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Forthcoming articles
  1. Daniel M. Farrell (forthcoming). Using Wrongdoers Rightly: Tadros on the Justification of General Deterrence. [REVIEW] Criminal Law and Philosophy:1-20.
    Some philosophers believe that punishing convicted criminals in order to deter other, potential criminals would be morally questionable even if we had good evidence that doing so would achieve its goal, at least to a substantial degree. And they believe this because they believe that doing so would be an instance of “using” convicted criminals in a morally objectionable way. Tadros aims to show that we would indeed be “using” convicted criminals in such cases but that, while “using” others is (...)
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  2. Neil Levy (forthcoming). Luck and Agent-Causation: A Response to Franklin. Criminal Law and Philosophy:1-6.
    Christopher Franklin argues that the hard luck view, which I have recently defended, is misnamed: the arguments turn on absence of control and not on luck. He also argues that my objections to agent-causal libertarianism depend on a demand, for a contrastive explanation that guarantees the choice the agent makes, which would be question-begging in the dialectical context. In response to the first objection, I argue that though Franklin may be right that it is absence of control that matters to (...)
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  3. Matthew Lister (forthcoming). Review of Corvino and Gallagher, Debating Same-Sex Marriage. [REVIEW] Criminal Law and Philosophy.
    With the recent U.S. Supreme Court cases finding the Defense of Marriage Act unconstitutional and removing impediments to same-sex marriage in California,as well as a number of recent successes in special elections and with legislators inthe U.S. and other countries, we might wonder whether there is still need for a book debating same-sex marriage. Is not the tide of history inevitably movingtowards marriage equality? While that position seems tempting, it is too quick.
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  4. Alice MacLachlan (forthcoming). Political Reconciliation and Political Health. Criminal Law and Philosophy:1-10.
    In A Moral Theory of Political Reconilication, Colleen Murphy brings much-needed clarity to debates over political reconciliation by setting out plausible desiderata for a satisfactory theory. She responds to these desiderata by introducing three normative frameworks which, taken together, measure reconciliation: the rule of law, trust and trust responsiveness, and support for political capabilities. In my remarks, I raise two concerns about the relationships among these normative frameworks, and the extent to which they are emblematic of political reconciliation, specifically, rather (...)
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  5. Thomas Søbirk Petersen (forthcoming). On the Offense Principle: Some New Challenges. Criminal Law and Philosophy.
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  6. Katrina L. Sifferd (forthcoming). What Does It Mean to Be a Mechanism? Stephen Morse, Non-Reductivism, and Mental Causation. Criminal Law and Philosophy:1-17.
    Stephen Morse seems to have adopted a controversial position regarding the mindbody relationship: John Searle’s non-reductivism, which claims that conscious mental states are causal yet not reducible to their underlying brain states. Searle’s position has been roundly criticized, with some arguing the theory taken as a whole is incoherent. In this paper I review these criticisms and add my own, concluding that Searle’s position is indeed contradictory, both internally and with regard to Morse's other views. Thus I argue that Morse (...)
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  7. Hamish Stewart (forthcoming). Criminal Punishment as Private Morality: Victor Tadros's The Ends of Harm. [REVIEW] Criminal Law and Philosophy:1-15.
  8. Matthew Talbert (forthcoming). Symmetry, Rational Abilities, and the Ought-Implies-Can Principle. Criminal Law and Philosophy:1-14.
    In Making Sense of Free Will and Moral Responsibility Dana Nelkin defends the “rational abilities view.” According to this view, agents are responsible for their behavior if and only if they act with the ability to recognize and act for good reasons. It follows that agents who act well are open to praise regardless of whether they could have acted differently, but agents who act badly are open to blame only if they could have acted on the moral reasons that (...)
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  9. Nicole A. Vincent (forthcoming). A Compatibilist Theory of Legal Responsibility. Criminal Law and Philosophy:1-22.
    Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...)
