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

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  1. 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.
    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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  2.  40
    Henrique Carvalho (forthcoming). Liberty and Insecurity in the Criminal Law: Lessons From Thomas Hobbes. Criminal Law and Philosophy:1-23.
    In this paper, I provide an extensive examination of the political theory of Thomas Hobbes in order to discuss its relevance to an understanding of contemporary issues and challenges faced by criminal law and criminal justice theory. I start by proposing that a critical analysis of Hobbes’s account of punishment reveals a paradox that not only is fundamental to understanding his model of political society, but also can offer important insights into the preventive turn experienced by advanced liberal (...)
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  3.  20
    Miriam Gur-Arye (2012). Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW] Criminal Law and Philosophy 6 (2):187-205.
    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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  4.  40
    David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.
    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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  5.  63
    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 to the definitions of genocide (...)
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  6.  31
    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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  7.  34
    Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.
    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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  8.  7
    Alexander Sarch (forthcoming). Double Effect and the Criminal Law. Criminal Law and Philosophy:1-27.
    American criminal law is committed to some version of the doctrine of double effect. In this paper, I defend a new variant of the agent-centered rationale for a version of DDE that is of particular relevance to the criminal law. In particular, I argue for a non-absolute version of DDE that concerns the relative culpability of intending a bad or wrongful state of affairs as opposed to bringing it about merely knowingly. My aim is to identify a particular (...)
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  9.  14
    Ryan Long (2014). Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law. International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, (...)
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  10.  18
    Kai Ambos (2015). The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW] Criminal Law and Philosophy 9 (2):301-329.
    Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order (...)
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  11.  33
    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.
    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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  12.  19
    Lucia Zedner (2014). Terrorizing Criminal Law. Criminal Law and Philosophy 8 (1):99-121.
    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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  13.  14
    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 reconstruction, (...)
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  14.  5
    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.
    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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  15.  7
    Matthew Lister (2009). Criminal Law Conversations: "Desert: Empirical, Not Metaphysical" and "Contractualism and the Sharing of Wrongs". In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
    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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  16.  17
    Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.
    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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  17.  31
    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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  18.  37
    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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  19.  63
    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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  20.  44
    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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  21.  18
    Yanping Liu (2015). Skopos Theory and Legal Translation: A Case Study of Examples From the Criminal Law of the P.R.C. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (1):125-133.
    Legal translation has become a principal means to unfold Chinese laws to the world in the global era and the study of it has proved to be of practical significance. Since the proper theory guidance is the key to the quality of LT translation, this paper focuses on the Skopos theory and the strategies applied in the practice of LT. A case study of LT examples from the Criminal Law of the P.R.C. has been made while briefly reviewing the (...)
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  22.  54
    George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.
    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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  23.  5
    Andrew Botterell (2009). Rethinking Criminal Law: Critical Notice: Truth, Error, and Criminal Law: An Essay in Legal Epistemologyby Larry Laudan. Canadian Journal of Law and Jurisprudence 22 (1):93-112.
    Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would (...)
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  24.  17
    Stephen Skinner (2013). Violence in Fascist Criminal Law Discourse: War, Repression and Anti-Democracy. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):439-458.
    This article constructs a critical historical, political and theoretical analysis of the essence of Fascist criminal law discourse in terms of the violence that shaped and characterised it. The article examines the significance of violence in key declarations about the role and purpose of criminal law by Alfredo Rocco, Fascist Minister of Justice and leading ideologue, in his principal speech on the final draft of the 1930 Italian Penal Code. It is grounded on the premise that criminal (...)
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  25. Jovana Davidovic (2015). Universal Jurisdiction and International Criminal Law. In Chad Flanders & Zach Hoskins (eds.), The New Philosophy of Criminal Law. Rowman & Littlefield 113-130.
    Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these (...)
     
