Criminal Law

Edited by Gustavo Beade (Universidad de Buenos Aires (UBA), Christian-Albrechts-Universität zu Kiel)
Related categories

2704 found
Order:
1 — 50 / 2704
Material to categorize
  1. Why Criminal Responsibility for Negligence Cannot Be Indirect.Alexander Greenberg - forthcoming - Cambridge Law Journal.
    A popular way to try to justify holding defendants criminally responsible for inadvertent negligence is via an indirect or ‘tracing’ approach, i.e. an approach which traces the inadvertence back to prior culpable action. I argue that this indirect approach to criminal negligence fails because it can’t account for a key feature of how criminal negligence should be (and sometimes is) assessed. Specifically, it can’t account for why, when considering whether a defendant is negligent, what counts as a risk should be (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  2. Legal proof and statistical conjunctions.Lewis D. Ross - 2020 - Philosophical Studies 178 (6):2021-2041.
    A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...)
    Remove from this list   Direct download (4 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  3. Putinism: A Phenomenological and Prototypical Investigation.Andrej Poleev - 2021
    English abstract: On last day of the year 1999, Russia has entered another era of despotism, that of Vladimir Putin. During his reign, the Putin‘s clan has undermined and infiltrated the mass media, the parliament and the judicial system. Deliberate violation of basic citizen‘s rights, compulsory acquisition of property, government-funded racket, misuse of mass media to scarify and to disinform the peoples belong to the diabolic methods of self-constituted disposers. All this lawlessness has led to exorbitant corruption, mass poverty, economic (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  4. 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 (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  5. Principles of Criminal Liability from the Semiotic Point of View.Michał Peno & Olgierd Bogucki - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):561-578.
    Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  6. A Painting, a Crime, a Controversy.Christina Spiesel - 2019 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):447-471.
    The exhibition by the Whitney Museum of American Art of a painting of the lynched Emmett Till by a white woman artist in its Biennial survey exhibition in 2017 caused a controversy that went to the heart of the contemporary art world in the United States. There was a demand made by a group, writing on behalf of artists of color that the painting be removed and destroyed. That demand gave birth to an intensive and very public conversation among important (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  7. Decoding the Crime Scene Photograph: Seeing and Narrating the Death of a Gangster.Anita Lam - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (1):173-190.
    Because Arthur ‘Weegee’ Fellig’s crime scene photographs have become the standard for visually representing crime scenes in popular culture, this paper examines the extra-legal lives of two of his images, both of which were produced at the site of a gangster’s death in 1936. To decode the crime scene photograph is to interrogate the ways in which we make sense of crime through seeing and narrating. To that end, this paper charts how these two crime images were contextualized first in (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  8. Does Criminal Responsibility Rest Upon a False Supposition? No.Luke William Hunt - 2020 - Washington University Jurisprudence Review 13 (1):65-84.
    Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is that (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  9. From Rehabilitation to Penal Communication: The Role of Furlough and Visitation Within a Retributivist Framework.William Bülow & Netanel Dagan - forthcoming - Punishment and Society.
    Retributivism is one of the most prevalent theories in contemporary penal theory. However, despite its popularity it is frequently argued that too little attention has been paid to the implications of retributivism for prison management and prison life, including prison visits and furlough. More so, it has been questioned both whether the various forms of retributivism found in the philosophical literature on criminal punishment have anything to say about what prison life ought to be like and whether they are able (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  10. Review of Ignorance Of Law: A Philosophical Inquiry, by Douglas Husak. [REVIEW]Stephen Bero - 2017 - Criminal Law and Criminal Justice Books 2017 (March).
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  11. Approaching or Re-thinking the Realm of Criminal Law?Nicola Lacey - 2020 - Criminal Law and Philosophy 14 (3):307-318.
    In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes and two fine monographs by Farmer and Tadros. It will shape the field for decades to come; and it has (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  12. Distributive Justice for Aggressors.Patrick Tomlin - 2020 - Law and Philosophy 39 (4):351-379.
    The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist way, in war combatants often have to make decisions about how to distribute harms among a plurality of aggressors: they must decide whom and how many to harm, and how much to harm them. In this paper, I look at simultaneous multiple aggressor cases in which more than one distribution of harm among (...)
    Remove from this list   Direct download (4 more)  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  13. Blacks, Cops, and the State of Nature.Raff Donelson - 2017 - Ohio State Journal of Criminal Law 15 (1):183-192.