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  10. David M. Adams (forthcoming). Belief and Death: Capital Punishment and the Competence-for-Execution Requirement. Criminal Law and Philosophy:1-14.
    A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution (CFE)—holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...)
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  11. Christopher Bennett (forthcoming). Penal Disenfranchisement. Criminal Law and Philosophy:1-15.
    This paper considers the justifiability of removing the right to vote from those convicted of crimes. Firstly, I consider the claim that the removal of the right to vote from prisoners (or serious offenders) is necessary as a practical matter to protect the democratic process from those who have shown themselves to be untrustworthy. Secondly, I look at the claim that offenders have broken the social contract and forfeited rights to participate in making law. And thirdly, I look at the (...)
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  12. Andrew Cornford (forthcoming). Mitigating Murder. Criminal Law and Philosophy:1-14.
    In Loss of Control and Diminished Responsibility, Alan Reed and Michael Bohlander collect a wide range of essays on the eponymous partial defences to murder. These essays provide detailed analysis of recent English reforms in this area and place these reforms in comparative perspective. This review considers the contribution made by this book to the explanation and evaluation of partial defences. It concentrates in particular on the exculpatory force of loss of control; the distinctness of loss of control from diminished (...)
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  13. Antony Duff (forthcoming). Symposium on Preventive Justice Preface. Criminal Law and Philosophy:1-2.
    Ideas of prevention (the prevention of harms, or of wrongs, or of crimes) have always played a significant role in accounts of the proper aims of a system of criminal law, but in recent years they have come to play a more prominent and disturbing part in developments in criminal law policies—most obviously, but by no means only, in the USA and Britain. Governments have sought to meet (or to be seen to be meeting) a range of perceived threats, such (...)
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  14. Matt Matravers (forthcoming). Symposium on Andrew Simester and Andreas von Hirsch, Crimes, Harms, and Wrongs: On the Principles of Criminalisation. Criminal Law and Philosophy:1-3.
    Andrew Simester and Andreas von Hirsch’s Crimes, Harms, and Wrongs: On the Principles of Criminalisation (Simester and von Hirsch 2011) is an important contribution to the philosophical debate over the nature and ethical limits of criminalisation. As they note in their reply in this symposium, one of the novel aspects of their account is that they do not advance one “unified, grand theory”. Rather, they analyse each ground of criminal prohibition—wrongfulness, harm-based, offense, and paternalistic prohibitions aimed at preventing self-harm—so as (...)
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  15. S. Armstrong (forthcoming). Philosophy as Capacity. Criminal Law and Philosophy.
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  16. S. Armstrong (forthcoming). Review Of: R. Lippke's, The Ethics of Plea Bargaining. [REVIEW] Criminal Law and Philosophy.
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  17. Peter Brian Barry (forthcoming). Capital Punishment as a Response to Evil. Criminal Law and Philosophy:1-20.
    Some jurisdictions acknowledge, as a matter of positive law, the relevance of evil to capital punishment. At one point, the state of Florida counted that the fact that a murderer’s crime was “especially wicked, evil, atrocious or cruel” as an aggravating factor for purposes of capital sentencing. I submit that Florida may be onto something. I consider a thesis about capital punishment that strikes me as plausible on its face: if capital punishment is ever morally permissible, it is permissible as (...)
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  18. David Cole (forthcoming). The Difference Prevention Makes: Regulating Preventive Justice. Criminal Law and Philosophy:1-19.
    Since the terrorist attacks of September 11, 2001, the United States and many other countries have adopted a “paradigm of prevention,” employing a range of measures in an attempt to prevent future terrorist attacks. This includes the use of pretextual charges for preventive detention, the expansion of criminal liability to prohibit conduct that precedes terrorism, and expansion of surveillance at home and abroad. Politicians and government officials often speak of prevention as if it is an unqualified good. Everyone wants to (...)
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  19. Fiery Cushman (forthcoming). The Psychological Origins of the Doctrine of Double Effect. Criminal Law and Philosophy:1-14.
