Search results for 'Criminal act' (try it on Scholar)

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  1. Trade Practises Act (forthcoming). ACT Administrative Appeals Tribunal Decisions. Ethos.score: 120.0
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  2. Adjr Act (forthcoming). 75B of the TP Act (Gleeson CJ, Gummow, Hayne, Heydon, Cren-Nan JJ). Migration-Refugee Status-Fear of" Serious Harm" In VBAO V MIMIA [2006] HCA 60;(14 December 2006) the High Court Concluded That the Reference to the Threat of Serious. [REVIEW] Ethos.score: 120.0
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  3. An Act (1983). The Louisiana Creationism Act (1981). In J. Peter Zetterberg (ed.), Evolution Versus Creationism: The Public Education Controversy. Oryx Press. 394.score: 120.0
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  4. Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.score: 78.0
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions (...)
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  5. Robert Kinscherff (2010). Proposition: A Personality Disorder May Nullify Responsibility for a Criminal Act. Journal of Law, Medicine and Ethics 38 (4):745-759.score: 60.0
    This article argues in support of the proposition that “A Personality Disorder May Nullify Responsibility for a Criminal Act.” Building upon research in categorical and dimensional controversies in diagnosis, neurocognitive science and the behavioral genetics of mental disorders, and difficulties in differential diagnosis and co-morbidity with personality disorders, this article holds that a per se rule barring personality diagnosis as a basis for a defense of legal insanity is scientifically and conceptually indefensible. Rather, focus should be upon the severity (...)
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  6. Raimundas Jurka (2013). Entrapment as an Intrument in the Course of Making Evidence in Criminal Procedure. Jurisprudence 20 (1):249-265.score: 54.0
    This article refers to the analysis of types of entrapment while gathering evidence in criminal proceedings. Based on the analysis of the laws of criminal procedure, theory and judicial practice, one could say that entrapment, as absolutely impermissible action in the course of simulation of a criminal act, could not be seen as mere pressure, active enticement or instigation to engage in criminal activity by restricting a person’s freedom of choice. As it happens, it is possible (...)
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  7. Jolanta Zajančkauskienė (2011). Questions of Compensation for Damage, Caused by the Criminally Insane Person's Criminal Act (article in German). Jurisprudence 18 (3):1145-1161.score: 54.0
    The present article is aimed at dealing with certain questions of compensation for damage, caused by the criminally insane person. Disposal of a civil action on compensation for damage, caused by the criminally insane person, in the criminal procedure is analyzed in the first part of the article. The subjects, who are responsible for compensating for damage, caused by the criminally insane person’s deed, are dealt with in the second part. Not only the respective rules of law, stated in (...)
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  8. Susan Dimock (2012). Intoxication and the Act/Control/Agency Requirement. Criminal Law and Philosophy 6 (3):341-362.score: 48.0
    Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at (...)
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  9. Andrew Botterell (2012). Understanding the Voluntary Act Principle. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.score: 48.0
    In broad outline, the chapter proceeds as follows. As indicated above, the Voluntary Act Principle has two components. The first part, the act component, claims that criminal liability can be imposed on an accused only for the performance of an act. The second part, the voluntariness component, claims that criminal liability can be imposed on an accused only for the voluntary performance of an act. I will argue that both components of the Voluntary Act Principle are in need (...)
     
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  10. Ann Alpers (1998). Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying. Journal of Law, Medicine and Ethics 26 (4):308-331.score: 45.0
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  11. A. Alpers (1998). Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying,” Joumal of Law, Medicine. In Stephen Everson (ed.), Ethics. Cambridge University Press. 6--26.score: 45.0
     
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  12. Peter R. Braude, Martin H. Johnson & Hester P. M. Pratt (1984). Science and Society: Should Medical Research Be Made a Criminal Act? Bioessays 1 (5):232-237.score: 45.0
  13. Stephen P. Garvey (forthcoming). Canadian Scholars on Criminal Responsibility. Criminal Law and Philosophy:1-14.score: 39.0
    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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  14. Douglas Husak (2011). An Alleged Act Requirement in the Criminal Law. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.score: 39.0
     
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  15. Antony Duff (2004). Action, the Act Requirement and Criminal Liability. Royal Institute of Philosophy Supplement 55:69-103.score: 36.0
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  16. Lijana Štarienė (2009). The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW] Jurisprudence 117 (3):263-284.score: 33.0
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...)
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  17. Justinas Sigitas Pečkaitis (2013). Criminal Liability for Negligent Accountancy. Jurisprudence 20 (1):343-357.score: 30.0
    This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in (...)
