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Punishment in Criminal Law

Edited by Gustavo Beade (Universidad de Buenos Aires (UBA), Christian-Albrechts-Universität zu Kiel)
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  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.
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  2. Neil Abramson (2010). Why Punishment Fails or Succeeds: Existential Reflections From One Being Punished. Philosophy for Business 57.
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  3. Gloria Bernal Acevedo (2002). Las Normas Rectoras En El Nuevo C'odigo Penal Colombiano.
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  4. H. B. Acton & Ted Honderich (1970). The Philosophy of Punishment. Philosophy 45 (174):341-341.
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  5. Jacob Adler (1988). Why Submit to Punishment? Southwest Philosophy Review 4 (1):127-128.
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  6. John Alderson (1983). Society, Crime and Criminal Behaviour. Journal of Biosocial Science 15 (1):121.
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  7. Larry Alexander (2014). Hart and Punishment for Negligence. In C. G. Pulman (ed.), Hart on Responsibility.
  8. Larry Alexander (2011). Culpability. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press
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  9. 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 ...
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  10. 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
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  11. 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
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  12. 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
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  13. Larry Alexander (1991). Self-Defense, Punishment, and Proportionality. Law and Philosophy 10 (3):323 - 328.
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  14. Larry Alexander (1986). Consent, Punishment, and Proportionality. Philosophy and Public Affairs 15 (2):178-182.
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  15. 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 (...)
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  16. Larry Alexander & Kimberly Kessler Ferzan (2010). Response to Critics. Law and Philosophy 29 (4):483-504.
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  17. 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.
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  18. 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 (...)
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  19. 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 (...)
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  20. 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 (...)
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  21. 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 (...)
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  22. 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 (...)
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  23. Jeffery L. Arbuckle & Kennon A. Lattal (1990). Economic Variables Affecting Punishment Warmup. Bulletin of the Psychonomic Society 28 (4):315-318.
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  24. Mordekhai Argaman (1990). Akhifat Ha-Din Ha-Pelili Be-Yi'sra®El Funòktsiyot Òve-Samkhuyot. Hotsa®at Tamar.
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  25. Yoav Ariel (1989). Chapter 4. On Punishment. In K'ung-Ts'ung-Tzu: The K'ung Family Masters' Anthology. Princeton University Press 93-97.
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  26. 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 (...)
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  27. Daniel Artenosi, Constructing a Moral Education Theory of Punishment.
    This thesis reconstructs John Rawl's Original Position in order to show that within a liberal democratic culture, the institution of punishment ought to conform to the Moral Education Theory of Punishment, put forth by Jean Hampton. According to Hampton, punishment should facilitate a medium where the state educates the criminal on the moral implications of her wrongdoing. I argue that citizens would select the Moral Education Theory of Punishment in the Original Position, since it offers the best opportunity to redress (...)
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  28. Andrew Ashworth (2011). Attempts. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press
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  29. 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.
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  30. 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.
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  31. 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 (...)
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  32. 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.
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  33. 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.
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  34. Vilhelm Aubert & Sheldon L. Messinger (1958). The Criminal and the Sick. Inquiry 1 (1-4):137 – 160.
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  35. 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 […].
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  36. Joseph J. Ayd (1931). The Criminal. Thought: A Journal of Philosophy 6 (1):160-169.
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  37. Enrique Bacigalupo (1994). Lineamientos de la Teor'ia Del Delito. Monograph Collection (Matt - Pseudo).
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  38. Enrique Bacigalupo (1991). Pensamiento Penal Moderno. Monograph Collection (Matt - Pseudo).
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  39. Mirko Bagaric (2000). Double Punishment and Punishing Character: The Unfairness of Prior Convictions. Criminal Justice Ethics 19 (1):10-28.
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  40. Brenda Baker (1991). C.T. Sistare, Responsibility And Criminal Liability. [REVIEW] Philosophy in Review 11:136-137.
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  41. Brenda M. Baker (1991). CT Sistare, Responsibility and Criminal Liability Reviewed By. Philosophy in Review 11 (2):136-137.
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  42. Roozbeh Baker, Proportionality in the Criminal Law: The Differing American Versus Canadian Approaches to Punishment.
    The focus of this Article shall be upon the Eighth Amendment of the United States Constitution and s. 12 of the Canadian Charter of Rights and Freedoms, both of which prohibit “cruel and unusual punishment”; and their effect on mandatory criminal sentencing (via penal statute) in the two countries. Part I of this Article shall briefly explain the differences between the jurisdictional application of criminal justice in the United States and Canada. Part II of this Article shall present and explain (...)
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  43. Wen Bao & Yuhua Li (eds.) (2006). 21 Shi Ji Xing Fa Jia Zhi Qu Xiang Yan Jiu. Zhi Shi Chan Quan Chu Ban She.
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  44. 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 (...)
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  45. Constance A. Barnicoat (1904). The Government Prison Settlement at Waiotapu, New Zealand. International Journal of Ethics 14 (4):436-444.
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  46. 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 (...)
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  47. 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 (...)
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  48. Sara Sun Beale, Is Corporate Criminal Liability Unique?
    Critics of corporate criminal liability argue that federal criminal law is far too broad, sanctions are imposed without fault, federal sentences are too harsh, and, finally, that federal prosecutors have too much power. This article makes two points about these critiques. First, although there is merit to each of these arguments, they cannot be limited to corporate criminal liability. Rather, critics of corporate criminal are exposing problems that are endemic to the federal criminal justice system. Indeed, these criticisms apply with (...)
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  49. Philip Bean (1983). Punishment: A Philosophical and Criminological Inquiry. Philosophy 58 (225):405-407.
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  50. Cesare Beccaria (1996). Of Crimes and Punishments.
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