    The doctrine of double effect (DDE) is a moral principle that distinguishes between harm we cause as a means to an end and harm that we cause as a side-effect. As a purely descriptive matter, the DDE is well established that it describes a consistent feature of human moral judgment. There are, however, several rival theories of its psychological cause. I review these theories and consider their advantages and disadvantages. Critically, most extant psychological theories of the DDE regard it as (...)
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  20. Alfonso Donoso (forthcoming). Commentaries on Criminal Law Conversations. Criminal Law and Philosophy:1-13.
    One of the first things striking readers of Criminal Law Conversations is its unusual methodology. The editors of this volume have put together 31 conversations around as many cutting edge and influential articles. This article considers critically some discussions representative of each of the book’s three parts: Principles, Doctrine, Administration and provide a glimpse of the richness and variety of Criminal Law Conversations.
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  21. R. A. Duff & Susanna Blumenthal (forthcoming). Criminal Responsibility and its History. Criminal Law and Philosophy:1-2.
    The original versions of the five papers in this Symposium were delivered and discussed at a workshop at the University of Minnesota Law School on Criminal Responsibility and its History. One of the aims of the workshop was to bring together scholars working on the history of the criminal law and scholars whose main focus is on issues in normative criminal law theory, to explore the ways in which they can learn from each other, and to promote a kind of (...)
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  22. Albert W. Dzur (forthcoming). The Priority of Participation: A Friendly Response to Professor Gargarella. Criminal Law and Philosophy:1-5.
    A response to Roberto Gargarella’s review of Punishment, Participatory Democracy, and the Jury, by Albert W. Dzur.
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  23. Steven Freeland & Pernille Walther (forthcoming). Reimagining the Unimaginable? Reflections on Mark A. Drumbl's Vision of Child Soldiers. Criminal Law and Philosophy:1-12.
    The existence of child soldiers is a problem of the ages, and there are no positive signs that it is abating. The difference now is that, with the development of modern weapons technology, children can be involved in large scale and horrific acts during conflicts. The circumstances surrounding the use of children to wage war will vary from situation to situation. Yet, it has been suggested that many people seem to have a ‘single focussed’ view of what child soldiers look (...)
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  24. Peter A. French (forthcoming). Complicity: That Moral Monster, Troubling Matters. Criminal Law and Philosophy:1-15.
    In the criminal law of many jurisdictions complicity, though not itself a substantive crime but a way of committing a crime, is a doctrine that determines when one person is legally liable for a criminal offense that was committed by another person, typically by being an accomplice. That doctrine has a number of troubling moral implications with respect to responsibility, particularly when complicity is employed as a devise to capture one agent as morally accountable for the actions of another agent (...)
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  25. Stephen P. Garvey (forthcoming). Canadian Scholars on Criminal Responsibility. Criminal Law and Philosophy:1-14.
    This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.
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  26. Gerald Gaus (forthcoming). On Being Inside Social Morality and Seeing It. Criminal Law and Philosophy:1-13.
    Eric Mack’s “Inside Public Reason” is thorough and fair-minded review of The Order of Public Reason. My deep thanks to him for his insights, as well as his judiciousness. In these remarks I cannot take up all the important matters he raises; in particular I put aside two important issues—the analysis of the political and discussion of how contingent social processes play a fundamental role in public justification (Fred D’Agostino focuses on this second feature of The Order of Public Reason (...)
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  27. V. C. Geeraets (forthcoming). Fictions of Restorative Justice, Vincent Geeraets. Criminal Law and Philosophy:1-17.
    In this paper, I argue that scholars such as John Braithwaite and Lode Walgrave rely on fictions when presenting their utopian vision of restorative justice. Three claims in particular are shown to be fictitious. Proponents of restorative justice maintain, first, that the offender and the victim voluntarily attend the restorative conference. Second, that the restorative conference enables the offender and the victim to take on active responsibility. Third, that the reparatory tasks on which the parties agree should not be understood (...)
