46 found
Sort by:
  1. Richard L. Lippke (2014). Chronic Temptation, Reasonable Firmness and the Criminal Law. Oxford Journal of Legal Studies 34 (1):75-96.
    The criminal law requires citizens to demonstrate ‘reasonable firmness’ in the face of temptations to violate its provisions. But what if individuals repeatedly face powerful temptations to offend, are not responsible for being in such predicaments, cannot escape them, and cannot alter or expunge their desires because they count as urgent on any plausible account of a decent human life? Should the criminal law make some sort of allowance for the chronically tempted? I argue that it should, because individuals in (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  2. Richard L. Lippke (2014). Preventive Pre-Trial Detention Without Punishment. Res Publica 20 (2):111-127.
    The pre-trial detention of individuals charged with crimes is viewed by many legal scholars as problematic. Standard arguments against it are that it constitutes legal punishment of individuals not yet convicted of crimes, violates the presumption of innocence, and rests on dubious predictions of future crime. I defend modified and restrained forms of pre-trial detention. I argue that pre-trial detention could be made very different than imprisonment, should be governed by strict criteria, and is warranted, when the evidence of danger (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  3. Richard L. Lippke (2014). Some Surprising Implications of Negative Retributivism. Journal of Applied Philosophy 31 (1):49-62.
    Negative retributivism is the view that though the primary justifying aim of legal punishment is the reduction of crime, the state's efforts to do so are subject to side-constraints that forbid punishment of the innocent and disproportionate punishment of the guilty. I contend that insufficient attention has been paid to what the side-constraints commit us to in constructing a theory of legal punishment, even one primarily oriented toward reducing crime. Specifically, I argue that the side-constraints limit the kinds of actions (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  4. Richard L. Lippke (2014). The Prosecutor and the Presumption of Innocence. Criminal Law and Philosophy 8 (2):337-352.
    In what ways is the conduct of prosecutors constrained by the presumption of innocence? To address this question, I first develop an account of the presumption in the trial context, according to which it is a vital element in a moral assurance procedure for the justified infliction of legal punishment. Jurors must presume the factual innocence of defendants at the outset of trials and then be convinced beyond a reasonable doubt by the government’s evidence before they convict defendants. Prosecutors’ responsibilities (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  5. Richard L. Lippke (2013). Plea Bargaining. In Hugh LaFollette (ed.), The International Encyclopedia of Ethics. Wiley-Blackwell.
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  6. Richard L. Lippke (2012). Susan Easton: Prisoners' Rights: Principles and Practice. [REVIEW] Criminal Law and Philosophy 6 (1):111-113.
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  7. Richard L. Lippke (2011). Punishing the Guilty, Not Punishing the Innocent. Journal of Moral Philosophy 7 (4):462-488.
    Discussion in this paper focuses on how strongly we should prefer non-punishment of persons guilty of serious crimes to punishment of persons innocent of them. William Blackstone's version of that preference, expressed as a ten to one ratio, is first shown to be untenable on standard accounts of legal punishment's justifying aims. Somewhat weaker versions of that ratio also appear suspect. More to the point, Blackstone's adage obscures the crucial way in which there are risks to be assessed in setting (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  8. Richard L. Lippke (2011). Social Deprivation as Tempting Fate. Criminal Law and Philosophy 5 (3):277-291.
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  9. Richard L. Lippke (2011). Why Sex (Offending) Is Different. Criminal Justice Ethics 30 (2):151-172.
    The central premise is that a significant amount of sex offending stems from unusual or inappropriate sexual preferences that appear in early adolescence, are relatively stable, and immutable. In those ways, they are like more ordinary sexual preferences, generating sexual impulses that are insistent. Individuals are strongly tempted to act on them, alternatives to satisfying them are unfulfilling, and complete long-term control of such impulses is unlikely. Yet, since individuals with sexual preferences for inappropriate objects or activities are neither morally (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  10. Richard L. Lippke (2009). Retributive Parsimony. Res Publica 15 (4):377-395.
    Retributive approaches to the justification of legal punishment are often thought to place exacting and unattractive demands on state officials, requiring them to expend scarce public resources on apprehending and punishing all offenders strictly in accordance with their criminal ill deserts. Against this caricature of the theory, I argue that retributivists can urge parsimony in the use of punishment. After clarifying what parsimony consists in, I show how retributivists can urge reductions in the use of punishment in order to conserve (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  11. Richard L. Lippke (2008). Criminal Record, Character Evidence, and the Criminal Trial. Legal Theory 14 (3):167.
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  12. Richard L. Lippke (2008). No Easy Way Out: Dangerous Offenders and Preventive Detention. [REVIEW] Law and Philosophy 27 (4):383 - 414.
    Direct download (8 more)  
     
