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

1000+ found
Sort by:
  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.score: 270.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  2. 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: 270.0
    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 (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  3. David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.score: 270.0
    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.
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  4. Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.score: 270.0
    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 (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  5. 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: 270.0
    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 (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  6. Lucia Zedner (2014). Terrorizing Criminal Law. Criminal Law and Philosophy 8 (1):99-121.score: 270.0
    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 (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  7. Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.score: 270.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  8. Kai Ambos (2013). The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW] Criminal Law and Philosophy:1-29.score: 270.0
    Current International Criminal Law (‘ICL’) suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’ (supranational right to punish), ‘overall function’ and ‘purposes of punishment’ (For clarification of these basic questions, see Ambos in Oxf J Legal Stud 33:293–315, 2013b. Of course, there are many possible conceptualisations of the basic questions facing any theory of criminal law see, for example, Murphy in Columbia Law Rev 87:509–532, 1987. Yet, taking the perspective of ICL, I would (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  9. Kimberley Brownlee (2013). Digging Up, Dismantling, and Redesigning the Criminal Law. Criminal Law and Philosophy 7 (1):169-178.score: 270.0
    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, (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  10. Miriam Gur-Arye (2012). Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW] Criminal Law and Philosophy 6 (2):187-205.score: 270.0
    The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  11. Shlomit Wallerstein (forthcoming). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy:1-18.score: 270.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  12. 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: 270.0
    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.
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  13. Nina Peršak (2014). Criminal Law, the Victim and Community: The Shades of 'We' and the Conceptual Involvement of Community in Contemporary Criminal Law Theory. [REVIEW] Criminal Law and Philosophy 8 (1):205-215.score: 270.0
    The article addresses the argument, put forward by Lernestedt, that the proprietor of the ‘criminal-law conflict’ is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  14. Andrew Botterell (2013). Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW] University of Toronto Law Journal 63 (1):152-158.score: 246.0
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
    Translate to English
    | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  15. 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.score: 246.0
    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 (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  16. Yanping Liu (forthcoming). 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:1-9.score: 246.0
    Legal translation (shortened as LT) 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 (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  17. Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.score: 240.0
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  18. Antony Duff (ed.) (1998). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.score: 240.0
    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, reflecting (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  19. François Tanguay-Renaud (2010). Understanding Criminal Law Through the Lens of Reason. Res Publica 16 (1):89-98.score: 240.0
    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.
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  20. Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.score: 240.0
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  21. Antony Duff & Stuart P. Green (eds.) (2011). Philosophical Foundations of Criminal Law. Oxford University Press.score: 240.0
    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 ...
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  22. George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.score: 240.0
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  23. Stephen Shute & A. P. Simester (eds.) (2002). Criminal Law Theory: Doctrines of the General Part. Oxford University Press.score: 240.0
    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.
    Direct download  
     
    My bibliography  
     
    Export citation  
  24. Stephen Shute, John Gardner & Jeremy Horder (eds.) (1993). Action and Value in Criminal Law. Oxford University Press.score: 240.0
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  25. 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.score: 240.0
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  26. Jan C. Joerden (2004). Placebo and Criminal Law. Science and Engineering Ethics 10 (1):65-72.score: 240.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  27. John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.score: 240.0
    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.
    Direct download  
     
    My bibliography  
     
    Export citation  
  28. Alan Brudner (2008). Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW] Criminal Law and Philosophy 3 (2):147-166.score: 240.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  29. Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.score: 240.0
    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 ...
    Direct download  
     
    My bibliography  
     
    Export citation  
  30. Justinas Žilinskas (2009). Broadening the Concept of Genocide in Lithuania's Criminal Law and the Principle Nullum Crimen Sine Lege. Jurisprudence 118 (4):333-348.score: 240.0
    The present article discusses the broadening of the concept of genocide in Lithuanian national criminal law with regard to the principle of nullum crimen sine lege. The broadened definition, which includes two groups, social and political raises serious problems when the national provisions on genocide are applied retroactively. However, in the case of Lithuania, such a broadening of the definition may be interpreted not as an introduction of distinct independent groups, but of groups that closely overlap with the groups (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  31. John Deigh & David Dolinko (eds.) (2011). The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.score: 240.0
    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 research (...)
    No categories
     
