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  1. added 2014-12-20
    Cecilia Tohaneanu (2010). Reading the Constitution: An Entanglement and Still Arguable Question. Romanian Review of Political Sciences and International Relations (1).
    Analyzing the constitutionality of a law is a process of constitutional interpretation which does not limit itself to comparing two texts in order to see whether they are concordant or not. The nature of constitutional interpretation is the subject of this article, a subject that is dealt with from the perspective of the dispute between originalism and non-originalism (interpretivism) prevalent within the contemporary philosophy of law, especially the American one. The article offers a synthetic view on some of the most (...)
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  2. added 2014-12-14
    Ester S. M. Leung (forthcoming). What Can a Bilingual Corpus Tell Us About the Translation and Interpretation of Rape Trials? International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-15.
    Since the enactment of the first Hong Kong bilingual ordinance in 1989, tremendous effort and resources have been put to translating English legal documents into Chinese. Long before the implementation of bilingual legislation, the provision of interpreting services has remained an entrenched practice in the courtrooms of Hong Kong. This study has adopted a corpora approach to re-examine what seems to be reasonable and routine practices of the bilingual, legal system, the impacts of bilingual legislation, translation, and interpretation on trial (...)
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  3. added 2014-12-14
    Mario G. Losano (2015). Kelsen's Theory on International Law During His Exile in Geneva. Ratio Juris 27 (4):n/a-n/a.
    Kelsen's monistic theory of international law was shaped during his exile in Geneva , but its deep roots are to be found in his Pure Theory of Law, centred on the neo-kantian notion of “system.” According to this conception, a legal system can only descend from a single principle. Consequently, Kelsen constructed a monistic theory of law, i.e., a legal system incorporating all norms into a pyramidal structure culminating in a single principle: the fundamental norm. This Kelsenian pyramid must also (...)
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  4. added 2014-12-13
    Jovana Davidovic (forthcoming). Finding Space for Criminal Prosecutions Post-Conflict. Journal of Applied Philosophy.
    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 widely criticized. The growing and sustained criticism is most often rooted in the belief that criminal prosecutions undermine reconciliation. This leads 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 paper argues against abandoning criminal prosecutions post (...)
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  5. added 2014-12-11
    Naima Chahboun (forthcoming). Nonideal Theory and Compliance—A Clarification. European Journal of Political Theory:1474885114559040.
    This paper examines the various ways in which nonideal theory responds to noncompliance with ideal principles of justice. Taking Rawls’ definition of nonideal theory as my point of departure, I propose an understanding of this concept as comprising two subparts: Complementary nonideal theory responds to deliberate and avoidable noncompliance and consists mainly of theories of civil disobedience, rebellion, and retribution. Substitutive nonideal theory responds to nondeliberate and unavoidable noncompliance and consists mainly of theories of transition and caretaking. I further argue (...)
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  6. added 2014-12-11
    Yossi Dahan, Hanna Lerner & Faina Milman‐Sivan (2014). Global Labor Rights as Duties of Justice. Journal of Social Philosophy 45 (4):438-462.
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  7. added 2014-12-10
    Marek Piechowiak (1992). W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice]. Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
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  8. added 2014-12-08
    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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  9. added 2014-12-07
    C. G. Pulman (2014). Voluntary Interventions. In , Hart on Responsibility. Palgrave Macmillan.
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  10. added 2014-12-07
    C. G. Pulman (2014). 'Introduction'. In , Hart on Responsibility. Palgrave Macmillan.
  11. added 2014-12-04
    Re’em Segev (forthcoming). Responsibility and Justificatory Defenses. Criminal Law and Philosophy:1-14.
    Criminal prohibitions typically forbid harming people. Justificatory defenses, such as lesser evil, justifying necessity and justifying self-defense, provide exceptions to such prohibitions if certain conditions are met. One common condition is that the agent is not responsible for the conflict. The questions whether justificatory defenses should include such a condition, and if so what should be its content, are controversial. I argue that responsibility for a conflict counts against protecting the responsible person at the expense of a non-responsible or a (...)
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  12. added 2014-12-03
    Jovana Davidovic (2013). International Criminal Court, the Trust Fund for Victims and Victim Participation. In Larry May Elizabeth Edenberg (ed.), Jus Post Bellum and Transitional Justice. Cambridge University Press. 217-243.
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  13. added 2014-11-27
    Alexander A. Guerrero (forthcoming). Appropriately Using People Merely as a Means. Criminal Law and Philosophy:1-18.
    There has been a great deal of philosophical discussion about using people, using people intentionally, using people as a means to some end, and using people merely as a means to some end. In this paper, I defend the following claim about using people: NOT ALWAYS WRONG: using people—even merely as a means—is not always morally objectionable. Having defended that claim, I suggest that the following claim is also correct: NO ONE FEATURE: when it is morally objectionable to use people (...)