    My bibliography  
     
    Export citation  
  13. Richard L. Lippke (2008). Larry Laudan, Truth, Error, and Criminal Law: An Essay in Legal Epistemology. Criminal Law and Philosophy 2 (1):85-89.
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  14. Richard L. Lippke (2008). Response to Tudor: Remorse-Based Sentence Reductions in Theory and Practice. Criminal Law and Philosophy 2 (3):259-268.
    Steven Tudor defends the mitigation of criminal sentences in cases in which offenders are genuinely remorseful for their crimes. More than this, he takes the principle that such remorse-based sentence reductions are appropriate to be a ‘well-settled legal principle’—so well settled, in fact, that ‘it is among those deep-seated commitments which can serve to test general theories as much as they are tested by them’. However, his account of why remorse should reduce punishment is strongly philosophical in character. He sets (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  15. Richard L. Lippke (2008). To Waive or Not to Waive: The Right to Trial and Plea Bargaining. [REVIEW] Criminal Law and Philosophy 2 (2):181-199.
    Criminal defendants in many countries are faced with a dilemma: If they waive their right to trial and plead guilty, they typically receive charge or sentence reductions in exchange for having done so. If they exercise their right to trial and are found guilty, they often receive stiffer sanctions than if they had pled guilty. I characterize the former as ‘waiver rewards’ and the latter as ‘non-waiver penalties.’ After clarifying the two and considering the relation between them, I briefly explicate (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  16. Richard L. Lippke (2007). Rethinking Imprisonment. OUP Oxford.
    Drawing on philosophical arguments, criminological evidence, and the legal literature on prisoners' rights, Rethinking Imprisonment defends a normative theory of imprisonment. Such a theory provides an account of the justified conditions of prison confinement - the restrictions and deprivations that may be legitimately imposed on serious offenders in the name of punishment. The theory of legal punishment upon which this account builds combines retributive and crime reduction elements, with the former accorded priority on both moral and epistemic grounds. Contrary to (...)
     
    My bibliography  
     
    Export citation  
  17. Richard L. Lippke (2007). Liora Lazarus, Contrasting Prisoners' Rights: A Comparative Examination of Germany and England. [REVIEW] Criminal Law and Philosophy 1 (1):123-125.
  18. Richard L. Lippke (2006). Imprisonable Offenses. Journal of Moral Philosophy 3 (3):265-287.
    Imprisonment imposes very substantial losses and deprivations on people convicted of crimes. The question for which crimes imprisonment is an appropriate sanction is addressed employing both retributive and crime reduction approaches to the justification of legal punishment. Although there is not complete convergence between what the two approaches imply about its use, it is argued that both would reserve imprisonment for serious offenses, ones that inflict or threaten significant harms with moderate to high levels of culpability. Thus, neither approach supports (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  19. Richard L. Lippke (2006). Mixed Theories of Punishment and Mixed Offenders: Some Unresolved Tensions. Southern Journal of Philosophy 44 (2):273-295.
    Mixed theories of legal punishment treat both crime reduction and retributive concerns as irreducibly important and so worthy of inclusion in a single justificatory framework. Yet crime reduction and retributive approaches employ different assumptions about the necessary characteristics of those liable to punishment. Retributive accounts of legal punishment require offenders to be more responsive to moral considerations than do crime reduction accounts. The tensions these different assumptions create are explored in the mixed theories of John Rawls, H. L. A. Hart, (...)
    No categories
    Direct download (10 more)  
     
    My bibliography  
     
    Export citation  
  20. Richard L. Lippke (2004). Against Supermax. Journal of Applied Philosophy 21 (2):109–124.
    Direct download (8 more)  
     
    My bibliography  
     
    Export citation  
  21. Richard L. Lippke (2004). Government Support of Labor Unions and the Ban on Striker Replacements. Business and Society Review 109 (2):127-151.
    No categories
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  22. Richard L. Lippke (2003). Desert, Harm Reduction, and Moral Education: The Case for a Tortfeasor Penalty. Res Publica 9 (2):127-147.
    Those found liable for negligently injuring others are required to compensate them, but current practices permit most tort feasors to spread the costs of their liability burdens through the purchase of insurance. Those found guilty of criminal offences, however, are not allowed to shift the burdens of their sentences onto others. Yet the reasons for not allowing criminal offenders to shift such burdens – harm reduction, retribution, and moral education – also appear to retain some force in relation to negligent (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  23. Richard L. Lippke (2003). Diminished Opportunities, Diminished Capacities. Social Theory and Practice 29 (3):459-485.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  24. Richard L. Lippke (2003). Retribution and Incarceration. Public Affairs Quarterly 17 (1):29-48.
    Direct download  
     
