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Punishment and freedom: a liberal theory of penal justice

New York: Oxford University Press (2009)

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  1. The Right to be Presumed Innocent.Hamish Stewart - 2014 - Criminal Law and Philosophy 8 (2):407-420.
    The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...)
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  • The Normative Structure of Criminal Law: Moral or Political?Hamish Stewart - 2015 - Criminal Law and Philosophy 9 (4):719-725.
  • Criminal Punishment as Private Morality: Victor Tadros’s The Ends of Harm. [REVIEW]Hamish Stewart - 2015 - Criminal Law and Philosophy 9 (1):21-35.
    IntroductionAll states routinely inflict punishment, often quite harsh punishment, for criminal offences committed by persons who are subject to their laws; but it is remarkably difficult to provide a satisfactory normative justification for this practice.This paper is a review essay of Tadros . References to the book will be by way of parentheses in the text. Non-consequentialist accounts, such as retributivism, can readily explain why some kinds of wrongs are punishable, but find it difficult to accommodate the intuition that deterrence (...)
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  • Was Ellen Wronged?Stephen P. Garvey - 2013 - Criminal Law and Philosophy 7 (2):185-216.
    Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...)
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  • A Hegelian Liberal Theory of the Penal Law: Alan Brudner: Punishment and Freedom. A Liberal Theory of Penal Justice. Oxford University Press, Oxford, 2009, 336 pp, Hardback £65, ISBN 978-0-19-920725-1. [REVIEW]Alfonso Donoso - 2011 - Criminal Law and Philosophy 5 (2):219-224.
    A Hegelian Liberal Theory of the Penal Law Content Type Journal Article Category Book Review Pages 219-224 DOI 10.1007/s11572-011-9119-8 Authors Alfonso Donoso, Pontificia Universidad Cat’olica de Chile, ICP, Santiago, Chile Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791 Journal Volume Volume 5 Journal Issue Volume 5, Number 2.
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  • Philosophy Unbound: The Idea of Global Philosophy.Thom Brooks - 2013 - Metaphilosophy 44 (3):254-266.
    The future of philosophy is moving towards “global philosophy.” The idea of global philosophy is the view that different philosophical approaches may engage more substantially with each other to solve philosophical problems. Most solutions attempt to use only those available resources located within one philosophical tradition. A more promising approach might be to expand the range of available resources to better assist our ability to offer more compelling solutions. This search for new horizons in order to improve our clarity about (...)
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