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  18. Romualdas Drakšas (2013). Some Problematic Issues of Criminal Liability for Misappropriation. Jurisprudence 20 (1):283-299.score: 30.0
    The act of “embezzlement” provided for in Article 183 of the Criminal Code of the Republic of Lithuania gives rise to a number of both theoretical and practical problems. First of all, various authors do not agree whether embezzlement constitutes a substantive or formal element. In the author’s opinion, embezzlement is deemed complete when possession of the property of others is taken illegally and there is a real possibility, perceived by the perpetrator, to manage it, to use it or (...)
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  19. Shixin Liu (2012). Xing Fa Zhong de Xing Wei Li Lun Yan Jiu. Ren Min Chu Ban She.score: 30.0
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  20. Laurynas Pakštaitis (2013). Illicit Enrichment as a Crime According to the Criminal Law of Lithuania: Origins, Problems of Criminalization, Implementation and Perspectives. Jurisprudence 20 (1):319-341.score: 30.0
    Recent developments in criminal legislation of the Republic of Lithuania among other significant novelties include the criminalization of illicit enrichment as criminal offence. Such offence presents new legal instrument for the law enforcement in dealing with individuals who acquire property in doubtful ways. The crime of illicit enrichment is rather a novelty within the context of criminal legislation. Such novelty was largely based upon the requirements of United Nations Convention against Corruption, which stipulates the implementation of such (...)
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  21. Mary Dominick (2008). The US Alien Tort Claims Act of 1789, the US Torture Victims Protection Act of 1992, and the Gongadze Case: A Right Without Adequate Remedy? [REVIEW] Human Rights Review 9 (4):545-547.score: 28.0
    The US 1992 Torture Victims Protection Act (TVPA) strengthens the reach of the 1789 Alien Tort Claims Act (ATCA) to US citizens alleging claims of torture and/or extrajudicial killings that occur abroad, but only if the plaintiffs were US citizens at the time of the criminal acts. Should the later-in-time statute, which gives effect to the United Nations Convention against Torture and extends remedies under the ATCA, be amended to apply to those given political asylum in this country from (...)
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  22. Aurelijus Gutauskas (2013). The Peculiarities of Qualification of Criminal Offences, Related to Narcotic and Psychotropic Substances. Jurisprudence 20 (2):775-786.score: 28.0
    Today, a rapidly spreading drug addiction is one of the most relevant problems in Lithuania. It is possible to state without reservation that it has become a threatening social phenomenon. Drug addiction is considered to be one of the national threats. Trafficking in narcotic and psychotropic substances is being conducted on an international level, destroying states’ economic and political welfare. The use of these substances has a negative impact on human mental and physical health, ruins human personality and produces other (...)
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  23. Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.score: 27.0
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake (...)
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  24. Oleg Fedosiuk (2012). Criminal Liability as a Last Resort (Ultima Ratio): Theory and Reality. Jurisprudence 19 (2):715-738.score: 27.0
    The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept based on (...)
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  25. Gerben Meynen (2010). Free Will and Psychiatric Assessments of Criminal Responsibility: A Parallel with Informed Consent. [REVIEW] Medicine, Health Care and Philosophy 13 (4):313-320.score: 27.0
    In some criminal cases a forensic psychiatrist is asked to make an assessment of the state of mind of the defendant at the time of the legally relevant act. A considerable number of people seem to hold that the basis for this assessment is that free will is required for legal responsibility, and that mental disorders can compromise free will. In fact, because of the alleged relationship between the forensic assessment and free will, researchers in forensic psychiatry also consider (...)
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  26. Jolanta Zajančkauskienė (2010). The Suspect's (Indictee's) Criminal Procedural Capability (text only in German). Jurisprudence 122 (4):245-259.score: 27.0
    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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  27. Peter K. Westen (2007). Why Criminal Harms Matter: Plato's Abiding Insight in the Laws. [REVIEW] Criminal Law and Philosophy 1 (3):307-326.score: 24.0
    Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard (...)
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  28. Vera Bergelson (2009). The Case of Weak Will and Wayward Desire. Criminal Law and Philosophy 3 (1):19-28.score: 24.0
    In this article, I confront Garvey’s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime. I attempt to refute Garvey’s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not (...)
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  29. Jolanta Zajanckauskiene (2010). Criminal Procedure Involving the Disabled Persons (text only in German. Jurisprudence 119 (1):331-349.score: 24.0
    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 criminal (...)