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  28. Thomas Giddens (forthcoming). Criminal Responsibility and the Living Self. Criminal Law and Philosophy:1-18.
    Behaviour, including criminal behaviour, takes place in lived contexts of embodied action and experience. The way in which abstract models of selfhood efface the individual as a unique, living being is a central aspect of the ‘ethical-other’ debate; if an individual is modelled as abstracted from this ‘living’ context, that individual cannot be properly or meaningfully linked with his or her behaviour, and thus cannot justly be understood as responsible. The dominant rational choice models of criminal identity in legal theory (...)
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  29. Marion Godman & Anneli Jefferson (forthcoming). On Blaming and Punishing Psychopaths. Criminal Law and Philosophy:1-16.
    Current legal practice holds that a diagnosis of psychopathy does not remove criminal responsibility. In contrast, many philosophers and legal experts are increasingly persuaded by evidence from experimental psychology and neuroscience indicating moral and cognitive deficits in psychopaths and have argued that they should be excused from moral responsibility. However, having opposite views concerning psychopaths’ moral responsibility, on the one hand, and criminal responsibility, on the other, seems unfortunate given the assumption that the law should, at least to some extent, (...)
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  30. Alon Harel (forthcoming). R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo and Victor Tadros (Eds): The Constitution of the Criminal Law. Criminal Law and Philosophy:1-8.
    This book is a collection consisting of an introduction and nine essays that explore foundational aspects of criminal law. As the introduction makes clear, the book is eclectic and the essays can be classified under three main headings. The first group of essays explores the political constitution of criminal law as part of the institutional structure of the state. The second group of essays investigates the question of the authority of criminal law and its potential to create reasons for action. (...)
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  31. Hock Lai Ho (forthcoming). The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence. Criminal Law and Philosophy:1-23.
    If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule (...)
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  32. Cindy Holder (forthcoming). Transition, Trust and Partial Legality: On Colleen Murphy's A Moral Theory of Political Reconciliation. Criminal Law and Philosophy:1-12.
    In A Moral Theory of Political Reconciliation Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. However, Murphy’s framework is well-suited to take up these questions, once they are acknowledged, and this is an important strength of (...)
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  33. Jules Holroyd (forthcoming). Mark D. White (Ed): Retributivism: Essays on Theory and Policy. [REVIEW] Criminal Law and Philosophy:1-12.
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  34. Tatjana Hörnle (forthcoming). Theories of Criminalization. Criminal Law and Philosophy:1-14.
    In this article, I comment on Simester and von Hirsch’s theory of criminalization and discuss general principles of criminalization. After some brief comments on punishment theories and the role of moral wrongdoing, I examine main lines of contemporary criminalization theories which tend to focus on the issues of harm, offense, paternalism and side-constraints. One of the points of disagreement with Simester and von Hirsch concerns the role of the harm principle. I rely on a straightforward normative concept of “rights of (...)
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  35. Tracy Isaacs (forthcoming). International Criminal Courts and Political Reconciliation. Criminal Law and Philosophy:1-10.
    In A Moral Theory of Political Reconciliation, Colleen Murphy devotes a full chapter to arguing that international criminal trials make significant contributions to political reconciliation within post-conflict and transitional societies. While she is right to claim that these trials serve an important function, I take issue with her with respect to what that important function is. Whereas Murphy focuses on the contributions international criminal prosecutions might make to political reconciliation within the borders of transitional societies, I claim instead that their (...)
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  36. Peter Jones (forthcoming). Accommodating Religion and Shifting Burdens. Criminal Law and Philosophy:1-22.
    With some qualifications, this article endorses Brian Leiter’s argument that religious accommodation should not shift burdens from believers to non-believers. It argues that religious believers should take responsibility for their beliefs and for meeting the demands of their beliefs. It then examines the implications of that argument for British law on indirect discrimination (disparate impact) as it relates to religion or belief: burden-shifting from believers to employers and providers of goods and services should be deemed acceptable only insofar as the (...)
