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Peter Westen [12]Peter K. Westen [2]
  1. Peter K. Westen, Impossibility Attempts: A Speculative Thesis.
    Courts and commentators have struggled for years to identify rules to explain and justify certain widely-shared intuitions about impossibility attempts, and they have proposed rules variously based upon (1) what mistakes actors make, (2) what intentions actors possess, and (3) what conduct actors perform. None of the proposals fully succeeds, however, and none is able to explain the widely-shared intuition, which underlies Sandy Kadish's inventive hypothetical regarding Mr. Law and Mr. Fact, that some attempts based upon mistakes of law are (...)
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  2. Peter Westen (2013). The Significance of Transferred Intent. Criminal Law and Philosophy 7 (2):321-350.
    The doctrine of transferred intent (or transferred “malice” in England) generally provides that if A attempts to harm B but, because of bad aim, misses and accidentally causes the same harm to befall C, A’s harmful intent vis-à-vis B is transferred to C, thus rendering A guilty of intentionally harming C. Commentators acknowledge the doctrine to be a legal fiction, but they differ regarding whether the fiction produces just results, some believing it does, others believing that A is guilty at (...)
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  3. Peter Westen (2011). Is Intent Constitutive of Wrongdoing? In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. 193.
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  4. Peter Westen (2011). The Ontological Problem of Risk and Endangerment in Criminal Law. In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. 304--327.
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  5. Peter Westen (2010). Resulting Harms and Objective Risks as Constraints on Punishment. Law and Philosophy 29 (4):401-418.
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  6. Peter Westen (2008). Individualizing the Reasonable Person in Criminal Law. Criminal Law and Philosophy 2 (2):137-162.
    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 which (...)
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  7. Peter Westen (2008). Offences and Defences Again. Oxford Journal of Legal Studies 28 (3):563-584.
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  8. Peter Westen (2007). Two Rules of Legality in Criminal Law. Law and Philosophy 26 (3):229-305.
    Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe that both (...)
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  9. Peter K. Westen (2007). Why Criminal Harms Matter: Plato's Abiding Insight in the Laws. [REVIEW] Criminal Law and Philosophy 1 (3):307-326.
    Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard of (...)
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  10. Peter Westen (2006). An Attitudinal Theory of Excuse. Law and Philosophy 25 (3):289-375.
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  11. Peter Westen (2005). Getting the Fly Out of the Bottle: The False Problem of Free Will and Determinism. Buffalo Criminal Law Review 8:101-54.
  12. Peter Westen (1992). [Book Review] Speaking of Equality, an Analysis of the Rhetorical Force Of'equality'in Moral and Legal Discourse. [REVIEW] Ethics 102:869-871.
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  13. Peter Westen (1985). Comment on Montague's "Rights and Duties of Compensation". Philosophy and Public Affairs 14 (4):385-389.
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  14. Peter Westen (1985). The Concept of Equal Opportunity. Ethics 95 (4):837-850.
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