosophy:1-14.
    The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...)
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  55. Carl-Friedrich Stuckenberg (forthcoming). Who is Presumed Innocent of What by Whom? Criminal Law and Philosophy:1-16.
    The article analyses the components of the presumption of innocence and tries to clarify some of the conceptual and logical difficulties surrounding the notion of ‘innocence’ and the structure of legal presumptions. It is argued that all conceivable literal interpretations of the maxim make little or no sense, and that the presumptions form is, as such, devoid of original content: presumptions do not explain nor justify anything but are auxiliary norms which refer to the legal consequences spelled out in other (...)
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  56. Steven Sverdlik (forthcoming). Punishment and Reform. Criminal Law and Philosophy:1-15.
    The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...)
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  57. Victor Tadros (forthcoming). The Ideal of the Presumption of Innocence. Criminal Law and Philosophy:1-19.
    This article clarifies and further defends the view that the right to be presumed innocent until proven guilty, protected by Article 6(2) of the European Convention of Human Rights has implications for the substantive law. It is shown that a ‘purely procedural’ conception of the presumption of innocence has absurd implications for the nature of the right. Objections to the moderate substantive view defended are considered, including the acceptability of male prohibits offences, the difficulty of ascertaining intentions of legislatures and (...)
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  58. Victor Tadros (forthcoming). Answers. Criminal Law and Philosophy:1-30.
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  59. Hannah Tierney (forthcoming). A Pilgrimage Through John Martin Fischer's Deep Control: Essays on Free Will and Value. Criminal Law and Philosophy:1-18.
    John Martin Fischer’s most recent collection of essays, Deep Control: Essays on Free Will and Value, is both incredibly wide-ranging and impressively detailed. Fischer manages to cover a staggering amount of ground in the free will debate, while also providing insightful and articulate analyses of many of the positions defended in the field. In this collection, Fischer focuses on the relationship between free will and moral responsibility. In the first section of his book, Fischer defends Frankfurt cases as an important (...)
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  60. Suzanne Uniacke (forthcoming). Punishment as Penalty. Criminal Law and Philosophy:1-11.
    The paper’s central focus is the ‘duty’ theory of punishment developed by Victor Tadros in The Ends of Harm. In evaluating the ‘duty’ theory we might ask two broad closely related questions: whether in its own terms the ‘duty’ theory provides a justification of the imposition of hard treatment or suffering on an offender; and whether the ‘duty’ theory can provide a justification of punishment. This paper is principally concerned with the second question, which stems from a significant difference between (...)
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  61. Shlomit Wallerstein (forthcoming). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy:1-18.
    By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to judge certain crimes. (...)
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  62. Leo Zaibert (forthcoming). Of Normal Human Sympathies and Clear Consciences: Comments on Hyman Gross's Crime and Punishment: A Concise Moral Critique. Criminal Law and Philosophy:1-18.
    Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales for punishment. (...)
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