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  14. added 2014-11-27
    Gerhard Øverland (forthcoming). Self-Defense and Giving Rise to Cost: On Innocent Bystanders, Threats, Obstructors, and Obstacles, and the Permissibility to Harm Them. Criminal Law and Philosophy:1-17.
    Philosophers have had trouble defending the common sense view that it is permissible to impose significant cost on an innocent person who is about to harm you to prevent the harm from occurring. In this paper, I argue that such harm can be justified if one pays attention to the moral significance of imposing a cost on others. The constraint against harming people who give rise to cost by their presence or movements is weaker than the constraint against harming bystanders. (...)
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  15. added 2014-11-27
    José Luis Martí (2014). Is Constitutional Rigidity the Problem? Democratic Legitimacy and the Last Word. Ratio Juris 27 (4):550-558.
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  16. added 2014-11-27
    Axel Gosseries (2014). The Intergenerational Case for Constitutional Rigidity. Ratio Juris 27 (4):528-539.
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  17. added 2014-11-27
    Sebastián Linares Lejarraga (2014). Constitutional Rigidity and the Default Rule. Ratio Juris 27 (4):540-549.
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  18. added 2014-11-27
    Roland Pierik & Wibren Van der Burg (2014). What Is Neutrality? Ratio Juris 27 (4):496-515.
    This paper reinvestigates the question of liberal neutrality. We contend that current liberal discussions have been dominated—if not hijacked—by one particular interpretation of what neutrality could imply: namely, exclusive neutrality, aiming to exclude religious and cultural expressions from the public sphere. We will argue that this is merely one among several relevant interpretations. To substantiate our claim, we will first elaborate upon inclusive neutrality by formulating two supplementary interpretations: proportional neutrality and compensatory neutrality. Second, we will argue that inclusive proportional (...)
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  19. added 2014-11-27
    Iñigo González Ricoy (2014). Participation, Deliberation, and Constitutional Rigidity. Ratio Juris 27 (4):521-527.
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  20. added 2014-11-27
    Torben Spaak (2014). Alf Ross on the Concept of a Legal Right. Ratio Juris 27 (4):461-476.
    In this article, I discuss Alf Ross's claim that the concept of a legal right is best understood as a technical tool of presentation, which ties together a disjunction of operative facts and a conjunction of legal consequences, and that rights statements render the content of a number of legal norms in a convenient manner. I argue that while Ross's analysis is appealing, it is problematic in at least three respects. I also argue, however, that despite these difficulties Ross's analysis (...)
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  21. added 2014-11-27
    Roberto Gargarella (2014). Three Brief Comments on Rigid Constitutions and the Republican Tradition. Ratio Juris 27 (4):516-520.
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  22. added 2014-11-22
    J. Finnis (forthcoming). What is the Philosophy of Law? American Journal of Jurisprudence.
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  23. added 2014-11-20
    Ralph Wedgwood (forthcoming). Two Grades of Non-Consequentialism. Criminal Law and Philosophy:1-20.
    In this paper, I explore how to accommodate non-consequentialist constraints with a broadly value-based conception of reasons for action. It turns out that there are two grades of non-consequentialist constraints. The first grade involves attaching ethical importance to such distinctions as the doing/allowing distinction, and the distinction between intended and unintended consequences that is central to the Doctrine of Double Effect. However, at least within the value-based framework, this first grade is insufficient to explain rights, which ground weighty reasons against (...)
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  24. added 2014-11-20
    Thomas E. Hill (forthcoming). Conscientious Conviction and Conscience. Criminal Law and Philosophy:1-16.
    In this paper, I examine critically Kimberley Brownlee’s descriptive criteria for identifying when a person has a conscientious moral conviction. Then, I contrast her conception of conscience with other ideas of conscience, including a religious conception, a relativist conception, and those of Butler and Kant. The concepts examined here are central in her argument that, if civil disobedience is grounded in citizens’ conscience-based conscientious convictions, then it deserves legal and moral protection.
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  25. added 2014-11-20
    C. Mantzavinos (2007). Interpreting the Rules of the Game. In Christoph Engel Firtz Strack (ed.), The Impact of Court Procedure on the Psychology of Judicial Decision-Making. Nomos.
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  26. added 2014-11-19
    Linda Radzik (forthcoming). Desert of What? On Murphy’s Reluctant Retributivism. Criminal Law and Philosophy:1-13.
