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  1. Jami L. Anderson (1999). Annulment Retributivism: A Hegelian Theory of Punishment. Cambridge University Press 5 (4):363-388.
    Despite the bad press that retributivism often receives, the basic assumptions on which this theory of punishment rests are generally regarded as being attractive and compelling. First of these is the assumption that persons are morally responsible agents and that social practices, such as criminal punishment, must acknowledge that fact. Additionally, retributivism is committed to the claim that punishment must be proportionate to the crime, and not determined by such utilitarian concerns as the welfare of society, or the hope of (...)
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  2. Dennis J. Baker (2008). The Harm Principle Vs. Kantian Criteria for Ensuring Fair, Principled and Just Criminalisation. Australian Journal of Legal Philosophy 33 (66):66-99.
    In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...)
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  3. Floris Bex (2011). Arguments, Stories and Criminal Evidence: A Formal Hybrid Theory. Springer.
    In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and (...)
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  4. Andrew Botterell (2013). Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW] University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  5. Andrew Botterell (2012). Understanding the Voluntary Act Principle. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing
    In broad outline, the chapter proceeds as follows. As indicated above, the Voluntary Act Principle has two components. The first part, the act component, claims that criminal liability can be imposed on an accused only for the performance of an act. The second part, the voluntariness component, claims that criminal liability can be imposed on an accused only for the voluntary performance of an act. I will argue that both components of the Voluntary Act Principle are in need of amendment. (...)
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  6. Karin Boxer (2014). Hart's Senses of 'Responsibility'. In C. G. Pulman (ed.), Hart on Responsibility.
  7. David Brax & Christian Munthe (2013). Part I: Introduction to the Philosophy of Hate Crime. In The Philosophy of Hate Crime Anthology. University of Gothenburg
  8. David Brax & Christian Munthe (2013). The Philosophy of Hate Crime Anthology. University of Gothenburg.
    Introductory anthology to the philosophy of hate crime, written in the EU project "When Law and Hate Collide".
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  9. John Danaher (forthcoming). Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised? Criminal Law and Philosophy:1-25.
    Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The argument (...)
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  10. John Danaher (2015). The Comparative Advantages of Brain-Based Lie Detection: The P300 Concealed Information Test and Pre-Trial Bargaining. International Journal of Evidence and Proof 19 (1).
    The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should not be so suspicious (...)
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  11. John Danaher (2013). Kramer's Purgative Rationale for Capital Punishment: A Critique. Criminal Law and Philosophy (2):1-20.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  12. Jovana Davidovic (2015). Finding Space for Criminal Prosecutions Post‐Conflict. Journal of Applied Philosophy 32 (1):n/a-n/a.
    Post-conflict criminal prosecutions for the worst of crimes can play a meaningful role in achieving transitional justice. This once-common view has recently been the subject of widespread criticism that is rooted in the belief that criminal prosecutions undermine reconciliation. This has lead some scholars to argue that we must either abandon criminal prosecutions post-conflict or that we ought to use them for more general transitional justice aims, like restorative justice. This article argues against abandoning criminal prosecutions post conflict and against (...)
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  13. Joseph S. Fulda, Restoring Integrity to the Academy: Some Sweeping Suggestions for Wholesale Change.
    Note that this paper is 35 pages, and had been replaced in many places w/ a draft w/o authorization. -/- The academy, broadly construed to include faculty, administrators at all levels, and editors, referees, and publishers of academic work, is beset by more ills bespeaking of a fundamental lack of integrity than can possibly be enumerated in a single monograph; nevertheless, as the need is urgent, and everyone seems to prefer either silence or piecemeal treatments, myself heretofore included, five ills (...)
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  14. Joseph S. Fulda (2013). The Limits of Consent. Sexuality and Culture 17 (4):659-665.
    This journal has frequently taken the position that /consent/, or at least /informed consent/, is all that from a secular viewpoint is necessary for an activity to be ethical. We argue to the contrary, that /consent/ is and /only/ is a /political/ criterion for determining /criminality/—even for a libertarian. Consensual behavior can be /unethical/—although it should not be criminalized—if the consent will never be truly revocable in the future of if such revocability is severely compromised. We give three examples, one (...)
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  15. Joseph S. Fulda (2012). Google Books and Other Internet Mischief. Journal of Information Ethics 21 (2):104-109.
    This article argues for substantial ex–post criminal penalties against purveyors of stolen intellectual property, in lieu of current legislation winding its way through both chambers of the United States Congress. Inter alia, it discusses why such a drastic remedy has proven necessary and what other measures the Congress should consider adopting. It concludes with a sobering discussion of Internet mischief more generally. -/- Note: This is in marked contrast to views expressed in 1999 when civil justice would have sufficed, and (...)
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  16. Ori J. Herstein (forthcoming). Responsibility in Negligence: Discussion of 'From Normativity to Responsibility'. Jerusalem Review of Legal Studies.
    This essay explains, expands, develops, and reflects on the Razian theory of responsibility and identity, focusing primarily on responsibility for negligent actions. I begin with setting the stage for understanding the importance of Joseph Raz’s theory and what motivates it. Next, the essay lays out the theory itself, and offers some elaboration on some of the less developed features of the theory. The essay closes with two critical reflections.
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  17. Adam Omar Hosein (2014). Doing, Allowing, and the State. Law and Philosophy 33 (2):235-264.
    The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, Vermeule (...)
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  18. Adam Kolber (2012). Criminalizing Cognitive Enhancement at the Blackjack Table. In Memory and Law.
