Bookmark and Share

Punishment in Criminal Law

Edited by Gustavo Beade (Universidad de Buenos Aires (UBA), Christian-Albrechts-Universität zu Kiel)
Related categories
Siblings:
580 found
Search inside:
(import / add options)   Sort by:
1 — 50 / 580
  1. Fadi Abou-Rihan (1994). Joel Feinberg, Ed., Reason & Responsibility: Readings in Some Basic Problems of Philosophy Reviewed By. Philosophy in Review 14 (2):94-96.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  2. Jacob Adler (1988). Why Submit to Punishment? Southwest Philosophy Review 4 (1):127-128.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  3. Larry Alexander (2011). Culpability. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  4. Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.
    This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they ...
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  5. Larry Alexander (2004). The Philosophy of Criminal Law. In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oup Oxford.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  6. Larry Alexander (2002). Criminal Liability for Omissions - An Inventory of Issues. In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oup Oxford.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  7. Larry Alexander (2002). Philosophy of Criminal Law. In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oup Oxford.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  8. Larry Alexander (1991). Self-Defense, Punishment, and Proportionality. Law and Philosophy 10 (3):323 - 328.
    Remove from this list | Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  9. Larry Alexander (1986). Consent, Punishment, and Proportionality. Philosophy and Public Affairs 15 (2):178-182.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  10. Larry Alexander (1983). Retributivism and the Inadvertent Punishment of the Innocent. Law and Philosophy 2 (2):233 - 246.
    Retributivism is generally thought to forbid the punishment of the innocent, even if such punishment would produce otherwise good results, such as deterrence. It has recently been argued that because capital punishment always entails the risk of executing an innocent person, instituting capital punishment is tantamount to intentionally taking innocent lives and therefore cannot be justified on retributive grounds. I argue that there are several versions of retributivism, only one of which might categorically forbid risking punishing innocent persons. I also (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  11. Larry Alexander & Kimberly Kessler Ferzan (2010). Response to Critics. Law and Philosophy 29 (4):483-504.
    Remove from this list | Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  12. Peter Alldridge (2002). Making Criminal Law Known. In Stephen Shute & A. P. Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press. 103--106.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  13. David Alm (2013). Self-Defense, Punishment and Forfeiture. Criminal Justice Ethics 32 (2):91-107.
    According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of punishment for an offense. According to the forfeiture view, criminals can justly be punished because they have forfeited certain rights in virtue of their crimes. The paper defends three theses about these two views. (1) The self-defense view is false because the right to threaten retaliation is not independent of the right to carry out that threat. (2) A more (...)
    Remove from this list | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  14. Jami L. Anderson, Comprehending the Distinctively Sexual Nature of the Conduct. Sex, Drugs and Rock and Roll.
    Since the 1970s, sexual assault laws have evolved to include prohibitions of sexual acts with cognitively impaired individuals. The argument justifying this prohibition is typically as follows: A sex act that is forced (without the legally valid consent of) someone is sexual assault. Cognitively impaired individuals, because they lack certain intellectual abilities, cannot give legally valid consent. Therefore, cognitively impaired individuals cannot consent to sex. Therefore, sex acts with cognitively impaired individuals is sexual assault. The prohibition of sex with such (...)
    Remove from this list |
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  15. Jami L. Anderson (2009). Bodily Privacy, Toilets, and Sex Discrimination: The Problem of "Manhood" in a Women's Prison. In Olga Gershenson Barbara Penner (ed.), Ladies and Gents. 90.
    Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...)
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  16. Jami L. Anderson (1999). A Hegelian Theory of Punishment. Legal Theory 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 (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  17. Jami L. Anderson (1998). Understanding Punishment as Annulment. Social Philosophy Today 13:215-226.
    Hegel claims that punishment is justified because it annuls crimes thereby revealing the criminal act for what it is, a will “null and void.” In this paper I analyze the complex notion of annulment, arguing that Hegel is claiming that punishment does not change the past, but alters the status of the criminal will so as to reveal that will for what it is, a violation of a victim’s rights. In short, punishment invalidates the criminal's will and validates the victim's (...)
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  18. Jeffery L. Arbuckle & Kennon A. Lattal (1990). Economic Variables Affecting Punishment Warmup. Bulletin of the Psychonomic Society 28 (4):315-318.
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  19. Richard Arneson (2005). Joel Feinberg and the Justification of Hard Paternalism. Legal Theory 11 (3):259-284.
    Joel Feinberg was a brilliant philosopher whose work in social and moral philosophy is a legacy of excellent, even stunning achievement. Perhaps his most memorable achievement is his four-volume treatise on The Moral Limits of the Criminal Law, and perhaps the most striking jewel in this crowning achievement is his passionate and deeply insightful treatment of paternalism.1 Feinberg opposes Legal Paternalism, the doctrine that “it is always a good reason in support of a [criminal law] prohibition that it is necessary (...)
    Remove from this list | Direct download (8 more)  
     
