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  1.  13
    Decision Theory, Relative Plausibility and the Criminal Standard of Proof.Alex Biedermann, David Caruso & Kyriakos N. Kotsoglou - 2021 - Criminal Law and Philosophy 15 (2):131-157.
    The evolution of the understanding of evidence-based proof and decision processes in the law, especially criminal law, and standards of proof in this area, has a long-standing and controversial history. Competing accounts cause the legal scholarship to engage in critical and thoughtful exchanges. Some of the divergent views reflect different methodological perspectives similarly recognized in other fields, such as applied psychology and economy, and the broader interdisciplinary research fields of judgment and decision-making, system analysis and decision science. One such methodological (...)
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  2.  15
    Collateral Legal Consequences of Criminal Convictions in a Society of Equals.Jeffrey M. Brown - 2021 - Criminal Law and Philosophy 15 (2):181-205.
    This paper concerns what if any obligations a “society of equals” has to criminal offenders after legal punishment ends. In the United States, when people leave prisons, they are confronted with a wide range of federal, state, and local laws that burden their ability to secure welfare benefits, public housing, employment opportunities, and student loans. Since the 1980s, these legal consequences of criminal convictions have steadily increased in their number, severity, and scope. The central question I want to ask is (...)
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  3.  9
    Initial Design, Manipulation, and Moral Responsibility.John Martin Fischer - 2021 - Criminal Law and Philosophy 15 (2):255-270.
    This is a critical notice of Alfred Mele’s, Manipulated Agents: A Window to Moral Responsibility. I agree with Mele that moral responsibility is a historical phenomenon, but give some considerations in favor of a positive, rather than negative, historical condition for moral responsibility. I focus on Mele’s Zygote Argument, which is intended to present a challenge for compatibilism. I contend that the challenge can be met, and I offer an error theory of the appeal of the Zygote Argument.
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  4.  12
    Sex, Reasons, Pro Tanto Wronging, and the Structure of Rape Liability.Kate Greasley - 2021 - Criminal Law and Philosophy 15 (2):159-179.
    Some recent scholarship in the philosophy of criminal law has claimed that sexual penetration ‘per se’—meaning, consensual or otherwise—is pro tanto morally wrong, or that there exist ‘general reasons’ against it. On such a view, penetrative sex is only ever at best justified wrongdoing. When paired with an influential view about the theoretical basis of the offence-defence distinction in criminal law, the apparent implication is that sexual penetration alone ought to constitute the actus reus of rape, with the question of (...)
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  5.  3
    Radical Reversal Cases and Normative Appraisals.Ishtiyaque Haji - 2021 - Criminal Law and Philosophy 15 (2):271-284.
    In Manipulated Agents: A Window to Moral Responsibility, Alfred Mele invokes radical reversal cases in which one agent is covertly manipulated to be just like another agent in relevant respects to defend a version of the following “externalist” thesis: how agents acquire their springs of action, such as desires and beliefs, bears on whether they are morally responsible for their actions. I assess proposed rationales for the crucial verdict that agents in such cases are not responsible for their germane actions. (...)
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  6.  4
    From Retributive to Restorative Justice.Erin I. Kelly - 2021 - Criminal Law and Philosophy 15 (2):237-247.
    I am very grateful to Justin Coates, Adina Roskies, and Costanza Porro for their thoughtful and challenging comments on my book, The Limits of Blame: Rethinking Punishment and Responsibility. My response is organized around their discussion of four main topics: moral competence, proportionality, restorative justice, and excessive punishment.
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  7.  3
    On Manipulated Agents and History-Sensitive Compatibilism.Michael McKenna - 2021 - Criminal Law and Philosophy 15 (2):285-298.
    In this paper I explore various themes in Alfred Mele's Manipulated Agents: A Window to Moral Responsibility. I develop four points. First, I argue that Mele's historical requirement for moral responsibility for developed morally responsible agents should be coupled with a nonhistorical theory of initially developing agents. Second, I argue that one might resist Mele's negative historical requirement with a minimal positive historical requirement according to which an agent has a history wherein she did not undergo any responsibility-defeating events, like (...)
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  8.  13
    Manipulated Agents: Précis.Alfred R. Mele - 2021 - Criminal Law and Philosophy 15 (2):249-253.
    This précis kicks off an invited symposium on Alfred R. Mele.
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  9.  5
    Manipulated Agents: Replies to Fischer, Haji, and McKenna.Alfred R. Mele - 2021 - Criminal Law and Philosophy 15 (2):299-309.
    This article is part of a symposium on Alfred Mele’s Manipulated Agents: A Window to Moral Responsibility. It is Mele’s response to John Fischer, Ishtiyaque Haji, and Michael McKenna. Topics discussed include the bearing of manipulation on moral responsibility, the zygote argument, the importance of scenarios in which manipulators radically reverse an agent’s values, positive versus negative historical requirements for moral responsibility, the scope of moral responsibility, the value of intuitions, bullet-biting, and how we develop from neonates who are not (...)
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  10.  8
    Jason Hanna: In Our Best Interest: A Defense of Paternalism.Robert Noggle - 2021 - Criminal Law and Philosophy 15 (2):331-336.