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  37. John Kleinig (forthcoming). The Paternalistic Principle. Criminal Law and Philosophy:1-13.
    In this paper, I critique one aspect of Simester and von Hirsch’s, Crimes, Harms, and Wrongs—their recognition of harm and offence principles, but failure to construct a paternalistic principle, despite their willingness to countenance some small measure of criminal paternalism. Construction of such a principle would have clarified the problems of as well as the limits to criminalising paternalism.
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  38. Joanna Kyriakakis (forthcoming). Rene Provost and Payam Akhavan: Confronting Genocide. Criminal Law and Philosophy:1-8.
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  39. Ambrose Y. K. Lee (forthcoming). Public Wrongs and the Criminal Law. Criminal Law and Philosophy:1-16.
    This paper is about how best to understand the notion of ‘public wrongs’ in the longstanding idea that crimes are public wrongs. By contrasting criminal law with the civil laws of torts and contracts, it argues that ‘public wrongs’ should not be understood merely as wrongs that properly concern the public, but more specifically as those which the state, as the public, ought to punish. It then briefly considers the implications that this has on criminalization.
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  40. David Lefkowitz (forthcoming). Should the Law Convict Those Who Act From Conviction? Reflections on a Demands-of-Conscience Criminal Defense. Criminal Law and Philosophy:1-19.
    How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal (...)
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  41. Neil Levy (forthcoming). Zimmerman's The Immorality of Punishment: A Critical Essay. [REVIEW] Criminal Law and Philosophy:1-10.
    In “The Immorality of Punishment”, Michael Zimmerman attempts to show that punishment is morally unjustified and therefore wrong. In this response, I focus on two main questions. First, I examine whether Zimmerman’s empirical claims—concerning our inability to identify wrongdoers who satisfy conditions on blameworthiness and who might be reformed through punishment, and the comparative efficacy of punitive and non-punitive responses to crime—stand up to scrutiny. Second, I argue that his crucial argument from luck depends on claims about counterfactuals that ought (...)
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  42. Kasper Lippert-Rasmussen (forthcoming). 'To Serve and Protect': The Ends of Harm by Victor Tadros. [REVIEW] Criminal Law and Philosophy:1-23.
    In The Ends of Harm Victor Tadros develops an alternative to consequentialist, and non-consequentialist retributivist, accounts of the justifiability of punishment: the duty view. Crucial to this view is the claim that wrongdoers incur an enforceable duty to remedy their wrongs. They cannot undo them, but they can do something that is almost as good—namely, by submitting to appropriate punishment, which will deter potential wrongdoers in the future, reduce their victim’s risk of suffering similar wrongs again. Admittedly, this involves harming (...)
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  43. Kasper Lippert-Rasmussen (forthcoming). Desert, Bell Motion, and Fairness. Criminal Law and Philosophy:1-17.
    In this critical review, I address two themes from Shelly Kagan’s path-breaking The Geometry of Desert. First I explain the so-called “bell motion” of desert mountains—a notion reflecting that, ceteris paribus, as people get more virtuous it becomes more important not to give them too little of whatever they deserve than not to give them too much. Having argued that Kagan’s defense of it is unsatisfactory, I offer two objections to the existence of the bell motion. Second, I take up (...)
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  44. Ian Loader (forthcoming). In Search of Civic Policing: Recasting the 'Peelian' Principles. Criminal Law and Philosophy:1-14.
    For over a century the so-called ‘Peelian’ principles have been central to the self-understanding of Anglo-American policing. But these principles are the product of modern state-building and speak only partially to the challenges of urban policing today. In fact, they stand in the way of clear thinking and better practice. In this paper, I argue that these principles ought to be radically recast and put to work in new ways. The argument proceeds as follows. First, I recover and outline the (...)
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  45. Catherine Lu (forthcoming). Richard Vernon: Cosmopolitan Regard: Political Membership and Global Justice. [REVIEW] Criminal Law and Philosophy:1-5.
