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

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  1. Mireille Hildebrandt (2008). Ambient Intelligence, Criminal Liability and Democracy. Criminal Law and Philosophy 2 (2):163-180.score: 93.0
    In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present (...)
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  2. Matt Matravers (2006). ‘Who’s Still Standing?’ a Comment on Antony Duff’s Preconditions of Criminal Liability. Journal of Moral Philosophy 3 (3):320-330.score: 90.0
    Antony Duff has argued that an important precondition of criminal liability is that the state has the moral standing to call the offender to account. Conditions of severe social injustice, if allowed or perpetuated by the state, can undermine this standing. Duff’s argument appeals to the ordinary idea that a person’s own behaviour can sometimes negate his standing to call others to account. It is argued that this is an important issue, but that the analogy with individual standing (...)
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  3. Romualdas Drakšas (2011). Is It Reasonable to Limit the Group of Legal Entities That Can Be Considered as Subjects of Criminal Liability? Jurisprudence 18 (4):1501-1517.score: 90.0
    Criminal liability of legal entities was legitimised in the Republic of Lithuania nine years ago, and in the ruling of the Constitutional Court of 8 June 2009, a conclusive confirmation on its accordance with the Constitution was made. It should be noted that this penal law novelty (providing the extension of the concept of criminal offence subject) caused considerable debate among Lithuanian scientists. One of the most controversial issues of this penal law novelty are the exceptions listed (...)
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  4. Edita Gruodytė (2012). Peculiarities and Problems of Criminal Liability for Work of Third Country Nationals While Implementing Directive 2009/52/EC. [REVIEW] Jurisprudence 19 (4):1603-1618.score: 90.0
    While implementing Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third country nationals (hereinafter referred to as ‘Directive’), Lithuania supplemented the Lithuanian Criminal Code with an additional Article 292-1, entitled “Labour of illegally staying third country nationals in the Republic of Lithuania”, which came into force on 6 January 2012. The author of this article aims to find out whether the (...)
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  5. Romualdas Drakšas (2010). Origin of the Criminal Liability of Legal Entities (text only in Lithuanian). Jurisprudence 122 (4):189-201.score: 90.0
    Criminal liability of legal entities was legitimized in the Republic of Lithuania eight years ago, and in the ruling of the Constitutional Court of 8 June 2009, a conclusive confirmation on its accordance with the Constitution was made. It should be noted that the extension of the concept of criminal offense subject has received considerable attention of Lithuanian scientists. It was obvious that this penal law novel would cause many problems and, surely, it has become a reason (...)
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  6. Olena Grebeniuk (2013). Main Challenges and Prospects of Improving Ukrainian Legislation on Criminal Liability for Crimes Related to Drug Testing in the Context of European Integration. Jurisprudence 20 (3):1249-1270.score: 90.0
    The proposed article provides an overview of European and North American states’ legislation, which regulates the procedure for pre-clinical research, clinical trials and state registration of medicinal products, as well as responsibility for its violation, analysis of the problems and prospects of adaptation of the national legislation to European legal space, particularly in the field of criminal and legal regulation of relations in the sphere of pre-clinical trials, clinical trials and state registration of medicine. The emphasis is put on (...)
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  7. Matti Tolvanen (2009). Trust, Business Ethics and Crime Prevention – Corporate Criminal Liability in Finland. Jurisprudence 115 (1):335-358.score: 90.0
    According to the Finnish Penal Code a corporation may be sentenced to a corporate fine if a person who is part of its statutory organ or other management or who exercises actual decision-making authority therein 1) has been an accomplice in an offence or allowed the commission of the offence, or 2) if the care and diligence necessary for the prevention of the offence has not been observed in the operations of the corporation. Criminal liability of legal persons (...)
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  8. Oleg Fedosiuk (2013). Criminal Liability for Unlawful Engagement in Economic, Commercial, Financial or Professional Activities: In Search of Optimal Criteria. Jurisprudence 20 (1):301-317.score: 84.0
    This article focuses on the problem of criminal liability for unlawful engagement in economic activities, analyses the emergence and development of this norm in criminal law and the ways of its optimal explanation. Special attention is paid to the problem of identification of illegality of activities, based on specific tax and economic regulation. The study concludes that criminal liability must be limited to a violation of fundamental requirements for the legality of business, and does not (...)