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  11.  7
    Criminal Blame, Exclusion and Moral Dialogue.Costanza Porro - 2021 - Criminal Law and Philosophy 15 (2):223-235.
    In her recent book The Limits of Blame, Erin Kelly argues that we should rethink the nature of punishment because delivering blame is, contrary to the widely held view, not among the justifiable aims of a criminal justice system. In this paper, firstly, I discuss her case against criminal blame. Kelly argues that the emphasis on blame in the criminal justice system and in public discourse is one of the main causes of the stigma and exclusion faced by those convicted (...)
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  12.  3
    Review Essay of In Defense of Gun Control by Hugh LaFollette. [REVIEW]Bradley Jay Strawser & Bart Kennedy - 2021 - Criminal Law and Philosophy 15 (2):311-316.
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  13.  4
    Review of Malcolm Bull, On Mercy: Princeton University Press, Princeton and Oxford, 2019, 191 pp. [REVIEW]Steven Tudor - 2021 - Criminal Law and Philosophy 15 (2):317-322.
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  14.  9
    Cecile Fabre, Economic Statecraft: Human Rights, Sanctions and Conditionality.Michael L. Gross - 2021 - Criminal Law and Philosophy 15 (1):119-122.
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  15.  14
    Review of David Birks and Thomas Douglas, eds., Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice: Oxford University Press, Oxford, 2018, 384 pp. [REVIEW]Jason Hanna - 2021 - Criminal Law and Philosophy 15 (1):123-129.
    Neurological interventions are sometimes used to prevent criminal behavior. For instance, in some jurisdictions, sex offenders can be compelled to undergo treatment designed to reduce sexual desire. As David Birks and Thomas Douglas observe in their introduction to this volume, “chemical castration” may be just the tip of the iceberg. As neuroscience advances, it could reveal many other ways to control criminality. For instance, pharmacological treatments may help combat violent behavior or drug abuse. Such “crime-preventing neurointerventions” have been controversial. On (...)
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  16.  10
    Reasonable Self-doubt.Ofer Malcai & Ram Rivlin - 2021 - Criminal Law and Philosophy 15 (1):25-45.
    Sometimes, the availability of more evidence for a conclusion provides a reason to believe in its falsity. This counter-intuitive phenomenon is related to the idea of higher-order evidence, which has attracted broad interest in recent epistemological literature. Occasionally, providing more evidence for something weakens the case in its favor, by casting doubt on the probative value of other evidence of the same sort or on the fact-finder’s cognitive performance. We analyze this phenomenon, discuss its rationality, and outline possible application to (...)
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  17.  13
    What’s Wrong with Religious Establishment?David Miller - 2021 - Criminal Law and Philosophy 15 (1):75-89.
    Is it possible for a liberal society to have an established church? After outlining the conditions for liberal establishment, I take from David Hume a secular argument in its favour that points to the moderating effect of establishment on religious discourse and practice. I examine the claim that state support for religion violates liberal equality, and argue that, with respect to state-provided public goods generally, what matters is that the whole package should be of roughly equal benefit to each citizen; (...)
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  18.  13
    Religious Accommodation and Disproportionate Burden.Alan Patten - 2021 - Criminal Law and Philosophy 15 (1):61-74.
    The paper offers a critical engagement with Cécile Laborde’s book, Liberalism’s Religion. It elaborates several objections to Laborde’s account of religious accommodations, and sketches an alternative approach.
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  19.  19
    On Laborde’s Liberalism.Jonathan Quong - 2021 - Criminal Law and Philosophy 15 (1):47-59.
    This paper discusses Cécile Laborde’s book, Liberalism’s Religion. First, I pose some questions about how Laborde’s central proposal—disaggregating religion—is meant to solve the two most serious challenges that she argues confront existing liberal egalitarian theories. Second, I respond to some of the objections Laborde presses against my conception of political liberalism. Third, I argue that Laborde is mistaken in adopting accessibility as the appropriate standard for reasons within public justification. Finally, I suggest that Laborde’s view is, in the end, too (...)
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  20.  10
    Religion’s Liberalism.Jeremy Waldron - 2021 - Criminal Law and Philosophy 15 (1):91-103.
    This article explores the relation between modern liberalism and the religious foundations of public life. It is intended to complement Cecile Laborde’s book, Liberalism’s Religion, by showing that religious idea are capable of generating and sustaining liberal principles in their own way.
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  21.  60
    The Expressivist Objection to Nonconsensual Neurocorrectives.Gabriel De Marco & Thomas Douglas - 2021 - Criminal Law and Philosophy.
    Neurointerventions—interventions that physically or chemically modulate brain states—are sometimes imposed on criminal offenders for the purposes of diminishing the risk that they will recidivate, or, more generally, of facilitating their rehabilitation. One objection to the nonconsensual implementation of such interventions holds that this expresses a disrespectful message, and is thus impermissible. In this paper, we respond to this objection, focusing on the most developed version of it—that presented by Elizabeth Shaw. We consider a variety of messages that might be expressed (...)
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  22.  60
    Neuroscience and Normativity: How Knowledge of the Brain Offers a Deeper Understanding of Moral and Legal Responsibility.William Hirstein - 2021 - Criminal Law and Philosophy:1-25.
    Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...)
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