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  30. Nicole A. Vincent (2010). On the Relevance of Neuroscience to Criminal Responsibility. Criminal Law and Philosophy 4 (1):77-98.score: 21.0
    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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  31. Andrew Ashworth & Lucia Zedner (2008). Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions. Criminal Law and Philosophy 2 (1):21-51.score: 21.0
    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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  32. 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: 21.0
    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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  33. Tamler Sommers, The Intellectually Modest Criminal.score: 21.0
    Michael Smith’s The Moral Problem gives an admirably straightforward condition for moral rightness: an act is morally right in circumstance C only if under conditions of full rationality we would all want to perform that act. I will assume that this condition, if met, would make acts objectively right and therefore vindicate a robust form of metaethical realism. There remains the question, however, of whether this condition can be met. Smith considers several arguments that it cannot, and this paper will (...)
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  34. David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.score: 21.0
    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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  35. Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.score: 21.0
    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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  36. 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: 21.0
    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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  37. Jesper Ryberg & Thomas S. Petersen (2013). Neurotechnological Behavioural Treatment of Criminal Offenders—A Comment on Bomann-Larsen. Neuroethics 6 (1):79-83.score: 21.0
    Whether it is morally acceptable to offer rehabilitation by CNS-intervention to criminals as a condition for early release constitutes an important neuroethical question. Bomann-Larsen has recently suggested that such interventions are unacceptable if the offered treatment is not narrowly targeted at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen’s analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed (...)
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  38. Nicola Lacey (2010). Psychologising Jekyll, Demonising Hyde: The Strange Case of Criminal Responsibility. [REVIEW] Criminal Law and Philosophy 4 (2):109-133.score: 21.0
    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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  39. M. Brazier & S. Fovargue (2006). A Brief Guide to the Human Tissue Act 2004. Clinical Ethics 1 (1):26-32.score: 21.0
    The Human Tissue Act 2004 is designed to regulate the storage and use of organs and tissues from the living, and the removal, storage and use of the same material from the deceased. It repeals much criticized legislation, including the Human Tissue Act 1961, and establishes a Human Tissue Authority to ensure compliance with the Act via a licensing and monitoring regime. When the Act comes into force, probably in April 2006, it will be a criminal offence not to (...)
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  40. Albert W. Dzur (2012). Participatory Democracy and Criminal Justice. Criminal Law and Philosophy 6 (2):115-129.score: 21.0
    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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  41. Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.score: 21.0
    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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  42. Edita Gruodytė (2010). Problematic Aspects of Subject Matter in Criminal Deeds, Related to Illegal Disposition of Narcotic Drugs and Psychotropic Substances (text only in Lithuanian). Jurisprudence 122 (4):153-167.score: 21.0
    Lithuania’s legislation, establishing criminal liability for illegal disposition of narcotic drugs and psychotropic substances, uses two different terms while identifying the subject matter for criminal deeds: “narcotic and psychotropic substances” and “plants, incorporated into the lists of controlled substances.” The legislation in article 269 of the Lithuanian criminal code explains that narcotic and psychotropic substances, indicated in the respective chapter of the Lithuanian criminal code, shall be those substances that are included in the lists of narcotic (...)
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  43. 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: 21.0
    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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  44. George Pavlich (2007). The Lore of Criminal Accusation. Criminal Law and Philosophy 1 (1):79-97.score: 21.0
    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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  45. 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: 21.0
    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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  46. Carl Pacini, Judyth A. Swingen & Hudson Rogers (2002). The Role of the OECD and EU Conventions in Combating Bribery of Foreign Public Officials. Journal of Business Ethics 37 (4):385 - 405.score: 21.0
    The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention) obligates signatory nations to make bribery of foreign public officials a criminal act on an extraterritorial basis. The purposes of this article are to describe the nature and consequences of bribery, outline the major provisions of the OECD Convention, and analyze its role in promoting transparency and accountability in international business. While the OECD Convention is not expected to totally eliminate the seeking (...)
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  47. 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: 21.0
    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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  48. Lucia Zedner (2014). Terrorizing Criminal Law. Criminal Law and Philosophy 8 (1):99-121.score: 21.0
    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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  49. Ekow N. Yankah (2013). Republican Responsibility in Criminal Law. Criminal Law and Philosophy:1-19.score: 21.0
    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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  50. Kimberley Brownlee (2013). Digging Up, Dismantling, and Redesigning the Criminal Law. Criminal Law and Philosophy 7 (1):169-178.score: 21.0
    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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