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  1. Victor Tadros (forthcoming). Moving Mountains: Variations on a Theme by Shelly Kagan. Criminal Law and Philosophy:1-13.
    My response to Shelly Kagan’s book, The Geometry of Desert, is to raise both general and more specific issues. I criticise Kagan’s way of setting up his project. I will suggest many factors other than desert better explain Kagan’s cases. I then examine more particular aspects of the project. I investigate Kagan’s discussion of what he calls the V-shaped skyline. According to Kagan, the V-shaped skyline represents the idea that it is more important that the very vicious and the very (...)
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  2. Victor Tadros (forthcoming). Punishment and the Appropriate Response to Wrongdoing. Criminal Law and Philosophy:1-20.
    My main aims in this paper are to further clarify and defend the Duty View of punishment, outlined in my book The Ends of Harm, by responding to some objections to it, and by exploring some variations on that view. I briefly lay out some steps in the justification of punishment that I defend more completely in Chapter 12 of The Ends of Harm. I offer some further support for these steps. They justify punishment of an offender for general deterrence (...)
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  3. Victor Tadros (2015). Answers. Criminal Law and Philosophy 9 (1):73-102.
    I am extremely grateful to Daniel Farrell, Hamish Stewart, Kasper Lippert-Rasmussen and Suzanne Uniacke for their careful, imaginative and probing responses to The Ends of Harm: The Moral Foundations of Criminal Law in this special issue of Criminal Law and Philosophy. It is especially gratifying that philosophers of this calibre, not all of whom have worked directly on the philosophy of punishment and the philosophy of criminal law, have engaged with Ends in this way.One of my ambitions in writing Ends (...)
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  4. Victor Tadros (2015). Wrongful Intentions Without Closeness. Philosophy and Public Affairs 43 (1):52-74.
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  5. 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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  6. 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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  7. 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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  8. Victor Tadros (2013). Introduction: Political Philosophy and Criminal Justice. [REVIEW] Criminal Law and Philosophy 7 (2):179-184.
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  9. 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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  10. 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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  11. Victor Tadros (2011). Harm, Sovereignty, and Prohibition. Legal Theory 17 (1):35-65.
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  12. 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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  13. 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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  14. 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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  15. 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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  16. Victor Tadros (2009). Poverty and Criminal Responsibility. Journal of Value Inquiry 43 (3):391-413.
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  17. Victor Tadros (2009). The Architecture of Criminalization. Criminal Justice Ethics 28 (1):74-88.
  18. Victor Tadros (2007). Criminal Responsibility. Oup Oxford.
    This book provides a systematic, philosophically informed account of criminal responsibility. It begins by providing a general account of criminal responsibility based on the relationship between the action that the defendent has performed and their character. It then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.
     
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  19. 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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  20. 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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  21. 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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  22. 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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  23. Peter Oliver, Sionaidh Douglas-Scott & Victor Tadros (2000). Faith in Law Essays in Legal Theory.
     
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  24. 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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