    My bibliography  
     
    Export citation  
  32. Jonas Prapiestis & Agnė Baranskaitė (2011). The Basics of the Principle of Legal Concord in Criminal Law (article in German). Jurisprudence 18 (1):285-302.score: 240.0
    In societies of high legal culture, criminal law is regarded as a protective and repressive measure of the state, as an imperative of crime and inevitable punishment (as a strict rule). Therefore, the article attempts to show the fact that the entirety of the provisions and norms of criminal law, consolidated in a modern democratic state under the rule of law (or, at least, a state that is attempting to become such a state), allows for the assertion that (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  33. Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.score: 234.0
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  34. Darryl Brown (2009). History's Challenge to Criminal Law Theory. Criminal Law and Philosophy 3 (3):271-287.score: 234.0
    After briefly sketching an historical account of criminal law that emphasizes its longstanding reach into social, commercial and personal life outside the core areas of criminal offenses, this paper explores why criminal law theory has never succeeded in limiting the content of criminal codes to offenses that fit the criteria of dominant theories, particularly versions of the harm principle. Early American writers on criminal law endorsed no such limiting principles to criminal law, and early (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  35. Justinas Žilinskas (2012). Introduction of 'Crime of Denial'in the Lithuanian Criminal Law and First Instances of its Application. Jurisprudence 19 (1):315-329.score: 234.0
    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 (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  36. 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: 234.0
    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 (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  37. Amel Alghrani, Rebecca Bennett & Suzanne Ost (eds.) (2012). Bioethics, Medicine, and the Criminal Law: The Criminal Law and Bioethical Conflict: Walking the Tightrope. Cambridge University Press.score: 228.0
    Machine generated contents note: 1. Introduction - when criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? Amel Alghrani, Rebecca Bennett and Suzanne Ost; Part I. Death, Dying, and the Criminal Law: 2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths; 3. Five flawed arguments for decriminalising euthanasia John Keown; 4. Euthanasia excused: between prohibition and permission Richard Huxtable; (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  38. Amel Alghrani, Rebecca Bennett & Suzanne Ost (eds.) (2013). Bioethics, Medicine, and the Criminal Law. Cambridge University Press.score: 228.0
    Machine generated contents note: 1. Introduction - when criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? Amel Alghrani, Rebecca Bennett and Suzanne Ost; Part I. Death, Dying, and the Criminal Law: 2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths; 3. Five flawed arguments for decriminalising euthanasia John Keown; 4. Euthanasia excused: between prohibition and permission Richard Huxtable; (...)
     
    My bibliography  
     
    Export citation  
  39. René Foqué (2008). Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment. [REVIEW] Criminal Law and Philosophy 2 (3):207-227.score: 222.0
    This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  40. Douglas Husak (2013). The Philosophy of Criminal Law: Extending the Debates. [REVIEW] Criminal Law and Philosophy 7 (2):351-365.score: 222.0
    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.
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  41. Hock Lai Ho (forthcoming). The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence. Criminal Law and Philosophy:1-23.score: 222.0
    If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  42. Ekow N. Yankah (2013). Republican Responsibility in Criminal Law. Criminal Law and Philosophy:1-19.score: 222.0
    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 (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  43. Thomas Morawetz (ed.) (1991). Criminal Law. New York University Press.score: 216.0
    This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
    No categories
     
    My bibliography  
     
    Export citation  
  44. Alessandro Spena (2014). Iniuria Migrandi: Criminalization of Immigrants and the Basic Principles of the Criminal Law. [REVIEW] Criminal Law and Philosophy 8 (3):635-657.score: 214.0
    In this paper I am specifically concerned with a normative assessment, from the perspective of a principled criminal law theory, of norms criminalizing illegal immigration. The overarching question I will dwell on is one specifically regarding the way of using criminal law which is implied in the enactment of such kinds of norms. My thesis will essentially be that it constitutes a veritable abuse of criminal law. In two senses at least: first, in the sense that by (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  45. Douglas Husak (2008). Why Criminal Law: A Question of Content? [REVIEW] Criminal Law and Philosophy 2 (2):99-122.score: 214.0
    I take it as obvious that attempts to justify the criminal law must be sensitive to matters of criminalization—to what conduct is proscribed or permitted. I discuss three additional matters that should be addressed in order to justify the criminal law. First, we must have a rough idea of what degree of deviation is tolerable between the set of criminal laws we ought to have and the set we really have. Second, we need information about how the (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  46. Ambrose Y. K. Lee (forthcoming). Public Wrongs and the Criminal Law. Criminal Law and Philosophy:1-16.score: 214.0
    This paper is about how best to understand the notion of ‘public wrongs’ in the longstanding idea that crimes are public wrongs. By contrasting criminal law with the civil laws of torts and contracts, it argues that ‘public wrongs’ should not be understood merely as wrongs that properly concern the public, but more specifically as those which the state, as the public, ought to punish. It then briefly considers the implications that this has on criminalization.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  47. Alfonso Donoso (forthcoming). Commentaries on Criminal Law Conversations. Criminal Law and Philosophy:1-13.score: 214.0
    One of the first things striking readers of Criminal Law Conversations is its unusual methodology. The editors of this volume have put together 31 conversations around as many cutting edge and influential articles. This article considers critically some discussions representative of each of the book’s three parts: Principles, Doctrine, Administration and provide a glimpse of the richness and variety of Criminal Law Conversations.
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  48. Victor Tadros (2011). The Ends of Harm: The Moral Foundations of Criminal Law. Oxford University Press.score: 210.0
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
    Direct download  
     
    My bibliography  
     
    Export citation  
  49. Maxwell Bennett & Peter Hacker (2011). Criminal Law as It Pertains to Patients Suffering From Psychiatric Diseases. Journal of Bioethical Inquiry 8 (1):45-58.score: 210.0
    The McNaughton rules for determining whether a person can be successfully defended on the grounds of mental incompetence were determined by a committee of the House of Lords in 1843. They arose as a consequence of the trial of Daniel McNaughton for the killing of Prime Minister Sir Robert Peel’s secretary. In retrospect it is clear that McNaughton suffered from schizophrenia. The successful defence of McNaughton on the grounds of mental incompetence by his advocate Sir Alexander Cockburn involved a profound (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  50. Peter Westen (2008). Individualizing the Reasonable Person in Criminal Law. Criminal Law and Philosophy 2 (2):137-162.score: 210.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
1 — 50 / 1000