    This essay offers a new way to conceptualize the “police violence against Blacks” phenomenon. I argue that we should see the situation as an instance of what Thomas Hobbes called the state of nature, that is, a state without effective law. This understanding of the phenomenon stands in sharp contrast to that offered by Professor Michelle Alexander in her book The New Jim Crow. Alexander sees the phenomenon as a continuation of centuries-old patterns of state-backed anti-Black racism. My account is (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  14. A Discourse on Recourse: Crime and Punishment.Brian Smithberger - unknown
    Crime takes its toll on any community. Crime does not always make a criminal. Therefore, punishment, once served, should be adequate for reconciliation and not deprive a person of life, liberty, and a remunerable career. Taking an honest look at the system is taking an even more honest look at the self and how it treats other people.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  15. Decision Theory, Relative Plausibility and the Criminal Standard of Proof.Alex Biedermann, David Caruso & Kyriakos N. Kotsoglou - forthcoming - Criminal Law and Philosophy:1-27.
    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 (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  16. Straffens filosofi.Kristoffer Balslev Willert - 2019 - Turbulens 1 (1):1.
  17. Retributivism and the Use of Imprisonment as the Ultimate Back-Up Sanction.William Bülow - 2019 - Canadian Journal of Law and Jurisprudence 32 (2):285-303.
    Imprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence risks (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark   1 citation  
  18. Special Issue on Recklessness and Negligence.Christopher Cowley & Beatrice Krebs - 2020 - Criminal Law and Philosophy 14 (1):5-8.
    This paper introduces the Special Issue on Recklessness and Negligence. It highlights the main issues and controversies that surround these concepts and then briefly introduces each of the papers that comprise the Special Issue.
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  19. Impunity and Hope.Tony Reeves - 2019 - Ratio Juris 32 (4):415-438.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  20. Yaffe, Gideon. The Age of Culpability: Children and the Nature of Criminal Responsibility. [REVIEW]Craig K. Agule - 2019 - Ethics 130 (2):271-276.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  21. The Authority of Moral Oversight: On the Legitimacy of Criminal Law.Christopher Bennett - 2019 - Legal Theory 25 (3):153-177.
    ABSTRACTAn influential view in recent philosophy of punishment is that the apparatus of criminal justice should be geared at least in part to state censure of wrongdoing. I argue that if it were to be so geared, such an apparatus would make ambitious claims to authority, and that the legitimacy of the relevant state would then depend on whether those claims can be vindicated. This paper looks first at what kind of authority is being claimed by this apparatus. The criminal (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  22. Special Issue on Recklessness and Negligence.Christopher Cowley & Beatrice Krebs - 2020 - Criminal Law and Philosophy 14 (1):5-8.
    This paper introduces the Special Issue on Recklessness and Negligence. It highlights the main issues and controversies that surround these concepts and then briefly introduces each of the papers that comprise the Special Issue.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  23. Criminal Disenfranchisement and the Concept of Political Wrongdoing.Annette Zimmermann - 2019 - Philosophy and Public Affairs 47 (4):378-411.
    Disagreement persists about when, if at all, disenfranchisement is a fitting response to criminal wrongdoing of type X. Positive retributivists endorse a permissive view of fittingness: on this view, disenfranchising a remarkably wide range of morally serious criminal wrongdoers is justified. But defining fittingness in the context of criminal disenfranchisement in such broad terms is implausible, since many crimes sanctioned via disenfranchisement have little to do with democratic participation in the first place: the link between the nature of a criminal (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  24. The Extended Corporate Mind: When Corporations Use AI to Break the Law.Mihailis Diamantis - forthcoming - North Carolina Law Review.
    Algorithms may soon replace employees as the leading cause of corporate harm. For centuries, the law has defined corporate misconduct — anything from civil discrimination to criminal insider trading — in terms of employee misconduct. Today, however, breakthroughs in artificial intelligence and big data allow automated systems to make many corporate decisions, e.g., who gets a loan or what stocks to buy. These technologies introduce valuable efficiencies, but they do not remove (or even always reduce) the incidence of corporate harm. (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  25. Virtue Ethics, Criminal Responsibility, and Dominic Ongwen.Renée Nicole Souris - 2019 - International Criminal Law Review 19 (3).
    In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an implication of this view (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  26. Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  27. Responsibility and the Limits of Conversation.Manuel R. Vargas - 2016 - Criminal Law and Philosophy 10 (2):221-240.