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  46. Stuart Macdonald (forthcoming). The Role of the Courts in Imposing Terrorism Prevention and Investigation Measures: Normative Duality and Legal Realism. [REVIEW] Criminal Law and Philosophy:1-19.
    This article argues that the courts, not the Home Secretary, should be empowered to issue Terrorism Prevention and Investigation Measures (TPIMs). It explains that at the heart of the debate are three questions: whether measures like TPIMs should be viewed primarily from the perspective of security or liberty; how we should conceive the executive and the courts; and the empirical question of how these two arms of government answer these questions. The non-mechanistic nature of legal reasoning means that legal reasons (...)
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  47. Michael S. Moore (forthcoming). Stephen Morse on the Fundamental Psycho-Legal Error. Criminal Law and Philosophy:1-45.
    Stephen Morse has long proclaimed there to be a “fundamental psycho-legal error” (FPLE) that is regularly made by legal and social/psychological/medical science academics alike. This is the error of thinking that causation of human choice by factors themselves outside the chooser’s control excuses that chooser from moral responsibility. In this paper, I examine Morse’s self-labelled “internalist” defense of his thesis that this is indeed an error, and finds such internalist defense incomplete; needed is the kind of externalist defense of Morse’s (...)
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  48. Michael S. Moore (forthcoming). The Quest for a Responsible Responsibility Test: Norwegian Insanity Law After Breivik. Criminal Law and Philosophy:1-49.
    The Breivik case in Norway has motivated a reassessment of Norwegian insanity law by the Norwegian government. Because Norway since 2002 has utilized a “medical model” for legal insanity—a model according to which the legal excuse of insanity is identified with some medical concept such as psychosis—the Norwegian reexamination of its law is not without interest throughout the world. In this paper, I utilize the Anglo-American experience with different medical models for insanity to assess the current Norwegian law on insanity. (...)
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  49. Colleen Murphy (forthcoming). Reply to Critics. Criminal Law and Philosophy:1-13.
    One of the central moral challenges facing numerous political communities today is political reconciliation. In the aftermath of repression, conflict, and injustice, communities confront the task of repairing damaged relationships among citizens and between citizens and officials. In A Moral Theory of Political Reconciliation, I develop a theory of what this process entails and of its moral significance. My central claim is that political relationships are damaged when and to the extent that they fail to express reciprocity and respect for (...)
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  50. Hadassa Noorda (forthcoming). Preventive Deprivations of Liberty: Asset Freezes and Travel Bans. Criminal Law and Philosophy:1-15.
    This article examines preventive constraints on suspected terrorists that can lead to restrictions on liberty similar to imprisonment and disrespect the target’s autonomy. In particular, it focuses on two examples: travel bans and asset freezes. It seeks to develop guidelines for setting appropriate limits on their future use. Preventive constraints do not generate legal protections as constraints in response to conduct do. In addition, these constraints are often seen as a permissible alternative to imprisonment. Still, preventive de facto detentions, or (...)
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  51. Alan Norrie (forthcoming). Ethics and History: Can Critical Lawyers Talk of Good and Evil? [REVIEW] Criminal Law and Philosophy:1-14.
    This essay explores what we might mean by good and evil, and argues that these terms remain salient for a critical, socio-historical, understanding of criminal law. It draws upon a meta-ethics of freedom and solidarity to explain what good means in recent mercy killing cases in England and Wales, and what evil means in Arendt’s phrase, the ‘banality of evil’.
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  52. Jens David Ohlin (forthcoming). The One or the Many. Criminal Law and Philosophy:1-15.
    The following Review Essay, inspired by Tracy Isaacs’ new book, Moral Responsibility in Collective Contexts, connects the philosophical literature on group agency with recent trends in international criminal law. Part I of the Essay sketches out the relevant philosophical positions, including collectivist and individualist accounts of group agency. Particular attention is paid to Kornhauser and Sager’s development of the doctrinal paradox, Philip Pettit’s deployment of the paradox towards a general argument for group rationality, and Michael Bratman’s account of shared or (...)