    My bibliography  
     
    Export citation  
  20. Andrew Ashworth (2011). Attempts. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  21. Andrew Ashworth (2011). The Criminal Law's Ambivalence About Outcomes. In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. 159.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  22. Andrew Ashworth (1996). Criminal Liability in a Medical Context: The Treatment of Good Intentions. In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press. 173--93.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  23. Andrew Ashworth & Lucia Zedner (2008). Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions. Criminal Law and Philosophy 2 (1):21-51.
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...)
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  24. Andrew Ashworth, Lucia Zedner & Patrick Tomlin (eds.) (2013). Prevention and the Limits of the Criminal Law. Oup Oxford.
    Are preventive justice measures justified? Do they needlessly blur the boundaries between criminal and civil law, signalling a change in the architecture of security? The contributors in this volume re-assess the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  25. Office of Technology Assessment (1982). An Assessment of Alternatives for a National Computerized Criminal History System. Acm Sigcas Computers and Society 12 (3):14-25.
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  26. Vilhelm Aubert & Sheldon L. Messinger (1958). The Criminal and the Sick. Inquiry 1 (1-4):137 – 160.
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  27. Iep Author, Moral Permissibility of Punishment.
    The Moral Permissibility of Punishment The legal institution of punishment presents a distinctive moral challenge because it involves a state’s infliction of intentionally harsh, or burdensome, treatment on some of its members—treatment that typically would be considered morally impermissible. Most of us would agree, for instance, that it is typically impermissible to imprison people, to […].
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  28. Joseph J. Ayd (1931). The Criminal. Thought 6 (1):160-169.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  29. Mirko Bagaric (2000). Double Punishment and Punishing Character: The Unfairness of Prior Convictions. Criminal Justice Ethics 19 (1):10-28.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  30. Brenda M. Baker (1991). CT Sistare, Responsibility and Criminal Liability Reviewed By. Philosophy in Review 11 (2):136-137.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  31. Wen Bao & Yuhua Li (eds.) (2006). 21 Shi Ji Xing Fa Jia Zhi Qu Xiang Yan Jiu. Zhi Shi Chan Quan Chu Ban She.
    Remove from this list |
    Translate to English
    |
     