    Blackjack players who “count cards” keep track of cards that have already been played and use this knowledge to turn the probability of winning in their favor. Though casinos try to eject card counters or otherwise make their task more difficult, card counting is perfectly legal. So long as card counters rely on their own memory and computational skills, they have violated no laws and can make sizable profits. By contrast, if players use a “device” to help them count cards, (...)
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  19. Holly Lawford-Smith (2010). Crime and Culpability: A Theory of Criminal Law (by Larry Alexander Et Al.). [REVIEW] Australian Journal of Legal Philosophy 35:152-158.
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  20. Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  21. Matthew Lister (2009). Criminal Law Conversations: "Desert: Empirical, Not Metaphysical" and "Contractualism and the Sharing of Wrongs". In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  22. Thomas Nadelhoffer, Stephanos Bibas, Scott Grafton, Kent Kiehl, Andrew Mansfield, Walter Sinnott-Armstrong & Michael Gazzaniga (2012). Neuroprediction, Violence, and the Law: Setting the Stage. [REVIEW] Neuroethics 5 (1):67-99.
    In this paper, our goal is to (a) survey some of the legal contexts within which violence risk assessment already plays a prominent role, (b) explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and (c) discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In Violence Risk Assessment and the Law , we briefly examine the (...)
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  23. D. Sank & D. Caplan (eds.) (1991). To Be a Victim. Plenum.
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  24. Andrew Sepielli (2013). The Law's 'Majestic Equality'. Law and Philosophy 32 (6):673-700.
  25. Katrina Sifferd (2008). Nanotechology and the Attribution of Responsibility. Nanotechnology, Law and Business 5 (2):177.
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  26. Katrina L. Sifferd (2014). What Does It Mean to Be a Mechanism? Stephen Morse, Non-Reductivism, and Mental Causation. Criminal Law and Philosophy:1-17.
    Stephen Morse seems to have adopted a controversial position regarding the mindbody relationship: John Searle’s non-reductivism, which claims that conscious mental states are causal yet not reducible to their underlying brain states. Searle’s position has been roundly criticized, with some arguing the theory taken as a whole is incoherent. In this paper I review these criticisms and add my own, concluding that Searle’s position is indeed contradictory, both internally and with regard to Morse's other views. Thus I argue that Morse (...)
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  27. Lawrence Solan (2006). Where Does Blaming Come From? Brooklyn Law Review 71:939.
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  28. François Tanguay-Renaud (2013). Criminalizing the State. Criminal Law and Philosophy 7 (2):255-284.
    In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...)
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  29. François Tanguay-Renaud (2010). The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and Legality. Legal Theory 16 (3):161-189.
    Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
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  30. François Tanguay-Renaud (2010). Understanding Criminal Law Through the Lens of Reason. Res Publica 16 (1):89-98.
    This is a review essay of Gardner, John. 2007, Offences and Defences: Selected Essays in the Philosophy of Criminal Law, Oxford: Oxford University Press, 288 pp.
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  31. A. M. Viens (2007). Criminal Law in the Regulation of Somatic Cell Nuclear Transfer. American Journal of Bioethics 7 (2):73-5.
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  32. A. M. Viens, John Coggon & Anthony Kessel (eds.) (2013). Criminal Law, Philosophy and Public Health Practice. Cambridge University Press.
    The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. However, criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the interface between criminal (...)
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  33. Frieder Vogelmann (2014). The Circle of Criminal Responsibility. Juridicism in Klaus Günther’s Discourse Theory of Law. Archiv für Rechts- Und Sozialphilosophie 100 (4):413-428.
    Klaus Günther’s discourse theory of law links the concept of criminal responsibility with the legitimacy of democratic law. Because attributions of criminal responsibility are always aimed at a person, they contain an implicit conception of the person. In a democracy under the rule of law, Günther argues, this conception of a person must be understood, as a “deliberative person”, a free and autonomous person capable of being both the addressee and the author of legal norms. The “deliberative person” is the (...)
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  34. Roger Wertheimer (1991). Preferring Punishment of Criminals Over Provisions for Victims. In D. Sank & D. Caplan (eds.), To Be a Victim. Plenum
    Victims of crime have long been victimized by our criminal justice system. Why? And why has the movement to rectify this been so late coming?
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  35. Roger Wertheimer (1982). Regulating Police Use of Deadly Force. In N. Bowie & F. Elliston (eds.), Ethics, Public Policy and Criminal Justice. Oelgeschalger, Gunn & Hain 93--109.
    What should be a police department's policies and regulations on the use of deadly force? What is the relevance for this of the state law on capital punishment?
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  36. Bill Wringe (2015). Perp Walks as Punishment. Ethical Theory and Moral Practice 18 (3):615-629.
    When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...)
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  37. Gideon Yaffe (2014). Hart's Choices. In C. G. Pulman (ed.), Hart on Responsibility.
  38. Radosław Zyzik (2013). Dowody Neuronaukowe W Polskim Prawie Dowodowym (Neuroscientific Evidence in the Polish Law of Evidence). Forum Prawnicze 2 (16):23-34.
    W artykule analizowane są normatywne kryteria dopuszczalności dowodów naukowych w polskim systemie prawnym, ze szczególnym uwzględnieniem dowodów neuronaukowych. W pierwszej kolejności zostaną przedstawione metody neuroobrazowania mózgu ze wskazaniem rodzaju spraw, w których zostały one wykorzystane. W drugiej kolejności omówione zostaną kryteria dopuszczalności dowodów naukowych w polskim i amerykańskim systemie prawnym. Następnie zidentyfikowanych zostanie szereg zagrożeń, których źródłem może być niezrozumienie natury i niewłaściwe posługiwanie się dowodami neuronaukowymi. Ostatnia część pracy zawiera szereg sugestii o charakterze normatywnym i pozanormatywnym, mających na celu (...)
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