Search results for 'Biotechnology Criminal provisions' (try it on Scholar)

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  1. Amel Alghrani, Rebecca Bennett & Suzanne Ost (eds.) (2012). Bioethics, Medicine, and the Criminal Law: The Criminal Law and Bioethical Conflict: Walking the Tightrope. Cambridge University Press.score: 243.0
    Machine generated contents note: 1. Introduction - when criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? Amel Alghrani, Rebecca Bennett and Suzanne Ost; Part I. Death, Dying, and the Criminal Law: 2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths; 3. Five flawed arguments for decriminalising euthanasia John Keown; 4. Euthanasia excused: between prohibition and permission Richard Huxtable; (...)
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  2. Amel Alghrani, Rebecca Bennett & Suzanne Ost (eds.) (2013). Bioethics, Medicine, and the Criminal Law. Cambridge University Press.score: 243.0
    Machine generated contents note: 1. Introduction - when criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? Amel Alghrani, Rebecca Bennett and Suzanne Ost; Part I. Death, Dying, and the Criminal Law: 2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths; 3. Five flawed arguments for decriminalising euthanasia John Keown; 4. Euthanasia excused: between prohibition and permission Richard Huxtable; (...)
     
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  3. Public Acceptability of Agricultural Biotechnology (1995). Biotechnology: An Agricultural Revolution. In T. B. Mepham, G. A. Tucker & J. Wiseman (eds.), Issues in Agricultural Bioethics. Nottingham University Press.score: 180.0
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  4. Roger Wertheimer (1991). Preferring Punishment of Criminals Over Provisions for Victims. In D. Sank & D. Caplan (eds.), To Be a Victim. Plenum.score: 78.0
    Victims of crime have long been victimized by our criminal justice system. Why? And why has the movement to rectify this been so late coming?
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  5. Justinas Žilinskas (2009). Broadening the Concept of Genocide in Lithuania's Criminal Law and the Principle Nullum Crimen Sine Lege. Jurisprudence 118 (4):333-348.score: 66.0
    The present article discusses the broadening of the concept of genocide in Lithuanian national criminal law with regard to the principle of nullum crimen sine lege. The broadened definition, which includes two groups, social and political raises serious problems when the national provisions on genocide are applied retroactively. However, in the case of Lithuania, such a broadening of the definition may be interpreted not as an introduction of distinct independent groups, but of groups that closely overlap with the (...)
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  6. Olena Grebeniuk (2013). Main Challenges and Prospects of Improving Ukrainian Legislation on Criminal Liability for Crimes Related to Drug Testing in the Context of European Integration. Jurisprudence 20 (3):1249-1270.score: 66.0
    The proposed article provides an overview of European and North American states’ legislation, which regulates the procedure for pre-clinical research, clinical trials and state registration of medicinal products, as well as responsibility for its violation, analysis of the problems and prospects of adaptation of the national legislation to European legal space, particularly in the field of criminal and legal regulation of relations in the sphere of pre-clinical trials, clinical trials and state registration of medicine. The emphasis is put on (...)
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  7. Jonas Prapiestis & Agnė Baranskaitė (2011). The Basics of the Principle of Legal Concord in Criminal Law (article in German). Jurisprudence 18 (1):285-302.score: 66.0
    In societies of high legal culture, criminal law is regarded as a protective and repressive measure of the state, as an imperative of crime and inevitable punishment (as a strict rule). Therefore, the article attempts to show the fact that the entirety of the provisions and norms of criminal law, consolidated in a modern democratic state under the rule of law (or, at least, a state that is attempting to become such a state), allows for the assertion (...)
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  8. Jolanta Zajančkauskienė (2010). The Suspect's (Indictee's) Criminal Procedural Capability (text only in German). Jurisprudence 122 (4):245-259.score: 66.0
    The parties of the criminal process, possessing the same procedural status (the suspects, indictees), must also have the same rights and obligations; however, if such “differences” as mental disability exists between them, discrimination of the rights and obligations is objectively justifiable. Otherwise, deviation from the constitutional principles of equality between the lawful state and the persons would occur.The article is aimed at substantiating the suspect’s (indictee’s) procedural capability, which is predetermined by the person’s psychic condition. The article starts with (...)
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  9. Junxin Kang (2009). Sheng Ming Xing Fa Yuan Li. Yuan Zhao Chu Ban You Xian Gong Si.score: 56.0
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  10. Changqiu Liu (2006). Sheng Ming Ke Ji Fan Zui Ji Qi Xing Fa Ying Dui Ce Lüe Yan Jiu. Fa Lü Chu Ban She.score: 56.0
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  11. Richard L. Lippke (2014). Chronic Temptation, Reasonable Firmness and the Criminal Law. Oxford Journal of Legal Studies 34 (1):75-96.score: 54.0
    The criminal law requires citizens to demonstrate ‘reasonable firmness’ in the face of temptations to violate its provisions. But what if individuals repeatedly face powerful temptations to offend, are not responsible for being in such predicaments, cannot escape them, and cannot alter or expunge their desires because they count as urgent on any plausible account of a decent human life? Should the criminal law make some sort of allowance for the chronically tempted? I argue that it should, (...)
