Related categories
Siblings:
25 found
Search inside:
(import / add options)   Order:
  1. Larry Alexander (2014). Hart and Punishment for Negligence. In C. G. Pulman (ed.), Hart on Responsibility.
  2. Ann Alpers (1998). Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying. Journal of Law, Medicine & Ethics 26 (4):308-331.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    My bibliography   8 citations  
  3. 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 (...)
    Remove from this list  
    Translate
      Direct download  
     
    Export citation  
     
    My bibliography  
  4. 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)  
     
    Export citation  
     
    My bibliography  
  5. Sonu Bedi (2011). Why a Criminal Prohibition on Sex Selective Abortions Amounts to a Thought Crime. Criminal Law and Philosophy 5 (3):349-360.
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  6. Thom Brooks (2010). Punishment. Oxford Bibliographies Online.
    The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography   2 citations  
  7. Thom Brooks (2008). Shame on You, Shame on Me? Nussbaum on Shame Punishment. Journal of Applied Philosophy 25 (4):322-334.
    abstract Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  8. Thom Brooks (2003). Choosing Correct Punishments. Archives de Philosophie du Droit 47:365-369.
  9. Thom Brooks, Moral Sentiments and the Justification of Punishment.
  10. Jeffrey A. Gauthier (2014). Prostitution and Paternalism. In David Boersema (ed.), Dimensions of Moral Agency. Cambridge Scholars Press 194-202.
    Both liberals and feminists have long criticized the paternalistic approach to prostitution found in most jurisdictions in the U.S. In his recent book Prostitution and Liberalism, Peter de Marneffe defends just such an intervention, arguing that the demonstrated harmfulness of a life of prostitution justifies paternalistic policies aimed at reducing the number of women who are involved in it. Although de Marneffe does not endorse the prohibitionist approach typical in the U.S., he argues that the best reasons for alternative approaches (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  11. Jeffrey A. Gauthier (1999). Consent, Coercion, and Sexual Autonomy. In Keith Burgess-Jackson (ed.), A Most Detestable Crime: New Philosophical Essays on Rape. Oxford University Press 71-91.
    Feminist legal scholarship has questioned the usefulness of non-consent as a criterion for rape. Under conditions of generalized sexual oppression, consent may not be an adequate for absence of coercion. I defend this argument and propose that rape law reform can be usefully informed by state protection of workers in the capitalist labor market, where it is assumed that the parties occupy an unequal bargaining position.
    Remove from this list  
     
    Export citation  
     
    My bibliography  
  12. Antti Kauppinen (2014). Hate and Punishment. Journal of Interpersonal Violence:1-19.
    According to legal expressivism, neither crime nor punishment consists merely in intentionally imposing some kind of harm on another. Crime and punishment also have an expressive aspect. They are what they are in part because they enact attitudes toward others—in the case of crime, some kind of disrespect, at least, and in the case of punishment, society’s condemnation or reprobation. Punishment is justified, at least in part, because (and when) it uniquely expresses fitting condemnation or other retributive attitude. What makes (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  13. Hyoungkoo Khang, Eyun-Jung Ki, In-Kon Park & Seon-Gi Baek (2012). Exploring Antecedents of Attitude and Intention Toward Internet Piracy Among College Students in South Korea. Asian Journal of Business Ethics 1 (2):177 - 194.
    Abstracts This study aims to examine the predictors of attitude and intentions toward Internet piracy in South Korea. Also, it intends to suggest a model of Internet piracy demonstrating the casual effects of factors of individual attitude and intentions toward Internet piracy. The results demonstrated that moral obligations and subjective norms are significant predictors of an individual’s attitude toward Internet piracy. Moreover, three factors—moral obligation, perceived behavioral control, and attitude—are essential antecedents of an individual’s intention to engage in Internet piracy. (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography  
  14. 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, (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  15. Ken Levy (2010). Killing, Letting Die, and the Case for Mildly Punishing Bad Samaritanism. Georgia Law Review 44:607-695.
    For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...)
    Remove from this list  
    Translate
      Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  16. Ken Levy (2007). The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats. Connecticut Law Review 39:1051-1096.
    Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  17. Ken Levy (2005). The Solution to the Problem of Outcome Luck: Why Harm Is Just as Punishable as the Wrongful Action That Causes It. [REVIEW] Law and Philosophy 24 (3):263-303.
    A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...)
    Remove from this list   Direct download (12 more)  
     
