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  1.  9
    Byproducts, Side-Effects, and the Law of War.Jacob Bronsther - 2023 - Criminal Law and Philosophy 17 (3):735-757.
    The Doctrine of Double Effect (DDE) provides that, all else equal, intentional deaths are harder to justify than merely foreseen deaths. The principle is meant to ground the distinction within humanitarian law between terror bombing and strategic bombing. However, according to the “closeness problem,” terror bombers are not necessarily intentional killers. Terror bombing strictly requires only that the civilians appear dead, goes the argument, such that—for a “sophisticated” terror bomber—the civilians’ deaths could be unintended side-effects of making them appear dead. (...)
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  2.  18
    Flight and Force.Kimberly Kessler Ferzan & Rachel Harmon - 2023 - Criminal Law and Philosophy 17 (3):597-613.
    Sometimes a police officer can only stop a fleeing suspect by striking or shooting him. When is it morally justified to use such force rather than let the suspect go? Beginning with deadly force, this article disentangles key considerations. First, it distinguishes justifications for force that are premised on a liability or forfeiture from justifications premised upon lesser-evils considerations. Second, it unpacks the distinct interests the state might claim in subduing suspects, from adjudicating suspects, to punishing criminals, to preventing crime. (...)
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  3.  9
    Idealizing Abolition.Daniel Fryer - 2023 - Criminal Law and Philosophy 17 (3):553-572.
    The United States system of policing is in drastic need of change. Some recent critics have encouraged that we avoid trying to repair the system—and abolish it altogether. In advancing this position, they often invoke ideas of “dreams,” “speculative imagination,” and “horizons” to guide efforts at fixing the problems of policing. In this essay, I caution against the overuse of this sort of idealized discourse in debates about policing. Specifically, I show how idealizations risk being counterproductive with respect to abolitionists’ (...)
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  4.  5
    A Fiduciary Principle of Policing.Stephen Galoob - 2023 - Criminal Law and Philosophy 17 (3):615-634.
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  5.  6
    Introduction to Symposium on Policing and Political Philosophy.Stephen R. Galoob & Jake Monaghan - 2023 - Criminal Law and Philosophy 17 (3):545-551.
    This introduction summarizes a broad divide within philosophical scholarship on policing, then summarizes the papers in this symposium in light of that divide.
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  6.  4
    Review of The Criminal Law’s Person, edited by Claes Lernestedt and Matt Matravers. Oxford: Hart, 2022. [REVIEW]Tatjana Hörnle - 2023 - Criminal Law and Philosophy 17 (3):765-769.
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  7.  98
    Good Faith as a Normative Foundation of Policing.Luke William Hunt - 2023 - Criminal Law and Philosophy 17 (3):1-17.
    The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to policing, (...)
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  8.  8
    The Concept of the Police.Eric J. Miller - 2023 - Criminal Law and Philosophy 17 (3):573-595.
    The organization of the modern police is a contingent social choice about how to engage in the process of governance when regulating public order on the street. The police are the agency authorized to act upon the state’s duty to govern in response to public emergencies. The duty to govern exists when there is some urgent social need that could be resolved by acting, and some person or institution has the resources and ability to do that act. The duty is (...)
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  9.  9
    Policing Disobedient Demonstrations.Jake Monaghan - 2023 - Criminal Law and Philosophy 17 (3):653-668.
    This article sketches a case for the importance of allowing and protecting civil disobedience in a democratic society. There are weighty reasons for non-enforcement of certain laws under certain circumstances, which undermines the legalistic claim that justice requires police to faithfully (try to) enforce all laws at all times. Furthermore, questions about how the police should respond to disobedient demonstrations are not settled by popular theoretical treatments of civil disobedience. Police responses to disobedient demonstrations should be guided by a principle (...)
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  10.  7
    Imprisonment.Hadassa Noorda - 2023 - Criminal Law and Philosophy 17 (3):691-709.
    Criminal law theorists have for the most part neglected the question of why imprisonment requires special legal safeguards for those targeted. The few scholars who have addressed this question have focused on how prison facilities restrict freedom of movement, control over one’s daily life, and access to particular human functioning, but they have ignored state measures that do not include confining individuals behind bars. I defend an alternative account: I argue that the use of prison facilities is part of a (...)
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  11.  5
    Review of Ned Dobos: Ethics, Security, and the War-Machine: The True Cost of the Military (Oxford: Oxford University Press, 2020). [REVIEW]James Pattison - 2023 - Criminal Law and Philosophy 17 (3):759-764.