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  12. Jolanta Zajanckauskiene (2010). Criminal Procedure Involving the Disabled Persons (text only in German. Jurisprudence 119 (1):331-349.score: 54.0
    The present article is aimed at substantiating the differentiation of the criminal procedure involving the disabled persons as well as at assessing some standards of protection of rights of the latter participants of the procedure, established in the Code of Criminal Procedure of the Republic of Lithuania. The provisions of the Constitutional Court of the Republic of Lithuania, given in the present article, enabled generalizing the following two aspects. The first aspect covers the substantiation of the (...) procedure relating to the criminal acts that the physically or mentally disabled persons are suspected (accused) of and application of compulsory medical measures. Specific form of criminal procedure – procedure of application of compulsory medical measures – institution of criminal procedure, covering several closely interdependent legal norms, establishing particular legal specifics of investigation of criminal act and hearing, is established in the separate structural part (Chapter XXIX) of the Code of Criminal Procedure of the Republic of Lithuania. Moreover, though the criminal procedure relating to the acts that the physically or mentally disabled persons are suspected (accused) of is not governed in one place of the Code of Criminal Procedure, it is deemed to be a specific form of criminal procedure, since it constitutes particular related legal norms of criminal procedure, determining the exceptions of the general criminal procedure. The second aspect, related to the constitutional doctrine concerning the equality principle, enabled substantiating the specific legal regulation, established and applied to the disabled participants (suspected persons, accused persons, witnesses, aggrieved persons) in the Law on Criminal Procedure. (shrink)
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  13. Paresh Kathrani (2011). Asylum Law or Criminal Law: Blame, Deterrence and the Criminalisation of the Asylum. Jurisprudence 18 (4):1543-1554.score: 48.0
    Although the Refugee Convention 1951 generally provided that contracting states should recognise those who came within its definition as refugees, it did not prescribe how contracting states should determine this in order to enable them to balance this obligation with their national interests. However, evidence from the background and drafting of the Refugee Convention 1951 suggests that the provisions that a contracting states would implement in order to protect its interests would be commensurate with the human rights spirit of (...)
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  14. Lucinda Vandervort (2005). The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4). Criminal Law Quarterly 50 (4):441-452.score: 42.0
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
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  15. Oleg Fedosiuk (2012). Criminal Legislation Against Illegal Income and Corruption: Between Good Intentions and Legitimacy. Jurisprudence 19 (3):1215-1233.score: 38.0
    Recently (2010–2011) new criminal legislation to combat illegal income and corruption was passed and publicly discussed in Lithuania. Within the list of the new legal measures, special attention should be paid to criminalisation of illicit enrichment, establishment of a model of extended property confiscation, reinforcement of responsibility for corruption-related offenses, a provision that not only property but also personal benefits may constitute a bribe. It can be seen from the explanatory letters attached to the draft laws and the political (...)
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  16. Lucinda Vandervort (2005). Sexual Assault: Availability of the Defence of Belief in Consent. Canadian Bar Review 84 (1):89-105.score: 36.0
    Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.
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  17. Siti Hafsyah Idris, Lee Wei Chang & Azizan Baharuddin (2013). Biosafety Act 2007: Does It Really Protect Bioethical Issues Relating To GMOS. [REVIEW] Journal of Agricultural and Environmental Ethics 26 (4):747-757.score: 36.0
    Despite the (serious) global concerns about the safety and genetic stability of genetically modified organisms, the Malaysian National Biosafety Board (NBB) has recently approved the field testing for genetically modified (GM) male mosquitoes. With this development, bioethical issues, which in some respect could adversely impinge on the social, economic and environmental aspects of the society, have surfaced, and these concerns must be addressed by the authorities concerned. In reviewing this application, the National Biosafety Board has followed the requirements of the (...)
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  18. Rima Ažubalytė (2010). A Victim's Right to Access Justice (text only in Lithuanian). Jurisprudence 122 (4):221-244.score: 36.0
    The right of a person, who is a victim of a criminal act, to access justice (court) according to the criminal legal order, is analyzed in this article. The right to appeal to a court is analyzed as a constituent part of the principle of accessibility to legal defence. Pre-eminently, the general constitutional fundamentals of the right towards legal defence are estimated. The provisions of the jurisprudence of the Constitutional Court of Lithuania, i.e. that the right towards (...)