    Export citation  
     
    My bibliography  
  18. Alison Mcintyre (1994). Guilty Bystanders? On the Legitimacy of Duty to Rescue Statutes. Philosophy and Public Affairs 23 (2):157–191.
  19. Jesper Ryberg (2014). Punishing Adolescents—On Immaturity and Diminished Responsibility. Neuroethics 7 (3):327-336.
    Should an adolescent offender be punished more leniently than an adult offender? Many theorists believe the answer to be in the affirmative. According to the diminished culpability model, adolescents are less mature than adults and, therefore, less responsible for their wrongdoings and should consequently be punished less harshly. This article concerns the first part of the model: the relation between immaturity and diminished responsibility. It is argued that this relation faces three normative challenges which do not allow for easy answers (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  20. Gareth Sansom (2009). Strategies of Displacement and Other Violations of Territoriality : Cybercrime, the World Wide Web and the Ambit of Criminal Law. In Albert Breton (ed.), Multijuralism: Manifestations, Causes, and Consequences. Ashgate Pub.
    Remove from this list  
     
    Export citation  
     
    My bibliography  
  21. Stephen J. Schulhofer (1990). The Gender Question in Criminal Law. Social Philosophy and Policy 7 (2):105.
    Over the past decade, both the doctrine and the practice of criminal law have come under intensely critical review by feminist scholars and reformers. The territory under reexamination by or because of feminists spans the problems of women as witnesses, defendants, and prisoners in the criminal justice system; it extends to the situation of women as potential victims and offenders in diverse offense circumstances. Crimes in which the defendant or victim is typically female are predictable subjects of feminist concern, but (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography   4 citations  
  22. Aditya Swarup, Common Men, Uncommon Law: Exploring the Links Between Disciplinary Proceedings and Criminal Law.
    Equality in administrative law and procedure is a Dicean concept. It delves into the fact that there must be equality in treatment between public servants and the ordinary citizen. The State-citizen divide in the legal system has always been a debatable issue that only some have sought to address. This issue also comes to the fore in the area of criminal law. With its roots in the French droit administratif, the system of having disciplinary proceedings for certain crimes conducted by (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  23. Sandra Guerra Thompson, The White-Collar Police Force: "Duty to Report" Statutes in Criminal Law.
    At both the federal and state levels, numerous criminal laws require individuals to report suspicions of criminal conduct, such as child and elder abuse, violent crimes including domestic violence, environmental crimes, and financial offenses. Reporting duties are imposed on people in many different types of professions, depending on the type of offense being reported, and increasingly may be imposed on all persons without regard to profession. The laws have made the failure to report criminally punishable and, in some instances, all (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  24. Sandra Guerra Thompson, Immigration Law and Long-Term Residents: A Missing Chapter in American Criminal Law.
    In this Commentary, Professor Sandra Guerra Thompson urges her colleagues who teach and write on the subjects of criminal law and procedure to explore the growing intersection of immigration law and criminal law. Her Commentary addresses the plight of the millions of long-term residents of the United States who do not have citizenship, legal residency or a visa. She discusses the implications of changes in law enforcement policy regarding persons found within national borders - as opposed to those found in (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  25. Lucinda Vandervort (2001). Mistake of Law and Obstruction of Justice: A 'Bad Excuse' ... Even for a Lawyer! University of New Brunswick Law Journal 50: 171-186.
    In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any relevant (...)
    Remove from this list  
     
    Export citation  
     
    My bibliography