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

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  1.  10
    Mireille Hildebrandt (2010). The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy. [REVIEW] Criminal Law and Philosophy 4 (2):161-181.
    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.  6
    Clifton Perry (2004). A Reductio Ad Absurdum of Restricted, Tribal Criminal Jurisdiction. International Journal of Applied Philosophy 18 (2):253-262.
    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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  3.  56
    Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.
    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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  4.  35
    Andrew Botterell (2013). Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW] University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  5.  53
    Antony Duff (ed.) (1998). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.
    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 (...)
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  6. John Deigh & David Dolinko (eds.) (2011). The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
    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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  7.  33
    Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.
    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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  8.  23
    John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.
    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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  9. 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
  10.  25
    Shlomit Wallerstein (2015). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy 9 (1):123-140.
    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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  11.  11
    Kimberley Brownlee (2013). Digging Up, Dismantling, and Redesigning the Criminal Law. Criminal Law and Philosophy 7 (1):169-178.
    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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  12.  18
    Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.
    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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  13. Douglas N. Husak (1987). Philosophy of Criminal Law. Rowman & Littlefield.
    This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the central topics in the field, including the grounds of criminal liability, relative culpability, the role of defences, and the justification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work, and exploring the goals of criminal theory.
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  14.  8
    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.
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  15. Lennart Nordenfelt (1992). On Crime, Punishment, and Psychiatric Care: An Introduction to Swedish Philosophy of Criminal Law and Forensic Psychiatry. Almqvist & Wiksell International.
  16.  21
    Alejandro Chehtman (2010). The Philosophical Foundations of Extraterritorial Punishment. Oxford University Press.
    This book provides the first full account, explanation, and critique of extraterritorial punishment in international law.
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  17.  16
    Douglas Husak (2013). The Philosophy of Criminal Law: Extending the Debates. [REVIEW] Criminal Law and Philosophy 7 (2):351-365.
    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.  8
    Youngjae Lee (2014). What is Philosophy of Criminal Law? Criminal Law and Philosophy 8 (3):671-685.
    Introduction: State-Centered and Individual-Centered TheoriesWhat is philosophy of criminal law? The seventeen essays in this book, as a whole, provide an excellent place to start in answering that question. Editors John Deigh and David Dolinko state that they put together this volume of “seventeen original essays by leading thinkers in the philosophy of the criminal law” in order to create “an authoritative handbook” representing “the state of current research on the major topics in the field that (...)
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  19.  3
    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.
    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 (...)
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  20.  14
    Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.
    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, (...)
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  21.  10
    Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.
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  22. 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
     
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  23.  5
    Douglas Husak (2009). Gardner on the Philosophy of Criminal Law. Oxford Journal of Legal Studies 29 (1):169-187.
    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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  24. Jørn Jacobsen (2014). Philosophy, Theory and Criminal Law. Jurisprudence 5 (1):209-216.
    Philosophy, Theory and Criminal Law: A Review of Fran?ois Tanguay-Renaud and James Stribopoulos , Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational and International Criminal Law.
     
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  25.  10
    Victor Tadros (2013). Introduction: Political Philosophy and Criminal Justice. [REVIEW] Criminal Law and Philosophy 7 (2):179-184.
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  26.  9
    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.
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  27. R. A. Duff (1998). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.
    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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  28. R. A. Duff (2009). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.
    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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  29. R. A. Duff (2011). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.
    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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  30.  5
    Anthony Kenny & R. A. Duff (1991). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Quarterly 41 (164):378.
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  31.  1
    Robert W. Hoag (1992). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Books 33 (2):114-116.
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  32.  87
    Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  33. Roger Shiner (2012). Douglas Husak , The Philosophy of Criminal Law . Reviewed By. Philosophy in Review 32 (1):30-32.
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  34.  58
    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.
    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 (...)
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  35. James Fitzjames Stephen (1996). A History of the Criminal Law of England. Routledge.
    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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  36. Jonathan Schonsheck (1994). On Criminalization an Essay in the Philosophy of the Criminal Law.
     
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  37. Antony Duff & N. E. Simmonds (eds.) (1984). Philosophy and the Criminal Law. Steiner.
     
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  38. Gideon Yaffe (2010). Attempts: In the Philosophy of Action and the Criminal Law. OUP Oxford.
    Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.
     
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  39. Larry Alexander (2004). The Philosophy of Criminal Law. In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. OUP Oxford
     
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  40.  15
    Steven Tudor (2012). Attempts in the Philosophy of Action and the Criminal Law – By Gideon Yaffe. Journal of Applied Philosophy 29 (1):84-86.
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  41. Larry Alexander (2002). Philosophy of Criminal Law. In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. OUP Oxford
     
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  42. William A. Edmundson (1999). Antony Duff, Ed., Philosophy and the Criminal Law: Principle and Critique Reviewed By. Philosophy in Review 19 (5):325-327.
     
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  43. Chad Flanders & Zachary Hoskins (eds.) (2015). The New Philosophy of Criminal Law. Rowman & Littlefield International.
    This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.
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  44. John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press Uk.
    John Gardner's writings on the theory of criminal law have had a significant impact on the way that this subject is understood by legal scholars and philosophers. This book collects together a selection of his best-known and most provocative pieces. John Gardner tackles persistent and troublesome questions about the philosophical foundations of the criminal law. Which wrongs are suitable to be crimes and why? What are the conditions of criminal responsibility, and how do they relate to the (...)
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  45. Neil MacCormick (1987). Antony Duff and Nigel Simmonds, Eds., Philosophy and the Criminal Law Reviewed By. Philosophy in Review 7 (5):190-192.
     
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  46. Neil Maccormick (1987). Antony Duff and Nigel Simmonds, Eds., Philosophy and the Criminal Law. [REVIEW] Philosophy in Review 7:190-192.
     
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  47. Mark Thornton (2010). Book Review of John Gardner’s Offences and Defences: Selected Essays in the Philosophy of Criminal Law. [REVIEW] Canadian Journal of Law and Jurisprudence 23 (1):255-262.
    This volume contains eleven previously published essays on criminal law together with a new "Reply to Critics" by the Professor of Jurisprudence at Oxford, John Gardner. The principal themes of the essays, covering offences, defences, and punishment, are summarized in this review, which also highlights areas of controversy and various lines of criticism.
     
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  48. Mark Thornton (2013). Book Review: Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Law, Edited by François Tanguay-Renaud & James Stribopoulos. [REVIEW] Canadian Journal of Law and Jurisprudence 26 (1):243-249.
    Professor John Gardner says on the jacket, “these essays – without exception insightful and penetrating – set a high standard for the rest of us to aspire to.” This collection of 15 essays by 16 Canadian authors originated in a conference at Osgoode Hall Law School, York University. The majority of contributors are based in southern Ontario . Two are from western Canada , two from the UK and one from the US . The essays are arranged in three parts, (...)
     
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  49. Gideon Yaffe (2012). Attempts: In the Philosophy of Action and the Criminal Law. Oxford University Press Uk.
    Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be (...)
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  50.  7
    Kimberley Brownlee (2009). Book Reviews:Offences and Defences: Selected Essays in the Philosophy of Criminal Law. [REVIEW] Ethics 119 (3):561-566.
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