    My bibliography  
     
    Export citation  
  32. Shima Baradaran (2014). The Presumption of Punishment. Criminal Law and Philosophy 8 (2):391-406.
    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 (...)
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  33. Constance A. Barnicoat (1904). The Government Prison Settlement at Waiotapu, New Zealand. International Journal of Ethics 14 (4):436-444.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  34. Matthew L. Baum (2013). The Monoamine Oxidase A (MAOA) Genetic Predisposition to Impulsive Violence: Is It Relevant to Criminal Trials? Neuroethics 6 (2):287-306.
    In Italy, a judge reduced the sentence of a defendant by 1 year in response to evidence for a genetic predisposition to violence. The best characterized of these genetic differences, those in the monoamine oxidase A (MAOA), were cited as especially relevant. Several months previously in the USA, MAOA data contributed to a jury reducing charges from 1st degree murder (a capital offence) to voluntary manslaughter. Is there a rational basis for this type of use of MAOA evidence in criminal (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  35. Michael D. Bayles (1982). Character, Purpose, and Criminal Responsibility. Law and Philosophy 1 (1):5 - 20.
    This paper explores analyzing criminal responsibility from the Humean position that blame is for character traits. If untoward acts indicate undesirable character traits, then the agent is blameworthy; if they do not, then the actor is not blameworthy — he has an excuse. A distinctive feature of this approach is that that voluntariness of acts is irrelevant to determining blameworthiness.This analysis is then applied to a variety of issues in criminal law. Mens supports inferences to character traits, and the Humean (...)
    Remove from this list | Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  36. Cesare Beccaria (1996). Of Crimes and Punishments.
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  37. Lawrence C. Becker (1987). Book Review:Causation in the Law. H. L. A. Hart, Tony Honore. [REVIEW] Ethics 97 (3):664-.
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  38. Hugo Adam Bedau, Punishment. Stanford Encyclopedia of Philosophy.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  39. Endre Begby (2009). Defending Humanity: When Force is Justified and Why - by George P. Fletcher and Jens David Ohlin. Ethics and International Affairs 23 (2):213-216.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  40. Raymond A. Belliotti (1991). Justifying Legal Punishment. International Studies in Philosophy 23 (3):140-141.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  41. S. I. Benn (1958). An Approach to the Problems of Punishment. Philosophy 33 (127):325 - 341.
    I SHALL develop, in this article, certain distinctions suggested by recent contributions to the philosophical discussion of punishment, which help to clarify the issues involved. Having separated out what I consider the four central philosophical questions, I shall suggest an approach to them, which, while mainly utilitarian, takes due account, I believe, of the retributivist case where it is strongest, and meets the main retributivist objections.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  42. Stanley I. Benn (1967). Punishment. In Paul Edwards (ed.), The Encyclopedia of Philosophy. New York, Macmillan. 7--29.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  43. Christopher Bennett (2009). L. Zaibert, Punishment and Retribution. Criminal Law and Philosophy 4 (1):105-107.
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  44. Christopher Bennett (2004). Punishment. Philosophical Books 45 (4):324-334.
    How can a state be morally justified in punishing some of its citizens? In tackling this I shall set aside three important matters: we do not morally approve of all the laws of the land, so that sometimes there is a legal but not a moral case against an offender; we can do more things about crime than just punish the criminals, for example remedying the familial and social conditions that encourage it; and, thirdly, many actual penal institutions do things (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  45. Christopher Bennett, Edgar Maraguat, J. M. Pérez Bermejo, Antony Duff, J. L. Martí, Sergi Rosell & Constantine Sandis (2012). Symposium. The Apology Ritual. Teorema 31 (2).
    Symposium on Christopher Bennet's The Apology Ritual. A Philosophical Theory of Punishment [Cambridge University Press, 2008].
    Remove from this list |
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  46. Jeremy Bentham (2010). Of the Limits of the Penal Branch of Jurisprudence. Clarendon Press.
    The work emerged from Bentham's attempt to distinguish between civil and penal law, which led him into an exposition of the nature and scope of an individual ...
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  47. Jeremy Bentham (2009). The Rationale of Punishment. Prometheus Books.
    Definitions and distinctions -- Classification -- Of the ends of punishment -- Cases unmeet for punishment -- Expense of punishment -- Measure of punishment -- Of the properties to be given to a lot of punishment -- Of analogy between crimes and punishment -- Of retaliation -- Popularity -- Simple afflictive punishments -- Of complex afflictive punishments -- Of restrictive punishments--territorial confinement -- Imprisonment -- Imprisonment--fees -- Imprisonment examined -- General scheme of imprisonment -- Of other species of territorial confinement--quasi-imprisonment--relegation--banishment (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  48. Mitchell N. Berman (2012). Of Punishment. In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge. 141.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  49. Mitchell N. Berman (2008). Punishment and Justification. Ethics 118 (2):258-290.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  50. Cecil Binney (1946). The Modern Approach to Criminal Law. The Eugenics Review 38 (2):94.
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
1 — 50 / 580