    In Punishment and the Moral Emotions, Jeffrie Murphy rejects his earlier, strong endorsements of retributivism. Questioning both our motivations for embracing retributivism and our views about the basis of desert, he now describes himself as a “reluctant retributivist.” In this essay, I argue that Murphy should reject retributivism altogether. Even if we grant that criminals have negative desert, why should we suppose that it is desert of suffering? I argue that it is possible to defend desert-based theories of punishment that (...)
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  27. added 2014-11-19
    Kevin Vallier (forthcoming). On Jonathan Quong’s Sectarian Political Liberalism. Criminal Law and Philosophy:1-20.
    Jonathan Quong’s book, Liberalism without Perfection, provides an innovative new defense of political liberalism based on an “internal conception” of the goal of public justification. Quong argues that public justification need merely be addressed to persons who affirm liberal political values, allowing people to be coerced without a public justification if they reject liberal values or their priority over comprehensive values. But, by extensively restricting members of the justificatory public to a highly idealized constituency of liberals, Quong’s political liberalism becomes (...)
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  28. added 2014-11-19
    Matthew Noah Smith (2014). Officials and Subjects in Gardner’s Law as a Leap of Faith. Law and Philosophy 33 (6):795-811.
    In his collection of essays, Law as a Leap of Faith, John Gardner lucidly develops a powerful account of legal positivism, primarily via a careful interrogation of H. L. A. Hart’s work, with a particular focus on Hart’s most important text, The Concept of Law. In this essay, I raise a question regarding the significance of legal subjects’ understanding of themselves as legal subjects. I claim that as Gardner fills out the picture of what it takes to have an ideal (...)
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  29. added 2014-11-19
    John Gardner (2014). Law as a Leap of Faith as OTHERS See IT. Law and Philosophy 33 (6):813-842.
    This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.
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  30. added 2014-11-19
    Kevin Toh (2014). Four Neglected Prescriptions of Hartian Legal Philosophy. Law and Philosophy 33 (6):689-724.
    This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart's campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...)
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  31. added 2014-11-19
    Luís Duarte D’Almeida & James Edwards (2014). Some Claims About Law’s Claims. Law and Philosophy 33 (6):725-746.
    Our paper has three parts. In Part 1, we discuss John Gardner’s thesis that the non-elliptical ascription of agency to law is a necessary and irreducible part of any adequate explanation of the activities of legal officials. We consider three explananda which might conceivably necessitate this ascription, and conclude that none in fact does so. In Part 2, we discuss two other theses of Gardner’s: that it makes no sense to ascribe to law the claim that there are legal obligations (...)
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  32. added 2014-11-19
    Jacques Poulain, Hans Jörg Sandkühler & Fathi Triki (eds.) (2010). Justice, Droit Et Justification: Perspectives Transculturelles. P. Lang.
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  33. added 2014-11-18
    Jonathan Quong (forthcoming). Agent-Relative Prerogatives to Do Harm. Criminal Law and Philosophy:1-15.
    In this paper, I offer two arguments in support of the proposition that there are sometimes agent-relative prerogatives to impose harm on nonliable persons. The first argument begins with a famous case where most people intuitively agree it is permissible to perform an act that results in an innocent person’s death, and where there is no liability-based or consequentialist justification for acting. I show that this case is relevantly analogous to a case involving the intentional imposition of lethal defensive harm (...)
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  34. added 2014-11-18
    S. Matthew Liao (forthcoming). The Closeness Problem and the Doctrine of Double Effect: A Way Forward. Criminal Law and Philosophy:1-15.
    A major challenge to the Doctrine of Double Effect is the concern that an agent’s intention can be identified in such a fine-grained way as to eliminate an intention to harm from a putative example of an intended harm, and yet, the resulting case appears to be a case of impermissibility. This is the so-called “closeness problem.” Many people believe that one can address the closeness problem by adopting Warren Quinn’s version of the DDE, call it DDE*, which distinguishes between (...)
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  35. added 2014-11-17
    Candice Delmas (forthcoming). Disobedience, Civil and Otherwise. Criminal Law and Philosophy:1-17.
    While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience and Deliberative Democracy offers (...)
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  36. added 2014-11-17
    John Kleinig (forthcoming). Paternalism and Human Dignity. Criminal Law and Philosophy:1-18.
    This paper explores the possibility that some cases of criminal paternalism might include among their justifying reasons an appeal to human dignity.
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  37. added 2014-11-16
    Rae Langton (forthcoming). Hate Speech and the Epistemology of Justice. Criminal Law and Philosophy:1-9.
    In ‘The Harm in Hate Speech’ Waldron’s most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards public social recognition of what is owed to citizens as a public good, contributing to basic dignity and social standing of citizens. His claim that hate speech in the public social environment damages assurance of justice has wider implications, I argue: for hate (...)
