Search results for 'Criminal jurisdiction Philosophy' (try it on Scholar)

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  1. 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: 288.0
    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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  2. Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.score: 189.0
    The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century (...)
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  3. Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.score: 177.0
    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 (...)
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  4. Alejandro Chehtman (2010). The Philosophical Foundations of Extraterritorial Punishment. Oxford University Press.score: 174.0
    This book provides the first full account, explanation, and critique of extraterritorial punishment in international law.
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  5. Kimberley Brownlee (2013). Digging Up, Dismantling, and Redesigning the Criminal Law. Criminal Law and Philosophy 7 (1):169-178.score: 171.0
    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 (...)
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  6. Shlomit Wallerstein (forthcoming). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy:1-18.score: 171.0
    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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  7. Antony Duff (ed.) (1998). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.score: 152.0
    Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, (...)
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  8. Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.score: 152.0
    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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  9. Andrew Botterell (2013). Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW] University of Toronto Law Journal 63 (1):152-158.score: 152.0
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  10. John Deigh & David Dolinko (eds.) (2011). The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.score: 152.0
    This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose (...)
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  11. Clifton Perry (2004). A Reductio Ad Absurdum of Restricted, Tribal Criminal Jurisdiction. International Journal of Applied Philosophy 18 (2):253-262.score: 144.0
    As Federal Indian Law has evolved, many questions have been posed regarding tribal jurisdiction. This paper examines the jurisdiction tribes have over member Indians, non-member Indians, and non-member, non-Indians. It addresses the ethical challenge faced by tribal attorneys who represent non-member Indian clients in a manner that ultimately undermines tribal sovereignty.
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  12. Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.score: 134.0
    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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  13. John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.score: 134.0
    The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.
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  14. François Tanguay-Renaud & James Stribopoulos (eds.) (2012). Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.score: 128.0
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  15. Douglas N. Husak (1987). Philosophy of Criminal Law. Rowman & Littlefield.score: 128.0
     
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  16. Lennart Nordenfelt (1992). On Crime, Punishment, and Psychiatric Care: An Introduction to Swedish Philosophy of Criminal Law and Forensic Psychiatry. Almqvist & Wiksell International.score: 128.0
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  17. Douglas Husak (2013). The Philosophy of Criminal Law: Extending the Debates. [REVIEW] Criminal Law and Philosophy 7 (2):351-365.score: 120.0
    Larry Alexander and Peter Westen each critically examine different topics from my recent collection of essays, The Philosophy of Criminal Law. Alexander focuses on my “Rapes Without Rapists,” “Mistake of Law and Culpability,” and “Already Punished Enough.” Westen offers a more extended commentary on my “Transferred Intent.” I briefly reply to each critic in turn and try to extend the debates in new directions.
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  18. 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: 117.0
    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 (...)
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  19. David Luban (2010). Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oup Oxford.score: 117.0
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  20. James Fitzjames Stephen (1996). A History of the Criminal Law of England. Routledge.score: 114.0
    As a practising lawyer and judge, it is the insights gained from Stephen's own experience that give an added practical dimension to this work. As well as his accounts of the history of the branches of the law, Stephen gives several fascinating analyses of famous trials, and explores the relation of madness to crime and the relation of law to ethics, physiology, and mental philosophy. His discussion also includes the subjects of criminal responsibility, offences against the state, the (...)
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  21. Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.score: 108.0
    International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, (...)
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  22. Aimee Bolletino (2008). Crimes Against Humanity in Colombia: The International Criminal Court's Jurisdiction Over the May 2003 Attack on the Betoyes Guahibo Indigenous Reserve and Colombian Accountability. [REVIEW] Human Rights Review 9 (4):491-511.score: 108.0
    The Colombian military and the United Self-Defense Forces of Colombia (AUC) have committed systematic attacks against the Colombian people that violate international law. One such heinous incident took place in May 2003 at the Betoyes Guahibo indigenous reserve in Colombia. Unlike other acts of terror, the attack at the Reserve is well documented. Because of this, the attack on the Reserve is an excellent case for International Criminal Court (ICC) prosecution. This article exposes acts of cruelty and makes a (...)
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  23. Peter Westen (2008). Individualizing the Reasonable Person in Criminal Law. Criminal Law and Philosophy 2 (2):137-162.score: 99.0
    Criminal law commonly requires judges and juries to decide whether defendants acted reasonably. Nevertheless, issues of reasonableness fall into two distinct categories: (1) where reasonableness concerns events and states, including risks of which an actor is conscious, that can be justly assessed without regard to the actor’s individual traits, and (2) where reasonableness concerns culpable mental states and emotions that cannot justly be assessed without reference to the actor’s capacities. This distinction is significant because, while the reasonable person by (...)
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  24. Stephen Shute, John Gardner & Jeremy Horder (eds.) (1993). Action and Value in Criminal Law. Oxford University Press.score: 98.0
    In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break (...)
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  25. Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.score: 96.0
    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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  26. Victor Tadros (2013). Introduction: Political Philosophy and Criminal Justice. [REVIEW] Criminal Law and Philosophy 7 (2):179-184.score: 96.0
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  27. Matt Matravers (2011). John Gardner: Offences and Defences: Selected Essays in the Philosophy of Criminal Law. [REVIEW] Criminal Law and Philosophy 5 (2):231-235.score: 96.0
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  28. Jørn Jacobsen (2014). Philosophy, Theory and Criminal Law. Jurisprudence 5 (1):209-216.score: 96.0
    Philosophy, Theory and Criminal Law: A Review of Fran?ois Tanguay-Renaud and James Stribopoulos (eds), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational and International Criminal Law.
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  29. Douglas Husak (2009). Gardner on the Philosophy of Criminal Law. Oxford Journal of Legal Studies 29 (1):169-187.score: 96.0
    Offences and Defences is an outstanding collection of eleven of John Gardner's previously published papers in the philosophy of criminal law. I briefly examine his views on five central issues: his claims about basic responsibility and whether it should be construed as relational; his positions on agent neutrality; his arguments about whether moral and criminal wrongs are typically strict; his thoughts about the structure of defences, and, finally, what his account of rape reveals about the content of (...)
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  30. Youngjae Lee (forthcoming). What is Philosophy of Criminal Law? Criminal Law and Philosophy:1-15.score: 96.0
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  31. Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.score: 90.0
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  32. Kimberley Brownlee (2012). Social Deprivation and Criminal Justice. 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: 90.0
    This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...)
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  33. Ian Marsh (2004). Criminal Justice: An Introduction to Philosophies, Theories and Practice. Routledge.score: 90.0
    This new text will encourage students to develop a deeper understanding of the context and the current workings of the criminal justice system. Part One offers a clear, accessible and comprehensive review of the major philosophical aims and sociological theories of punishment, the history of justice and punishment, and the developing perspective of victimology. In Part Two, the focus is on the main areas of the contemporary criminal justice system including the police, the courts and judiciary, prisons, and (...)
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  34. Thomas A. Nadelhoffer (2011). Criminal Law, Philosophy, and Psychology : Working at the Cross-Roads. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.score: 90.0
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  35. Roger Shiner (2012). Douglas Husak , The Philosophy of Criminal Law . Reviewed By. Philosophy in Review 32 (1):30-32.score: 90.0
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  36. Anthony Kenny & R. A. Duff (1991). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Quarterly 41 (164):378.score: 84.0
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  37. Antony Duff & N. E. Simmonds (eds.) (1984). Philosophy and the Criminal Law. Steiner.score: 84.0
     