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  12.  12
    Standing to Punish the Disadvantaged.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (3):711-733.
    Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...)
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  13.  22
    The Uses and Abuses of Sociality: A Reply To Kimberley Brownlee.Elizabeth Brake - 2023 - Criminal Law and Philosophy 17 (2):463-474.
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  14.  9
    Matthew C. Altman: A Theory of Legal Punishment: Deterrence, Retribution and the Aims of the State, Routledge, London, 2021.Thom Brooks - 2023 - Criminal Law and Philosophy 17 (2):507-511.
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  15.  16
    The Human Right to Adequate Social Inclusion: A Reply to Critics.Kimberley Brownlee - 2023 - Criminal Law and Philosophy 17 (2):491-506.
    This Reply offers my answers to Cheshire Calhoun’s, Elizabeth Brake’s, and Monika Betzler’s wonderful contributions to the Criminal Law and Philosophy symposium on Being Sure of Each Other (2020). Their contributions focus respectively on the conceptual and normative foundations of my defence of our human rights to have adequate social inclusion, the harms that might flow from recognising such rights as human rights, and the impact such rights can have on our most intimate relations. My replies aim both to clarify (...)
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  16.  24
    Social Connections, Social Contributions, and Why They Matter: Comments on Being Sure of Each Other.Cheshire Calhoun - 2023 - Criminal Law and Philosophy 17 (2):453-462.
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  17.  13
    The Sociability Argument for the Burqa Ban: A Qualified Defence.Bouke Https://Orcidorg de Vries - 2023 - Criminal Law and Philosophy 17 (2):317-337.
    Over the past decade, countries such as France, Belgium, Denmark, Austria, Latvia, and Bulgaria have banned face-coverings from public spaces. These bans are popularly known as ‘burqa bans’ as they seem to have been drafted with the aim of preventing people from wearing burqas and niqabs specifically. The scholarly response to these bans has been overwhelmingly negative, with several lawyers and philosophers arguing that they violate the human right to freedom of religion. While this article shares some of the concerns (...)
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  18.  23
    Do Criminal Offenders Have a Right to Neurorehabilitation?Emma Dore-Horgan - 2023 - Criminal Law and Philosophy 17 (2):429-451.
    Soon it may be possible to promote the rehabilitation of criminal offenders through _neurointerventions_ (interventions which exert direct physical, chemical or biological effects on the brain). Some jurisdictions already utilise neurointerventions to diminish the risk of sexual or drug-related reoffending. And investigation is underway into several other neurointerventions that might also have rehabilitative applications within criminal justice—for example, pharmacotherapy to reduce aggression or impulsivity. Ethical debate on the use of neurointerventions to facilitate rehabilitation—henceforth ‘neurorehabilitation’—has proceeded on two assumptions: that we (...)
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  19.  21
    Criminal Responsibility and Fair Moral Opportunity.Benjamin Ewing - 2023 - Criminal Law and Philosophy 17 (2):291-316.
    It is often thought that an agent is blameworthy only for wrongdoing she had a fair opportunity to avoid. However, in this article, I defend the thesis that there is a form of culpability for wrongdoing—exemplified by criminal guilt—that it is possible to accrue even for wrongdoing one lacked a fair opportunity to avoid. If I am right that criminal guilt, properly conceived, is not something everyone necessarily has a fair opportunity to avoid, an offender’s lack of fair opportunity to (...)
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  20.  13
    Policing the Gaps: Legitimacy, Special Obligations, and Omissions in Law Enforcement.Katerina Hadjimatheou & Christopher Nathan - 2023 - Criminal Law and Philosophy 17 (2):407-427.
    The ethics of policing currently neglects to provide a framework for analysing the morality of deliberate inactions to prevent harm, even though these are often adopted tactically by police as a means of preventing greater harms. In this paper we argue (a) that police have special moral obligations to prevent harm, grounded both in a contractarian account of police legitimacy and in the interpersonal morality of associations and (b) that police are morally culpable for failures to fulfil these special obligations (...)
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  21.  12
    Review of The Scope of Consent by Tom Dougherty (Oxford: Oxford University Press, 2021). [REVIEW]Richard Healey - 2023 - Criminal Law and Philosophy 17 (2):531-538.