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  9. Oleg Fedosiuk (2012). Criminal Liability as a Last Resort (Ultima Ratio): Theory and Reality. Jurisprudence 19 (2):715-738.score: 66.0
    The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept based (...)
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  10. Henna Kosonen & Matti Tolvanen (2010). Balancing Between Effective Realisation of Criminal Liability and Effective Defence Rights: The Tasks and the Roles of Prosecutor and Defence Lawyer in Finnish Criminal Procedure. Jurisprudence 120 (2):233-256.score: 66.0
    Prior to the extensive reform of the Finnish criminal procedure in 1997, the roles of the prosecutor and the defence attorney were passive compared to the role of the judge. The main task of the prosecutor was to read the written indictment and to help the judge to find the truth. The judge could procure evidence ex officio, although it may have been detrimental to the suspect. The roles of the judge, the attorneys and the prosecutor changed dramatically when (...)
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  11. Justinas Sigitas Pečkaitis (2013). Criminal Liability for Negligent Accountancy. Jurisprudence 20 (1):343-357.score: 66.0
    This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code (...)
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  12. Antony Duff (2007). Answering for Crime: Responsibility and Liability in the Criminal Law. Hart Pub..score: 66.0
     
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  13. Michelle Ciurria (2011). Complicity and Criminal Liability in Rwanda: A Situationist Critique. Res Publica 17 (4):411-419.score: 60.0
    In Complicity and the Rwandan Genocide ( 2010b ), Larry May argues that complicity can be the basis for criminal liability if two conditions are met: First, the person’s actions or inactions must contribute to the harm in question, and secondly, the person must know that his actions or inactions risk contributing to this harm. May also states that the threshold for guilt for criminal liability is higher than for moral responsibility. I agree with this latter (...)
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  14. R. A. Duff (1998). Law, Language and Community: Some Preconditions of Criminal Liability. Oxford Journal of Legal Studies 18 (2):189-206.score: 60.0
    We can usefully distinguish the conditions of criminal liability (those conditions which must be satisfied if a defendant is to be duly convicted, with which a criminal trial is concerned) from its preconditions (those conditions which must be satisfied if the trial, as a process which aims to determine whether or not this person is criminally liable, is to be legitimate at all). Some of these preconditions concern the defendant's status as a rsponsible citizen, who can properly (...)
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  15. Douglas Husak (2011). Negligence, Belief, Blame and Criminal Liability: The Special Case of Forgetting. [REVIEW] Criminal Law and Philosophy 5 (2):199-218.score: 57.0
    Commentators seemingly agree about what negligence is—and how it is contrasted from recklessness. They also appear to concur about whether particular examples (both real and hypothetical) portray negligence. I am less confident about each of these matters. I explore the distinction between recklessness and negligence by examining a type of case that has generated a good deal of critical discussion: those in which a defendant forgets that he has created a substantial and unjustifiable risk of harm. Even in this limited (...)
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  16. Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.score: 54.0
    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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  17. Edita Gruodytė (2010). Problematic Aspects of Subject Matter in Criminal Deeds, Related to Illegal Disposition of Narcotic Drugs and Psychotropic Substances (text only in Lithuanian). Jurisprudence 122 (4):153-167.score: 54.0
    Lithuania’s legislation, establishing criminal liability for illegal disposition of narcotic drugs and psychotropic substances, uses two different terms while identifying the subject matter for criminal deeds: “narcotic and psychotropic substances” and “plants, incorporated into the lists of controlled substances.” The legislation in article 269 of the Lithuanian criminal code explains that narcotic and psychotropic substances, indicated in the respective chapter of the Lithuanian criminal code, shall be those substances that are included in the lists of (...)