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  38. added 2014-11-16
    Phillip Montague (forthcoming). Specification and Moral Rights. Law and Philosophy:1-16.
    In this paper, I offer objections to an approach to formulating principles referring to moral rights that has come to known as “specification.” These objections focus on rights-principles in their role as premises of inferences to conclusions regarding the moral rights of individuals in particular situations. I argue on practical grounds that specified principles have no useful role to play in such inferences, and on theoretical grounds that the specificationist position is self-defeating. This latter argument also suggests an interpretation of (...)
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  39. added 2014-11-16
    Ludwig Siep (ed.) (2014). Grundlinien der Philosophie des Rechts. De Gruyter.
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  40. added 2014-11-16
    Zhipeng He (2013). Guo Ji Fa Zhe Xue Dao Lun =. She Hui Ke Xue Wen Xian Chu Ban She.
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  41. added 2014-11-16
    Csaba Varga (2013). Contemporary Legal Philosophising: Schmitt, Kelsen, Lukács, Hart, & Law and Literature, with Marxism's Dark Legacy in Central Europe (on Teaching Legal Philosophy in Appendix). Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...)
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  42. added 2014-11-16
    Ming Li (2013). Zheng Ju Zheng Ming Li Yan Jiu =. Zhongguo Ren Min Gong an da Xue Chu Ban She.
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  43. added 2014-11-16
    Csaba Varga (2012). Comparative Legal Cultures: On Traditions Classified, Their Rapprochement & Transfer, and the Anarchy of Hyper-Rationalism with Appendix on Legal Ethnography. Szent István Társulat.
    Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...)
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  44. added 2014-11-15
    A. Dorfman (forthcoming). Foreseeability as Re-Cognition. American Journal of Jurisprudence.
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  45. added 2014-11-15
    M. Moschella (forthcoming). Natural Law, Parental Rights and Education Policy. American Journal of Jurisprudence.
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  46. added 2014-11-13
    Anthony R. Reeves (forthcoming). Practical Reason and Legality: Instrumental Political Authority Without Exclusion. Law and Philosophy:1-42.
    In a morally non-ideal legal system, how can law bind its subjects? How can the fact of a norm’s legality make it the case that practical reason is bound by that norm? Moreover, in such circumstances, what is the extent and character of law’s bindingness? I defend here an answer to these questions. I present a non-ideal theory of legality’s ability to produce binding reasons for action. It is not a descriptive account of law and its claims, it is a (...)
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  47. added 2014-11-12
    François Boucher & Cécile Laborde (forthcoming). Why Tolerate Conscience? Criminal Law and Philosophy:1-21.
    In Why Tolerate Religion?, Brian Leiter argues against the special legal status of religion, claiming that religion should not be the only ground for exemptions to the law and that this form of protection should be, in principle, available for the claims of secular conscience as well. However, in the last chapter of his book, he objects to a universal regime of exemptions for both religious and secular claims of conscience, highlighting the practical and moral flaws associated with it. We (...)
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  48. added 2014-11-12
    Thom Brooks (forthcoming). In Defence of Punishment and the Unified Theory of Punishment: A Reply. Criminal Law and Philosophy:1-10.
    My book, Punishment, has three aims: to provide the most comprehensive and updated examination of the philosophy of punishment available, to advance a new theory—the unified theory of punishment—as a compelling alternative to available theories and to consider the relation of theory to practice. In his recent review article, Mark Tunick raises several concerns with my analysis. I address each of these concerns and argue they rest largely on misinterpretations which I restate and clarify here.
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  49. added 2014-11-11
    Philippe Gréciano (forthcoming). Europe Et Monde Arabe: L’Écriture du Droit Sur les Deux Rives de la Méditerranée. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-13.
    At a time when cooperation between Europe and the Arab World is getting more and more concrete, this article highlights the reciprocal influences between languages and legal culture both North and South of the Mediterranean for the redaction of a common discourse. Europe conceives and produces numerous pieces of legislation that have a significant impact on both Maghreb and Mashriq. It is thus necessary to look back at a few seminal studies on European legal discourse to focus on the various (...)
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  50. added 2014-11-10
    Leo Zaibert (forthcoming). On the Matter of Suffering: Derek Parfit and the Possibility of Deserved Punishment. Criminal Law and Philosophy:1-18.
    Derek Parfit has recently defended the view that no one can ever deserve to suffer. Were this view correct, its implications for the thorny problem of the justification of punishment would be extraordinary: age-old debates between consequentialists and retributivists would simply vanish, as punishment would only—and simply—be justifiable along Benthamite utilitarian lines. I here suggest that Parfit’s view is linked to uncharacteristically weak arguments, and that it ought to be rejected.
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