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  53. Michael S. Pardo & Dennis Patterson (forthcoming). Morse, Mind, and Mental Causation. Criminal Law and Philosophy:1-16.
    Stephen Morse’s illuminating scholarship on law and neuroscience relies on a “folk psychological” account of human behavior in order to defend the law’s foundations for ascribing legal responsibility. The heart of Morse’s account is the notion of “mental state causation,” in which mental states (e.g., beliefs, desires, and intentions) cause behavior. Morse argues that causation of this sort is necessary to support legal responsibility. We challenge this claim. First, we discuss problems with the conception of mental causation on which Morse (...)
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  54. Thomas Søbirk Petersen (forthcoming). No Offense! On the Offense Principle and Some New Challenges. Criminal Law and Philosophy:1-11.
    A central aim within criminal justice ethics is to give a plausible justification concerning which type of acts ought to be criminalized by the state. One of the principles of criminalization which has been presented and critically discussed in the philosophical literature is the Offense Principle. The primary aim of this paper is to argue that unless a rather special and implausible objective list theory of well-being is accepted, the Offense Principle should be subsumed in the Harm Principle.
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  55. Michael Plaxton (forthcoming). Nussbaum on Sexual Instrumentalization. Criminal Law and Philosophy:1-16.
    In “The Wrongness of Rape”, Gardner and Shute argued that the English offence of rape primarily targets the wrong of objectification. They tie objectification closely to instrumentalization—to the “conversion of subjects into instruments or tools”. In doing so, they explicitly purport to follow Nussbaum’s understanding of what is morally problematic about objectification. In this paper, I want to explore more closely just what Nussbaum understands by instrumentalization, focusing in particular upon the meaning and role of mutuality in her analysis. Doing (...)
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  56. Amit Pundik (forthcoming). Should Criminals Be Convicted of Unspecific Offences? On Efficiency, Condemnation, and Cognitive Psychology. Criminal Law and Philosophy:1-18.
    Assume that a person who is suspected of either murdering X or raping Y credibly and voluntarily confesses to have committed ‘a terrible crime’ but immediately after this utterance decides to remain silent. The remaining available evidence cannot prove beyond reasonable doubt the exact offence which he committed. Should such an accused be acquitted of both offences and evade the law or should a way be found to allow a conviction, although no specific offence can be proven beyond reasonable doubt? (...)
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  57. Frederick Schauer (forthcoming). On the Utility of Religious Toleration. Criminal Law and Philosophy:1-14.
    Brian Leiter’s Why Tolerate Religion? valuably clarifies the issues involved in granting religion-specific accommodations (and thus exceptions or exemptions) to laws and policies of general application. His arguments are careful, rigorous, and fair, and in rejecting the deontological arguments for religion-specific accommodations he seems to me largely correct. But when he turns to arguing against the utilitarian case for such accommodations, he employs a seemingly non-standard sense of utilitarianism in which demands of principled consistency constrain what would otherwise be utilitarian (...)
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  58. David Shoemaker (forthcoming). McKenna's Quality of Will. Criminal Law and Philosophy:1-14.
    In this paper, I investigate the role played by Quality of Will in Michael McKenna’s conversational theory of responsibility. I articulate and press the skeptical challenge against it, and then I show that McKenna has the (untapped) resources in his account to deflect it.
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  59. A. P. Simester & Andreas von Hirsch (forthcoming). On the Legitimate Objectives of Criminalisation. Criminal Law and Philosophy:1-13.
    We discuss and respond to the contributions of Tatjana Hörnle, John Kleinig, and John Stanton-Ife, and clarify some aspects of the arguments made in Crimes, Harms, and Wrongs.
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  60. William Smith (forthcoming). The Burdens of Conviction: Brownlee on Civil Disobedience. Criminal Law and Philosophy:1-14.