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  18. R. A. Duff (2012). Guiding Commitments and Criminal Liability for Attempts. Criminal Law and Philosophy 6 (3):411-427.score: 54.0
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  19. Jacqueline A. Laing (1994). The Prospects of a Theory of Criminal Culpability: Mens Rea and Methodological Doubt. Oxford Journal of Legal Studies 14 (1):57-80.score: 54.0
    This article discusses the role of the mental in the analysis of criminal liablity. The relation between the general conditions for mens rea and those of criminal liability are considered. Claims made by John Gardner and Heike Jung are considered. Their suggestion that there is a hard and fast distinction between the principles of moral and criminal culapability are considered and shown to have some absurd conclusions.
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  20. Jonas Prapiestis & Agnė Baranskaitė (2012). The Legal Person in the Criminal Justice of Lituania. Jurisprudence 19 (1):293-314.score: 54.0
    The article deals with the entrenchment of the institute of criminal liability of a legal person in the Lithuanian criminal law. Upon approval of the Criminal Code of the Republic of Lithuania (hereinafter also referred to as the CC) on 26 September 2000, the criminal liability of a legal person was provided almost in every fifth (at present—in every second) article of the Special Part of the CC. Although criminal liability has been (...)
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  21. Douglas N. Husak (1989). Motive and Criminal Liability. Criminal Justice Ethics 8 (1):3-14.score: 48.0
  22. Michael Corrado (1992). How to Do Things on Purpose: R. A. Duff'sintention, Agency, and Criminal Liability. [REVIEW] Law and Philosophy 11 (3):265 - 281.score: 48.0
    There is a lot of material in this book, and Duff handles most of it very well. It is unfortunate that he felt the need to tie his discussion of serious philosophical questions in the criminal law to larger overarching questions of philosophy. It is possible that current conceptions of intentional action implicate dualism (or Dualism), I suppose, but that would be a book-length discussion all of its own. It would begin with a careful discussion of just what dualism (...)
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  23. Aurora Voiculescu (2009). Human Rights and the New Corporate Accountability: Learning From Recent Developments in Corporate Criminal Liability. [REVIEW] Journal of Business Ethics 87 (2):419 - 432.score: 48.0
    The 3rd Report of the Special Representative of the Secretary-General of the United Nations appears to have generated significant consensus around its approach to business and human rights. This state of harmony relies mainly upon a narrow mandate limiting the endeavour largely to a mapping exercise. It also relies upon a process of 'operationalisation' that is yet to be undertaken despite the recent release of a 4th Report. After a brief presentation of the main parameters of the framework proposed by (...)
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  24. Antony Duff (1998). Motives and Criminal Liability. In , Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press. 156.score: 48.0
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  25. Larry Alexander (2002). Criminal Liability for Omissions - An Inventory of Issues. In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oup Oxford.score: 48.0
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  26. Romualdas Drakšas (2013). Some Problematic Issues of Criminal Liability for Misappropriation. Jurisprudence 20 (1):283-299.score: 48.0
    The act of “embezzlement” provided for in Article 183 of the Criminal Code of the Republic of Lithuania gives rise to a number of both theoretical and practical problems. First of all, various authors do not agree whether embezzlement constitutes a substantive or formal element. In the author’s opinion, embezzlement is deemed complete when possession of the property of others is taken illegally and there is a real possibility, perceived by the perpetrator, to manage it, to use it or (...)
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  27. Jeffrie G. Murphy (1991). Retributive Hatred: An Essay on Criminal Liability and the Emotions. In R. G. Frey & Christopher W. Morris (eds.), Liability and Responsibility: Essays in Law and Morals. Cambridge University Press. 360.score: 48.0
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  28. Sergio Romeo-Malanda (2007). Omission of Medical Treatment for Severely Disabled Newborns and Criminal Liability Under Spanish Law. In Charles A. Erin & Suzanne Ost (eds.), The Criminal Justice System and Health Care. Oup Oxford.score: 48.0
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  29. George Schedler & Matthew J. Kelly (1982). Criminal Justice and Strict Liability: The Obligation of Society to Punish Only the Guilty. American Journal of Jurisprudence 27 (1):109-113.score: 48.0
    We argue in this essay that any society that organizes itself to punish criminals should in justice consider itself strictly liable to punish only those who are guilty in fact of the crimes for which they are punished. We argue that justice, not utility, is the basis of the obligation society has not to punish the innocent and that any society that is just would bind itself by statute to compensate the innocents it punishes by mistake. We hope to have (...)
