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: 246.0
    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: 240.0
    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 (2010). Origin of the Criminal Liability of Legal Entities (text only in Lithuanian). Jurisprudence 122 (4):189-201.score: 240.0
    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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  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: 240.0
    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 (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: 240.0
    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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  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: 240.0
    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: 240.0
    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: 228.0
    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: 192.0
    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: 192.0
    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: 192.0
    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. Michelle Ciurria (2011). Complicity and Criminal Liability in Rwanda: A Situationist Critique. Res Publica 17 (4):411-419.score: 180.0
    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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  13. Antony Duff (2007). Answering for Crime: Responsibility and Liability in the Criminal Law. Hart Pub..score: 180.0
     
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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: 180.0
    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: 174.0
    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. Thomas Douglas (2014). Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity. Journal of Ethics 18 (2):101-122.score: 174.0
    Criminal offenders are sometimes required, by the institutions of criminal justice, to undergo medical interventions intended to promote rehabilitation. Ethical debate regarding this practice has largely proceeded on the assumption that medical interventions may only permissibly be administered to criminal offenders with their consent. In this article I challenge this assumption by suggesting that committing a crime might render one morally liable to certain forms of medical intervention. I then consider whether it is possible to respond persuasively (...)
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  17. R. A. Duff (2012). Guiding Commitments and Criminal Liability for Attempts. Criminal Law and Philosophy 6 (3):411-427.score: 168.0
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  18. 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: 156.0
    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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  19. Douglas N. Husak (1989). Motive and Criminal Liability. Criminal Justice Ethics 8 (1):3-14.score: 156.0
  20. 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: 156.0
    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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  21. Antony Duff (1998). Motives and Criminal Liability. In , Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press. 156.score: 156.0
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  22. 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: 156.0
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  23. Romualdas Drakšas (2013). Some Problematic Issues of Criminal Liability for Misappropriation. Jurisprudence 20 (1):283-299.score: 156.0
    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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  24. 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: 156.0
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  25. 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: 156.0
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  26. R. A. Duff (1993). Choice, Character, and Criminal Liability. Law and Philosophy 12 (4):345 - 383.score: 150.0
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  27. Douglas N. Husak (1999). Addiction and Criminal Liability. Law and Philosophy 18 (6):655 - 684.score: 150.0
  28. David Dolinko (1991). Book Review:Intention, Agency and Criminal Liability. R. A. Duff. [REVIEW] Ethics 102 (1):172-.score: 150.0
  29. Brenda M. Baker (1992). Theorizing About Responsibility and Criminal Liability. Law and Philosophy 11 (4):403 - 430.score: 150.0
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  30. Antony Duff (2004). Action, the Act Requirement and Criminal Liability. Royal Institute of Philosophy Supplement 55:69-103.score: 150.0
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  31. M. Sklansky (2001). Neonatal Euthanasia: Moral Considerations and Criminal Liability. Journal of Medical Ethics 27 (1):5-11.score: 150.0
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  32. Jeffrie G. Murphy (1971). Involuntary Acts and Criminal Liability. Ethics 81 (4):332-342.score: 150.0
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  33. Ion Ristea (2009). Substantive Due Process, Criminal Liability, and the Philosophy of Legal Sanctions. Linguistic and Philosophical Investigations 8:213-217.score: 150.0
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  34. Kenneth W. Simons (2012). Is Strict Criminal Liability in the Grading of Offences Consistent with Retributive Desert? Oxford Journal of Legal Studies 32 (3):445-466.score: 150.0
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  35. John R. Boatright (2008). Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability. Business Ethics Quarterly 18 (3):417-426.score: 150.0
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  36. N. D. (1999). Addiction and Criminal Liability. Law and Philosophy 18 (6):655-684.score: 150.0
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  37. Anthony Kenny & R. A. Duff (1991). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Quarterly 41 (164):378.score: 150.0
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  38. 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: 150.0
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  39. 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: 150.0
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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: 150.0
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  41. 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: 150.0
     
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  42. Antony Duff (2007). Virtue, Vice, and Criminal Liability. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.score: 150.0
     
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  43. Robert W. Hoag (1992). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Books 33 (2):114-116.score: 150.0
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  44. Howard Klepper (1993). Criminal Liability for the Bad Samaritan. Public Affairs Quarterly 7 (1):19-28.score: 150.0
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  45. 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: 150.0
     
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  46. I. P. Robbins (1980). Solipsism and Criminal Liability. American Journal of Jurisprudence 25 (1):75-88.score: 150.0
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  47. 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: 144.0
    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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  48. John M. Burkoff (1991). Criminal Defense Ethics: Law and Liability. C. Boardman.score: 132.0
     
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  49. John R. Spencer & Antje Pedain (2005). Approaches to Strict and Constructive Liability in Continental Criminal Law. In Andrew Simester (ed.), Appraising Strict Liability. Oup Oxford.score: 126.0
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  50. G. R. Sullivan (2005). Strict Liability for Criminal Offences in England and Wales Following Incorporation Into English Law of the European Convention on Human Rights. In Andrew Simester (ed.), Appraising Strict Liability. Oup Oxford.score: 126.0
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