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  19. Raimundas Jurka (2011). European Arrest Warrant: Some Questions on Legal Interpretation and Application. Jurisprudence 18 (1):327-343.score: 36.0
    The paper deals with certain aspects of the interpretation and application of the law pertaining to the European Arrest Warrant (EAW), which are related to a person’s right to question the possibility of criminal prosecution as well as to the impossibility of execution of criminal prosecution in respect of a person who was not surrendered to the Republic of Lithuania. It is observed that the procedures of the execution of the EAW in legal practice, as distinct from their (...)
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  20. Darius Sauliūnas (2010). Legislation on Cybercrime in Lithuania: Development and Legal Gaps in Comparison with Convention on Cybercrime. Jurisprudence 122 (4):203-219.score: 36.0
    The Convention on Cybercrime (the Convention) adopted in the framework of the Council of Europe is the main international legislative tool in the fight against cybercrime. It is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. Lithuania is among its signatory states, therefore, the provisions of the Convention have become binding on its legislator, obliging it to take all (...)
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  21. Indrė Lechtimiakytė (2013). Preservation of Environment in Times of Non-International Armed Conflict. Legal Framework, Its Sufficiency and Suggestions. Jurisprudence 20 (2):569-590.score: 36.0
    Environmental protection in times of armed conflicts, irrespective internal or international, is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interaction of warfare and environmental protection in non-international hostilities. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article the author reviews written and customary norms laid down (...)
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  22. Antony Duff (forthcoming). Symposium on Preventive Justice Preface. Criminal Law and Philosophy:1-2.score: 34.0
    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 (...)
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  23. Lucinda Vandervort (2012). 'Too Young to Sell Me Sex!?' Mens Rea, Mistake of Fact, Reckless Exploitation, and the Underage Sex Worker. Criminal Law Quarterly 58 (3/4):355-378.score: 30.0
    In 1987, apprehension that “unreasonable mistakes of fact” might negative mens rea in sexual assault cases led the Canadian Parliament to enact “reasonable steps” requirements for mistakes of fact with respect to the age of complainants. The role and operation of the “reasonable steps” provisions in ss. 150.1(4) and (5) and, to a lesser extent, s. 273.2 of the Criminal Code, must be reassessed. Mistakes of fact are now largely addressed at common law by jurisprudence that has re-invigorated (...)
     
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  24. Nicole A. Vincent (2010). On the Relevance of Neuroscience to Criminal Responsibility. Criminal Law and Philosophy 4 (1):77-98.score: 27.0
    Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks – at least one for each (...)
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  25. 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.score: 27.0
    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 (...)
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  26. Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.score: 27.0
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide (...)
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  27. David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.score: 27.0
    This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure of substantive criminal law.
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  28. Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.score: 27.0
    How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books (...)
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  29. Jonathan Witmer-Rich (2011). It's Good to Be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law. [REVIEW] Criminal Law and Philosophy 5 (3):377-398.score: 27.0
    What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it (...)
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  30. Albert W. Dzur (2012). Participatory Democracy and Criminal Justice. Criminal Law and Philosophy 6 (2):115-129.score: 27.0
    This essay asks if there is a role for an active public in ratcheting down the harsh politics of crime control in the United States and the United Kingdom that has led to increased use of the criminal law and greater severity in punishment. It considers two opposing answers offered by political and legal theorists and then begins to develop a participatory democratic framework for institutional reform.
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  31. Nicola Lacey (2010). Psychologising Jekyll, Demonising Hyde: The Strange Case of Criminal Responsibility. [REVIEW] Criminal Law and Philosophy 4 (2):109-133.score: 27.0
    This paper puts the famous story of Jekyll and Hyde to work for a specific analytic purpose. The question of responsibility for crime, complicated by the divided subjectivity implicit in Mr. Hyde’s appearance, and illuminated by Robert Louis Stevenson’s grasp of contemporary psychiatric, evolutionary and medical thought as promising new technologies for effecting a distinction between criminality and innocence, is key to the interest of the story. I argue that Jekyll and Hyde serves as a powerful metaphor both for specifically (...)
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  32. Lucia Zedner (2014). Terrorizing Criminal Law. Criminal Law and Philosophy 8 (1):99-121.score: 27.0
    The essays in Waldron’s Torture, Terror, and Trade-Offs have important implications for debates about the criminalization of terrorism and terrorism-related offences and its consequences for criminal law and criminal justice. His reflections on security speak directly to contemporary debates about the preventive role of the criminal law. And his analysis of inter-personal security trade-offs invites much closer attention to the costs of counter-terrorism policies, particularly those pursued outside the criminal process. But is Waldron right to speak (...)