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  30. R. A. Duff (1993). Choice, Character, and Criminal Liability. Law and Philosophy 12 (4):345 - 383.score: 45.0
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  31. Re'em Segev (forthcoming). Moral Rightness and the Significance of Law: Why, How and When Mistake of Law Matters. University of Toronto Law Journal, Forthcoming.score: 45.0
    The question of whether a mistake of law should negate or mitigate criminal liability is commonly considered to be pertinent to the culpability of the agent, often examined in light of the (epistemic) reasonableness of the mistake. I argue that this view disregards an important aspect of this question, namely whether a mistake of law affects the rightness of the action, particularly in light of the moral significance of the mistake. I argue that several plausible premises, regarding moral (...)
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  32. Douglas N. Husak (1999). Addiction and Criminal Liability. Law and Philosophy 18 (6):655 - 684.score: 45.0
  33. David Dolinko (1991). Book Review:Intention, Agency and Criminal Liability. R. A. Duff. [REVIEW] Ethics 102 (1):172-.score: 45.0
  34. Brenda M. Baker (1992). Theorizing About Responsibility and Criminal Liability. Law and Philosophy 11 (4):403 - 430.score: 45.0
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  35. Susan Dimock (2012). Intoxication and the Act/Control/Agency Requirement. Criminal Law and Philosophy 6 (3):341-362.score: 45.0
    Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at (...)
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  36. Jeffrie G. Murphy (1971). Involuntary Acts and Criminal Liability. Ethics 81 (4):332-342.score: 45.0
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  37. M. Sklansky (2001). Neonatal Euthanasia: Moral Considerations and Criminal Liability. Journal of Medical Ethics 27 (1):5-11.score: 45.0
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  38. N. D. (1999). Addiction and Criminal Liability. Law and Philosophy 18 (6):655-684.score: 45.0
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  39. John R. Boatright (2008). Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability. Business Ethics Quarterly 18 (3):417-426.score: 45.0
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  40. Brenda M. Baker (1991). CT Sistare, Responsibility and Criminal Liability Reviewed By. Philosophy in Review 11 (2):136-137.score: 45.0
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  41. Anthony Kenny & R. A. Duff (1991). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Quarterly 41 (164):378.score: 45.0
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  42. Ion Ristea (2009). Substantive Due Process, Criminal Liability, and the Philosophy of Legal Sanctions. Linguistic and Philosophical Investigations 8:213-217.score: 45.0
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  43. Kenneth Simons (2012). Strict Criminal Liability in the Grading of Offenses: Forfeiture, Change of Normative Position, or Moral Luck? Oxford Journal of Legal Studies 32 (3):445-466.score: 45.0
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  44. Andrew Ashworth (1996). Criminal Liability in a Medical Context: The Treatment of Good Intentions. In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press. 173--93.score: 45.0
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  45. Antony Duff (2004). Action, the Act Requirement and Criminal Liability. Royal Institute of Philosophy Supplement 55:69-103.score: 45.0
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  46. R. A. Duff (1996). Penal Communications: Recent Work in the Philosophy of Punishment'. Tonry 1996: 1-97. 1998a.'Principle and Contradiction in the Criminal Law: Motives and Criminal Liability'. Duff 1998c: 156-204. 1998b.'Law, Language and Community: Some Preconditions of Criminal Liability'. [REVIEW] Oxford Journal of Legal Studies 18:189-206.score: 45.0
     
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  47. Antony Duff (2007). Virtue, Vice, and Criminal Liability. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 45.0
     
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  48. Robert W. Hoag (1992). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Books 33 (2):114-116.score: 45.0
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  49. Howard Klepper (1993). Criminal Liability for the Bad Samaritan. Public Affairs Quarterly 7 (1):19-28.score: 45.0
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  50. William S. Laufer & John R. Boatright (2008). Book Review-Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability. [REVIEW] Business Ethics Quarterly 18 (3):417.score: 45.0
     
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