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  1. Adam Kolber (2012). Unintentional Punishment. Legal Theory 18 (1):1-29.
    Criminal law theorists overwhelmingly agree that for some conduct to constitute punishment, it must be imposed intentionally. Some retributivists have argued that because punishment consists only of intentional inflictions, theories of punishment can ignore the merely foreseen hardships of prison, such as the mental and emotional distress inmates experience. Though such distress is foreseen, it is not intended, and so it is technically not punishment. In this essay, I explain why theories of punishment must pay close attention to the unintentional (...)
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  2. Adam J. Kolber (2009). The Comparative Nature of Punishment. Boston University Law Review 89 (5):1565-1608.
    In tort and contract law, we calculate the harm a defendant caused a plaintiff by examining the plaintiff’s condition after an injury relative to his baseline condition. When we consider the severity of prison sentences, however, we usually ignore offenders’ baseline conditions. We deem inmates as receiving equal punishments when they are incarcerated for the same period of time under the same conditions, even though incarceration does not change their situations equally (unless they started out in identical circumstances). It is (...)
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  3. Robert C. Robinson (2010). The Role of Causation in Decision of Tort Law. Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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  4. Re'em Segev (2010). Is the Criminal Law (So) Special? Comments on Douglas Husak’s Theory of Criminalization. Jerusalem Review of Legal Studies 1 (1):3-20.
    This is Re'em Segev's contribution to the symposium on Douglas Husak's book "Overcriminalization.".
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