    My bibliography  
     
    Export citation  
  25. Richard L. Lippke (2003). Victim‐Centered Retributivism. Pacific Philosophical Quarterly 84 (2):127-145.
    No categories
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  26. Richard L. Lippke (2002). Toward a Theory of Prisoners' Rights. Ratio Juris 15 (2):122-145.
  27. Richard L. Lippke (2001). Criminal Offenders and Right Forfeiture. Journal of Social Philosophy 32 (1):78–89.
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  28. Richard L. Lippke (2001). Five Concerns Regarding the Commercialization of Leisure. Business and Society Review 106 (2):107-126.
    No categories
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  29. Richard L. Lippke (2001). The Disenfranchisement of Felons. Law and Philosophy 20 (6):553 - 580.
    After discussing the interests that ground theright to democratic political participation,arguments for the disenfranchisement of thosewho commit serious criminal offenses areexamined. The arguments are divided into twogroups. The first group consists of argumentsthat are relatively independent of thejustifying aims of punishment. It is concededthat two of these arguments establish thatsome, though by no means all, serious offendersshould lose the vote for a period of time thatdoes not necessarily overlap with the durationof the other sanctions visited upon them. Thesearguments also imply (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  30. Richard L. Lippke (1999). Making Offenders Pay—For the Costs of Their Punishment. Social Theory and Practice 25 (1):61-77.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  31. Richard L. Lippke (1999). Torts, Corrective Justice, and Distributive Justice. Legal Theory 5 (2):149-169.
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  32. Richard L. Lippke (1999). The “Necessary Evil” Defense of Manipulative Advertising. Business and Professional Ethics Journal 18 (1):3-20.
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  33. Richard L. Lippke (1998). Prison Labor: Its Control, Facilitation, and Terms. [REVIEW] Law and Philosophy 17 (5/6):533 - 557.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  34. Richard L. Lippke (1998). Arguing Against Inhumane and Degrading Punishment. Criminal Justice Ethics 17 (1):29-41.
  35. Richard L. Lippke (1997). Should States Be in the Gambling Business? Public Affairs Quarterly 11 (1):57-73.
    Direct download  
     
    My bibliography  
     
    Export citation  
  36. Richard L. Lippke (1997). Thinking About Private Prisons. Criminal Justice Ethics 16 (1):26-38.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  37. Richard L. Lippke (1995). Radical Business Ethics. Rowman & Littlefield Publishers.
    No categories
     
    My bibliography  
     
    Export citation  
  38. Richard L. Lippke (1995). The Elusive Distinction Between Negative and Positive Rights. Southern Journal of Philosophy 33 (3):335-346.
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  39. Richard L. Lippke (1993). Justice and Insider Trading. Journal of Applied Philosophy 10 (2):215-226.
    While many countries are following the lead of the United States in making insider trading illegal, its moral status is still controversial. I summarise the scholarly debate over the fairness of insider trading and lay bare the assumptions about fairness implicit in that debate. I focus on the question whether those assumptions can be defended independently of a more comprehensive theory of social justice. Current analyses presuppose that we can intelligently discuss what the social rules regarding insider trading should be (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  40. Richard L. Lippke (1991). A Critique of Business Ethics. Business Ethics Quarterly 1 (4):367-384.
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  41. Richard L. Lippke (1991). Book Review:The Inner Citadel: Essays on Individual Autonomy. John Christman. [REVIEW] Ethics 101 (4):865-.
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  42. Richard L. Lippke (1989). Advertising and the Social Conditions of Autonomy. Business and Professional Ethics Journal 8 (4):35-58.
  43. Richard L. Lippke (1989). Work, Privacy, and Autonomy. Public Affairs Quarterly 3 (2):41-55.
    Direct download  
     
    My bibliography  
     
    Export citation  
  44. Richard L. Lippke (1987). The Rationality of the Egoist's Half-Way House. Southern Journal of Philosophy 25 (4):515-528.
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  45. Richard L. Lippke (1985). Setting the Terms of the Business Responsibility Debate. Social Theory and Practice 11 (3):355-370.
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  46. Richard L. Lippke (1984). Why Persons Are the Ground of Rights (and Utility Isn't). Journal of Value Inquiry 18 (3):207-217.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation