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  1. Victor Tadros (forthcoming). Answers. Criminal Law and Philosophy:1-30.
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  2. Victor Tadros (2014). Orwell's Battle with Brittain: Vicarious Liability for Unjust Aggression. Philosophy and Public Affairs 42 (1):42-77.
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  3. Victor Tadros (2014). Resource Wars. Law and Philosophy 33 (3):361-389.
    One of the most interesting questions raised in Cecile Fabre’s Cosmopolitan War concerns war for the sake of resources. Fabre argues that it is sometimes permissible to go to war for the sake of resources that the poor are entitled to. I agree with this, but I think it is true only in very restricted circumstances. I consider a number of arguments in favour of resource wars, showing many of them to fail. The most promising argument, I suggest, is that (...)
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  4. Victor Tadros (2014). The Ideal of the Presumption of Innocence. Criminal Law and Philosophy 8 (2):449-467.
    This article clarifies and further defends the view that the right to be presumed innocent until proven guilty, protected by Article 6(2) of the European Convention of Human Rights has implications for the substantive law. It is shown that a ‘purely procedural’ conception of the presumption of innocence has absurd implications for the nature of the right. Objections to the moderate substantive view defended are considered, including the acceptability of male prohibits offences, the difficulty of ascertaining intentions of legislatures and (...)
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  5. Victor Tadros (2013). Introduction: Political Philosophy and Criminal Justice. [REVIEW] Criminal Law and Philosophy 7 (2):179-184.
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  6. Victor Tadros (2013). Responses. Law and Philosophy 32 (2-3):241-325.
    This essay is a response to the excellent contributions to the double special issue of Law and Philosophy on my book The Ends of Harm. I further defend the Duty View of punishment outlined in the book, responding to criticisms of that view. I also challenge the plausibility of retributivist accounts offered in response to the challenges to that view developed in The Ends of Harm.
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  7. Victor Tadros (2012). Duty and Liability. Utilitas 24 (02):259-277.
    In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second (...)
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  8. Victor Tadros (2011). Harm, Sovereignty, and Prohibition. Legal Theory 17 (1):35-65.
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  9. Victor Tadros (2011). Independence Without Interests? Oxford Journal of Legal Studies 31 (1):193-213.
    This review article discusses Arthur Ripstein’s Kantian account of rights. Our most important rights, Ripstein argues, are determined by our independence rather than our interests. And a significant group of these rights—our rights over external things—is enforceable only in virtue of state membership. I argue that whilst independence is an important source of rights, we cannot exclude interests from an adequate account of rights, and that once this is acknowledged we will conclude that the state is less important than Ripstein (...)
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  10. Victor Tadros (2011). Obligations and Outcomes. In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. 173.
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  11. Victor Tadros (2011). The Ends of Harm: The Moral Foundations of Criminal Law. Oxford University Press.
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
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  12. Victor Tadros (2009). Law, Strategy and Democracy: A Response to Duff. Journal of Applied Philosophy 26 (3):269-275.
    abstract In this response to Antony Duff's paper, I raise doubts about the method of moving from internal to external critique, suggesting that external critique, focusing on more basic principles in moral and political philosophy, has primacy, and that internal critique, if it is done well, will very quickly turn external. I then suggest a different distinction: that between pure and strategic philosophical work, suggesting that more strategic work might be done in legal philosophy to improve the impact of philosophical (...)
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  13. Victor Tadros (2009). Poverty and Criminal Responsibility. Journal of Value Inquiry 43 (3):391-413.
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  14. Victor Tadros (2009). The Architecture of Criminalization. Criminal Justice Ethics 28 (1):74-88.
  15. Victor Tadros (2007). Criminal Responsibility. OUP Oxford.
    This book considers the proper nature and scope of criminal responsibility in the light of its institutional and political role. Tadros begins by providing an account of the foundations, both ethical and political, of criminal responsibility, and moves on to reconsider some of the central doctrines of criminal responsibility. -/- Part 1 examines the nature of criminal responsibility by employing a distinctive new conception of autonomy. Tadros explores the nature of autonomy, and asks what it means to respect autonomy. Building (...)
     
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  16. Victor Tadros (2007). Distinguishing General Theory, Doctrine and Evidence in Criminal Responsibility: A Response to Lacey. Criminal Law and Philosophy 1 (3):259-265.
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  17. Victor Tadros (2007). Rethinking the Presumption of Innocence. Criminal Law and Philosophy 1 (2):193-213.
    This article is concerned with what constitutes interference with the presumption of innocence and what justifications there might be for such interference. It provides a defence of a theory of the presumption of innocence that suggests that the right is interfered with if the offence warrants conviction of defendants who are not the intended target of the offence. This thesis is defended against two alternative theories. It then considers what might justify interference with the presumption of innocence. It explores the (...)
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  18. Victor Tadros (2006). Rape Without Consent. Oxford Journal of Legal Studies 26 (3):515-543.
    This article is a defence of a differentiated offence of rape. A differentiated offence is an offence which can be completed in a number of different ways that cannot be captured in a simple definition. It is argued that such an offence would meet several concerns that have been expressed in the feminist literature about the law of rape. It would assist certainty, it would reduce the extent to which the offence focuses on the conduct of the complainant, it would (...)
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  19. Victor Tadros (2001). The Characters of Excuse. Oxford Journal of Legal Studies 21 (3):495-519.
    Two theories of excuses are currently popular in criminal law theory: the character theory and the capacity theory. In the former the defendant claims that although he performed a wrongful action, it did not properly reflect his character. In the latter, the defendant claims that although he performed a wrongful action he lacked the capacity to do otherwise. In John Gardner's view neither claim is adequate to provide the defendant with an excuse. Excuses, Gardner thinks, are only appropriate where the (...)
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  20. Victor Tadros (1998). Between Governance and Discipline: The Law and Michel Foucault. Oxford Journal of Legal Studies 18 (1):75-103.
    This article attempts to re-establish the importance of Foucault's work for an understanding of the way in which modern law operates. This argument has two stages. Firstly, there is a critique of the interpretation of Foucault's work by legal and sociological thinkers. It is argued that by reading the term ‘juridical’ as synonymous with the term ‘law’ in Foucault, people miss the substance of Foucault's argument. The term juridical describes an arrangement and a representation of power rather than the law. (...)
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