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  33. Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.score: 27.0
    This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process (...)
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  34. Kai Ambos (2013). The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW] Criminal Law and Philosophy:1-29.score: 27.0
    Current International Criminal Law (‘ICL’) suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’ (supranational right to punish), ‘overall function’ and ‘purposes of punishment’ (For clarification of these basic questions, see Ambos in Oxf J Legal Stud 33:293–315, 2013b. Of course, there are many possible conceptualisations of the basic questions facing any theory of criminal law see, for example, Murphy in Columbia Law Rev 87:509–532, 1987. Yet, taking the perspective of ICL, I would (...)
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  35. Kimberley Brownlee (2013). Digging Up, Dismantling, and Redesigning the Criminal Law. Criminal Law and Philosophy 7 (1):169-178.score: 27.0
    The criminal law raises wonderfully thorny foundational questions. Some of these questions are conceptual: What is a plausible conception of crime ? What is a plausible conception of criminal law ? Some of these questions are genealogical: What are the historical and genealogical roots of the criminal law in a particular jurisdiction? Other questions are evaluative: What are the political and moral values on which a given conception of criminal law depends? What kind of rational reconstruction, (...)
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  36. Mireille Hildebrandt (2010). The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy. [REVIEW] Criminal Law and Philosophy 4 (2):161-181.score: 27.0
    In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such (...)
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  37. Hock Lai Ho (forthcoming). The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence. Criminal Law and Philosophy:1-23.score: 27.0
    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 (...)
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  38. Shlomit Wallerstein (forthcoming). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy:1-18.score: 27.0
    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 (...)
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  39. Miriam Gur-Arye (2012). Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW] Criminal Law and Philosophy 6 (2):187-205.score: 27.0
    The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us (...)
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  40. Mireille Hildebrandt (2008). Ambient Intelligence, Criminal Liability and Democracy. Criminal Law and Philosophy 2 (2):163-180.score: 27.0
    In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant (...)
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  41. George Pavlich (2007). The Lore of Criminal Accusation. Criminal Law and Philosophy 1 (1):79-97.score: 27.0
    In crime-obsessed cultures, the rudimentary trajectories of criminalizing processes are often overlooked. Specifically, processes of accusation that arrest everyday life, and enable possible enunciations of a criminal identity, seldom attract sustained attention. In efforts at redress, this paper considers discursive reference points through which contextually credible accusations of ‘crime’ are mounted. Focusing particularly on the ethical dimensions of what might be considered a ‘lore’ (rather than law) of criminal accusation, it examines several ways that exemplary cases reflect paradigms (...)
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  42. Thomas Giddens (forthcoming). Criminal Responsibility and the Living Self. Criminal Law and Philosophy:1-18.score: 27.0
    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 (...)
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  43. Matthew Lister (2009). Criminal Law Conversations: &Quot;dESERT: EMPIRICAL, NOT METAPHYSICAL" and "CONTRACTUALISM AND THE SHARING OF WRONGS&Quot;. In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.score: 27.0
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  44. Dana Kay Nelkin & Samuel C. Rickless (forthcoming). The Relevance of Intention to Criminal Wrongdoing. Criminal Law and Philosophy:1-18.score: 27.0
    In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan (Crime and culpability: a theory (...)
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  45. Ekow N. Yankah (2013). Republican Responsibility in Criminal Law. Criminal Law and Philosophy:1-19.score: 27.0
    Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as (...)
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  46. Stephen P. Garvey (forthcoming). Canadian Scholars on Criminal Responsibility. Criminal Law and Philosophy:1-14.score: 27.0
    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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  47. Tracy Isaacs (forthcoming). International Criminal Courts and Political Reconciliation. Criminal Law and Philosophy:1-10.score: 27.0
    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 (...)
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  48. 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.score: 27.0
    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 (...)
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  49. Nina Peršak (2014). Criminal Law, the Victim and Community: The Shades of 'We' and the Conceptual Involvement of Community in Contemporary Criminal Law Theory. [REVIEW] Criminal Law and Philosophy 8 (1):205-215.score: 27.0
    The article addresses the argument, put forward by Lernestedt, that the proprietor of the ‘criminal-law conflict’ is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept (...)
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  50. Thomas Weigend (2014). Assuming That the Defendant Is Not Guilty: The Presumption of Innocence in the German System of Criminal Justice. Criminal Law and Philosophy 8 (2):285-299.score: 27.0
    The presumption of innocence is not a presumption but an assumption or legal fiction. It requires agents of the state to treat a suspect or defendant in the criminal process as if he were in fact innocent. The presumption of innocence has a limited field of application. It applies only to agents of the state, and only during the criminal process. The presumption of innocence as such does not determine the amount of evidence necessary to find a defendant (...)
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