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  22.  5
    Review of Guy Elgat, Being Guilty: Freedom, Responsibility, and Conscience in German Philosophy from Kant to Heidegger (Oxford: Oxford University Press, 2022). [REVIEW]David James - 2023 - Criminal Law and Philosophy 17 (2):539-544.
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  23.  11
    Blameworthiness and the Outcomes of One’s Actions.Ambrose Y. K. Lee - 2023 - Criminal Law and Philosophy 17 (2):271-290.
    There are at least two ways to argue for the view that the outcome of one’s actions does not affect one’s blameworthiness. The first way appeals to the ‘Control Principle’ while the second way relies on what it means to be blameworthy. The focus of this paper is on a recent attempt at pursuing this second way that relies on an account of blameworthiness dubbed the ‘Engagement View’. This paper argues, however, that the Engagement View alone is insufficient to show (...)
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  24. The Right to Do Wrong: Morality and the Limits of Law, by Mark Osiel (Cambridge: Harvard University Press), 2019. [REVIEW]Daniel Muñoz - 2023 - Criminal Law and Philosophy 17 (2):523-529.
  25.  9
    Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality.Nuria Pastor Muñoz - 2023 - Criminal Law and Philosophy 17 (2):381-406.
    International criminal law (ICL) is an achievement, but at the same time a challenge to the traditional conception of the principle of legality (_lex praevia_, _scripta_, and _stricta_ – Sect. 1). International criminal tribunals have often based conviction for international crimes on unwritten norms the existence and scope of which they have failed to substantiate. In so doing, they have evaded the objection that they were applying _ex post facto_ criminal laws. This approach, the relaxation of the concept of law (...)
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  26.  8
    Review of The Movement for Black Lives: Philosophical Perspectives, Brandon Hogan, Michael Cholbi, Alex Madva, and Benjamin S. Yost, eds. Oxford: Oxford University Press, 2021. [REVIEW]Andrew Valls - 2023 - Criminal Law and Philosophy 17 (2):513-521.
    The Movement for Black Lives: Philosophical Perspectives is a welcome intervention into the ongoing discourse, both public and academic, on the issues of raised by the movement. The book will be of great interest to scholars interested in philosophical issues surrounding racial inequality and it is also suitable for adoption in advanced undergraduate and graduate courses. This volume is evidence of the fruitfulness of philosophical reflection on and engagement with social movements, as well as being an important contribution to the (...)
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  27.  13
    The Natural Meaning of Crime and Punishment: Denying and Affirming Freedom.David Chelsom Vogt - 2023 - Criminal Law and Philosophy 17 (2):339-358.
    The article discusses the link between freedom, crime and punishment. According to some theorists, crime does not only cause a person to have less freedom; it constitutes, _in and of itself_, a breach of the freedom of others. Punishment does not only cause people to have more freedom, for instance by preventing crimes; it constitutes, _in and of itself_, respect for mutual freedom. If the latter claims are true, crime and punishment must have certain _meanings_ that make them denials/affirmations of (...)
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  28.  15
    Recklessness and Circumstances in Criminal Attempts.Di Yang - 2023 - Criminal Law and Philosophy 17 (2):359-380.
    Criminal attempts require intent to commit an offence. But what constitutes such intent? Some cases are fairly straightforward. I act with intent to convert stolen goods if I intend that the goods I purchase be stolen. A man acts with intent to commit rape if he intends that the sexual intercourse be non-consensual. Other cases leave room for reasonable disagreement. Did a man intend to convert criminal property when he purchased goods which he suspected might be stolen? And did a (...)
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  29.  92
    Lowering the Boom: A Brief for Penal Leniency.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (2):251-270.
    This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...)
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  30.  4
    Review of Stephen P. Garvey, Guilty Acts, Guilty Minds (Oxford: Oxford University Press, 2020). [REVIEW]Christopher Bennett - 2023 - Criminal Law and Philosophy 17 (1):235-242.
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  31.  11
    Review of Alec D. Walen The Mechanics of Claims and Permissible Killing in War (Oxford: Oxford University Press, 2019). [REVIEW]Joseph Bowen - 2023 - Criminal Law and Philosophy 17 (1):207-214.
    This paper reviews Alec D. Walen’s _The Mechanics of Claims and Permissible Killing in War_.
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  32.  15
    Criminal Law Exceptionalism as an Affirmative Ideology, and its Expansionist Discontents.Christoph Burchard - 2023 - Criminal Law and Philosophy 17 (1):17-27.
    Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the dark sides of criminal laws in (...)
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  33.  16
    Criminal Law Exceptionalism: Introduction.Christoph Burchard & Antony Duff - 2023 - Criminal Law and Philosophy 17 (1):3-4.
    Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the dark sides of criminal laws in (...)
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  34.  11
    After the Gavel Falls: Rethinking the Relationship Between Sentencing and Prison Functions.Netanel Dagan & Shmuel Baron - 2023 - Criminal Law and Philosophy 17 (1):175-195.
    The relationship between the purposes of sentencing and imprisonment can be variously conceptualized. The paper theorizes and contrasts two models of sentencing and prison relations—continuity and separation. The continuity model assumes continuity between sentencing and prison regime. Under this model, all sentencing purposes may impact prison regime. The separation model distinguishes between the purposes of sentencing and of imprisonment. Under the separation model, the retributive element of imprisonment is completely fulfilled by depriving the prisoner of liberty. Retributive considerations can affect (...)
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  35.  28
    Is Criminal Law ‘Exceptional’?R. A. Duff & S. E. Marshall - 2023 - Criminal Law and Philosophy 17 (1):39-48.
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  36.  15
    Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder.Thomas Hartvigsson - 2023 - Criminal Law and Philosophy 17 (1):111-134.
    The aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental (...)
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  37.  11
    On the ‘Specialness’ of the Criminal Law.Matt Matravers - 2023 - Criminal Law and Philosophy 17 (1):49-59.
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  38.  12
    George Duke on Aristotle, Politics, and Nomos: Review of George Duke’s Aristotle and Law: The Politics of Nomos. [REVIEW]Joaquín Reyes - 2023 - Criminal Law and Philosophy 17 (1):217-221.
  39.  23
    The Wages of Criminal Law Exceptionalism.Alice Ristroph - 2023 - Criminal Law and Philosophy 17 (1):5-15.
    In this short essay, I suggest a few specific ways in which criminal law exceptionalism has shaped the theory and practice of criminal law. First, criminal law exceptionalism isolates criminal theory from legal theory more generally, with the result that criminal theorists often miss insights from other legal fields. Relatedly but more broadly, criminal law exceptionalism can make sociology, psychology, history, and political theory invisible or seemingly irrelevant to criminal theory. Together, these two forms of scholarly insularity put criminal theory (...)
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  40.  17
    Reclamation: A Liberal Theory of Criminal Justice.Lindsey Jo Schwartz - 2023 - Criminal Law and Philosophy 17 (1):247-248.
  41.  12
    The Remains of Exceptionalism in Criminal Law.Francesco Viganò - 2023 - Criminal Law and Philosophy 17 (1):71-81.
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  42.  7
    Justifying Public Justice.Tarek Yusari Khaliliyeh - 2023 - Criminal Law and Philosophy 17 (1):249-249.
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  43.  26
    Punishment With and Without the State: Comments on Linda Radzik’s The Ethics of Social Punishment: The Enforcement of Morality in Everyday Life.Leo Zaibert - 2023 - Criminal Law and Philosophy 17 (1):197-206.
    Linda Radzick's new book, _The Ethics of Social Punishment_, contains an important discussion of punishment outside the context of the state. By way of celebrating this fine and welcome book, I try to probe some analytical contours concerning punishment seen from the general perspective on which Radzick and I agree. I suggest altogether abandoning the idea that (non-state) punishment needs to be inflicted by an authority. Furthermore, I insist on an account of retributivism that resists the usual accusations of barbarism (...)
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  44. Mechanical Choices: A Compatibilist Libertarian Response.Christian List - 2023 - Criminal Law and Philosophy:1-23.
    Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...)
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  45.  24
    Deserving Blame, and Sometimes Punishment.Katrina L. Sifferd - 2023 - Criminal Law and Philosophy (TBA):1-18.
    Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that criminal punishment can be justified (...)
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  46.  7
    How does Structural Injustice Impact Criminal Responsibility?Katrina L. Sifferd - 2023 - Criminal Law and Philosophy:1-12.
    David Brink’s book Fair Opportunity & Responsibility is a meticulously argued and ultimately convincing book that carefully articulates the requirements for criminal guilt and punishment. As the title suggests, Brink argues that only one who has a fair opportunity to be law-abiding ought to be held responsible when they commit a crime. It is unfair to hold a person responsible if they lack abilities necessary to legal agency at the time of a wrongful act, or if these abilities are severely (...)
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