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  38. Robert W. Hoag (1992). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Books 33 (2):114-116.score: 84.0
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  39. Barbara Hudson (2003). Understanding Justice: An Introduction to Ideas, Perspectives, and Controversies in Modern Penal Theory. Open University Press.score: 80.0
    * Why should offenders be punished - what should punishments be designed to achieve? * Why has imprisonment become the normal punishment for crime in modern industrial societies? * What is the relationship between theories of punishment and the actual penalties inflicted on offenders? This revised and updated edition of a highly successful text provides a comprehensive account of the ideas and controversies that have arisen within law, philosophy, sociology and criminology about the punishment of criminals. Written in a (...)
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  40. Alan W. Norrie (2000). Punishment, Responsibility, and Justice: A Relational Critique. Oxford University Press.score: 80.0
    This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.
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  41. Antony Duff & Stuart P. Green (eds.) (2011). Philosophical Foundations of Criminal Law. Oxford University Press.score: 80.0
    Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways ...
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  42. George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.score: 80.0
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study (...)
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  43. Stephen Shute & A. P. Simester (eds.) (2002). Criminal Law Theory: Doctrines of the General Part. Oxford University Press.score: 80.0
    Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.
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  44. William Wilson (2002). Central Issues in Criminal Theory. Hart Pub..score: 80.0
    Informed by this premise the book explores some of the key questions in criminal theory, addressing first the ethics of criminalisation and punishment.
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  45. Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.score: 80.0
    This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they ...
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  46. Kimberley Brownlee (2010). Responsibilities of Criminal Justice Officials. Journal of Applied Philosophy 27 (2):123-139.score: 78.0
    In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of their offices. (...)
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  47. Thomas Søbirk Petersen (2010). New Legal Moralism: Some Strengths and Challenges. [REVIEW] Criminal Law and Philosophy 4 (2):215-232.score: 78.0
    The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges made (...)
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  48. Alec D. Walen (2008). Comments on Doug Husak: The Low Cost of Recognizing (and of Ignoring) the Limited Relevance of Intentions to Permissibility. Criminal Law and Philosophy 3 (1):71-78.score: 78.0
    Doug Husak frames a worry that makes sense in the abstract, but in reality, there is not much to worry about. The thesis that intentions are irrelevant to permissibility (IIP) is a straw man. There are reasons to think that the moral significance of intentions is not properly registered in criminal law. But the moral basis for criticism is not nearly as extreme as the IIP, and the fixes are not that hard to make. Lastly, if they are not (...)
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  49. John Tasioulas (2009). Philosophy, Criticism and Community: A Response to Duff. Journal of Applied Philosophy 26 (3):259-268.score: 78.0
    abstract A critical discussion of R. A. Duff's account of 'internal' and 'external' criticism using two examples drawn from recent work on international justice — Pogge on global poverty and Duff on international criminal jurisdiction.
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  50. Steven Tudor (2012). Attempts in the Philosophy of Action and the Criminal Law – By Gideon Yaffe. Journal of Applied Philosophy 29 (1):84-86.score: 78.0
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