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  26.  1
    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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  27. Alan Norrie (2007). Historical Differentiation, Moral Judgment and the Modern Criminal Law. Criminal Law and Philosophy 1 (3):251-257.
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  28.  89
    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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  29.  50
    Antony Duff & Stuart P. Green (eds.) (2011). Philosophical Foundations of Criminal Law. Oxford University Press.
    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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  30.  24
    Malcolm Thorburn (2011). The Constitution of Criminal Law: Justifications, Policing and the State's Fiduciary Duties. [REVIEW] Criminal Law and Philosophy 5 (3):259-276.
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  31.  10
    C. M. V. Clarkson (2008). Why Criminal Law? The Role of Utilitarianism: A Response to Husak. Criminal Law and Philosophy 2 (2):131-135.
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  32.  65
    François Tanguay-Renaud (2010). Understanding Criminal Law Through the Lens of Reason. Res Publica 16 (1):89-98.
    This is a review essay of Gardner, John. 2007, Offences and Defences: Selected Essays in the Philosophy of Criminal Law, Oxford: Oxford University Press, 288 pp.
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  33.  56
    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 contradictions, reflecting (...)
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  34.  38
    Alfonso Donoso M. (2010). Douglas Husak, Overcriminalization. The Limits of the Criminal Law. Criminal Law and Philosophy 4 (1):99-104.
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  35.  19
    Jan C. Joerden (2004). Placebo and Criminal Law. Science and Engineering Ethics 10 (1):65-72.
    This article considers issues concerning cases where the use of placebo is lawful or is not lawful under aspects of German criminal law. It will differentiate between cases of individual therapy and cases of supervised experiments within the scope of medical tests. Thereby, it reveals that a medication of placebo with regard to an individual patient seems to be lawful if there is no alternative possibility of a better treatment using a chemically effective medicine and if the limits of (...)
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  36.  36
    Stephen Shute & A. P. Simester (eds.) (2002). Criminal Law Theory: Doctrines of the General Part. Oxford University Press.
    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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  37.  29
    Richard L. Lippke (2008). Larry Laudan, Truth, Error, and Criminal Law: An Essay in Legal Epistemology. Criminal Law and Philosophy 2 (1):85-89.
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  38.  19
    C. M. V. Clarkson (2008). Why Criminal Law? The Role of Utilitarianism: A Response to Husak. [REVIEW] Criminal Law and Philosophy 2 (2):131-135.
  39.  7
    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.
    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 groups (...)
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  40.  13
    Rowan Cruft (2008). Liberalism and the Changing Character of the Criminal Law: Response to Ashworth and Zedner. [REVIEW] Criminal Law and Philosophy 2 (1):59-65.
  41.  16
    Arlie Loughnan (2008). R. A. Duff and Stuart Green (Eds), Defining Crimes: Essays on the Special Part of the Criminal Law. [REVIEW] Criminal Law and Philosophy 2 (3):309-312.
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  42.  13
    Alan Brudner (2009). Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW] Criminal Law and Philosophy 3 (2):147-166.
    This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...)
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  43.  11
    Erik Claes (2006). Discussion (A) Deconstruction, Criminalisation and the Criminal Law: A Reply to Pavlich's 'The Lore of Criminal Accusation'. Criminal Law and Philosophy 1 (1):99-105.
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  44.  12
    Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.
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  45.  4
    Jonas Prapiestis & Agnė Baranskaitė (2011). The Basics of the Principle of Legal Concord in Criminal Law (article in German). Jurisprudence 18 (1):285-302.
    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 that (...)
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  46. 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 research (...)
     
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  47.  41
    Stephen Shute, John Gardner & Jeremy Horder (eds.) (1993). Action and Value in Criminal Law. Oxford University Press.
    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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  48.  84
    Victor Tadros (2011). The Ends of Harm: The Moral Foundations of Criminal Law. Oxford University Press.
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
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  49.  6
    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.
    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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  50.  5
    Justinas Žilinskas (2012). Introduction of 'Crime of Denial'in the Lithuanian Criminal Law and First Instances of its Application. Jurisprudence 19 (1):315-329.
    The present article analyses the so-called ‘crime of denial’ recently established in Article 1702 of the Lithuanian Criminal Code. It describes how this crime was introduced in the Lithuanian Law, and the reasons for its present form and challenges. The crime has been applied in two instances (Stankeras case and Paleckis case). The author discusses these two instances of application, critically reviews the arguments of the Prosecutor’s Office and of the court of first instance and shows that at least (...)
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