    Kimberley Brownlee’s Conscience and Conviction offers a powerful defence of civil disobedience as a conscientious and communicative mode of protest. The overall argument of the book is important and compelling, but this critical commentary explores certain aspects of Brownlee’s view that warrant further consideration and clarification. Those aspects relate to her suggestion that civil disobedience is a dialogic mode of communication, her attempt to ground a moral right of civil disobedience in a principle of humanism, and her belief that the (...)
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  61. John Stanton-Ife (forthcoming). What is the Harm Principle For? Criminal Law and Philosophy:1-25.
    In their excellent monograph, Crimes, Harms and Wrongs, Andrew Simester and Andreas von Hirsch argue for an account of legitimate criminalisation based on wrongfulness, the Harm Principle and the Offence Principle, while they reject an independent anti-paternalism principle. To put it at its simplest my aim in the present paper is to examine the relationship between ‘the harms’ and ‘the wrongs’ of the authors’ title. I begin by comparing the authors’ version of the Harm and Offence Principle with some other (...)
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  62. Findlay Stark (forthcoming). Andrew Ashworth, Lucia Zedner and Patrick Tomlin (Eds): Prevention and the Limits of the Criminal Law. Criminal Law and Philosophy:1-6.
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  63. Victor Tadros (forthcoming). Answers. Criminal Law and Philosophy:1-30.
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  64. Hannah Tierney (forthcoming). A Pilgrimage Through John Martin Fischer's Deep Control: Essays on Free Will and Value. Criminal Law and Philosophy:1-18.
    John Martin Fischer’s most recent collection of essays, Deep Control: Essays on Free Will and Value, is both incredibly wide-ranging and impressively detailed. Fischer manages to cover a staggering amount of ground in the free will debate, while also providing insightful and articulate analyses of many of the positions defended in the field. In this collection, Fischer focuses on the relationship between free will and moral responsibility. In the first section of his book, Fischer defends Frankfurt cases as an important (...)
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  65. Mark Tunick (forthcoming). Should We Aim for a Unified and Coherent Theory of Punishment? Criminal Law and Philosophy:1-18.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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  66. Suzanne Uniacke (forthcoming). Punishment as Penalty. Criminal Law and Philosophy:1-11.
    The paper’s central focus is the ‘duty’ theory of punishment developed by Victor Tadros in The Ends of Harm. In evaluating the ‘duty’ theory we might ask two broad closely related questions: whether in its own terms the ‘duty’ theory provides a justification of the imposition of hard treatment or suffering on an offender; and whether the ‘duty’ theory can provide a justification of punishment. This paper is principally concerned with the second question, which stems from a significant difference between (...)
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  67. Shlomit Wallerstein (forthcoming). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy:1-18.
    By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to judge certain crimes. (...)
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  68. Gary Watson (forthcoming). Raz on Responsibility. Criminal Law and Philosophy:1-15.
    Standard treatments of responsibility have been preoccupied with issues of blame and punishment, and concerns about free will. In contrast, Raz is concerned with problems about responsibility that arise from the “puzzle of moral luck,” puzzles that lead to misguided skepticism about negligence. We are responsible not only for conduct that is successfully guided by what we take to be our reasons for action, but also for misexercises of our rational capacities that escape our rational control. To deny this is (...)
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  69. Gideon Yaffe (forthcoming). In Defense of Criminal Possession. Criminal Law and Philosophy:1-31.
    Criminal law casebooks and treatises frequently mention the possibility that criminal liability for possession is inconsistent with the Voluntary Act Requirement, which limits criminal liability to that which includes an act or an omission. This paper explains why criminal liability for possession is compatible with the Voluntary Act Requirement despite the fact that possession is a status. To make good on this claim, the paper (1) defends the Voluntary Act Requirement, (2) offers an account of the nature of omissions of (...)
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  70. Leo Zaibert (forthcoming). Of Normal Human Sympathies and Clear Consciences: Comments on Hyman Gross's Crime and Punishment: A Concise Moral Critique. Criminal Law and Philosophy:1-18.
    Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales for punishment. (...)
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