    Both legal and moral theorists have offered broadly “communicative” theories of criminal and moral responsibility. According to such accounts, we can understand the nature of responsibility by appealing to the idea that responsibility practices are in some fundamental sense expressive, discursive, or communicative. In this essay, I consider a variety of issues in connections with this family of views, including its relationship to free will, the theory of exemptions, and potential alternatives to the communicative model. Focusing on Michael McKenna’s Conversation (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  28. ‘O Call Me Not to Justify the Wrong’: Criminal Answerability and the Offence/Defence Distinction.Luís Duarte D’Almeida - 2012 - Criminal Law and Philosophy 6 (2):227-245.
    Most philosophers of criminal law agree that between criminal offences and defences there is a significant, substantial difference. It is a difference, however, that has proved hard to pin down. In recent work, Duff and others have suggested that it mirrors the distinction between criminal answerability and liability to criminal punishment. Offence definitions, says Duff, are—and ought to be—those action-types ‘for which a defendant can properly be called to answer in a criminal court, on pain of conviction and condemnation if (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  29. Predictions, Dangerousness, and Retributivism.Thomas Søbirk Petersen - 2014 - The Journal of Ethics 18 (2):137-151.
    Through the criminal justice system so-called dangerous offenders are, besides the offence that they are being convicted of and sentenced to, also punished for acts that they have not done but that they are believe to be likely to commit in the future. The aim of this paper is to critically discuss whether some adherents of retributivism give a plausible rationale for punishing offenders more harshly if they, all else being equal, by means of predictions are believed to be more (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  30. The Normative Significance of Mistakes of Law: Excusing Mistakes of Law: A View Sketched.Gideon Yaffe - 2015 - Jurisprudence 6 (1):77-80.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  31. Corporate Criminal Minds.Mihailis Diamantis - 2016 - Notre Dame Law Review 91:2049.
    In order to commit the vast majority of crimes, corporations must, in some sense, have mental states. Lawmakers and scholars assume that factfinders need fundamentally different procedures for attributing mental states to corporations and individuals. As a result, they saddle themselves with unjustifiable theories of mental state attribution, like respondeat superior, that produce results wholly at odds with all the major theories of the objectives of criminal law. -/- This Article draws on recent findings in cognitive science to develop a (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  32. Functional Corporate Knowledge.Mihailis Diamantis - forthcoming - William and Mary Law Review.
    The line between guilt and innocence often turns on what a defendant knew. While the law’s approach to knowledge may be relatively straightforward for individuals, its doctrines for corporate defendants are fraught with ambiguity and opportunities for gamesmanship. Corporations can spread information thinly across employees so that it is never “known.” And prosecutors can exploit legal uncertainties to bring knowledge-based charges where corporations were merely negligent in how they handled information. While knowledge as a mens rea has unique practical and (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  33. Feuerbach y la libertad: el objetivo del derecho penal liberal.Santiago Truccone Borgogno - 2013 - Revista General de Derecho Penal 1 (19):1-24.
    En este trabajo, se pretende realizar una lectura del pensamiento de Feuerbach para poder desentrañar el objetivo que perseguía con su obra. Asimismo se intentará explicar cómo la finalidad de la obra feuerbachiana se encuentra mejor defendido desde los ideales que se enmarcan en la filosofía política republicana, que con los de la liberal. Para ello, en primer lugar se analizará la histórica discusión sobre el concepto de libertad, tratando de ubicar a Feuerbach en alguno de ellos. Segundo, se intentará (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  34. Principio de Lesividad en la cuestión ambiental: el caso Barrio Ituzaingó anexo de la ciudad de Córdoba.Santiago Truccone Borgogno - 2015 - Revista de la Facultad de Derecho: Nueva Serie II (UNC) 2 (6):193-213.
    El presente escrito pretende analizar el principio de lesividad en un concreto ordenamiento legal como es el argentino. Para ello se utilizará al caso “Barrio Ituzaingó anexo de la ciudad de Córdoba”. Se intentarán evaluar los argumentos del tribunal a los fines de dilucidar si son acordes con lo que el ordenamiento constitucional argentino permite. Asimismo, se introducirá un inconveniente -el problema de la no-identidad- el que nos dejará frente a una situación dilemática.
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  35. Un concepto de daño y sus consecuencias para la parte general del derecho penal.Santiago Truccone Borgogno - 2017 - Política Criminal 12 (24):1184-1210.
    In this work, I will support a combined notion of harm according to which there are qualitatively different harms. I will support a way in which the severity of harms could be measured. Then, I will provide three principles about the strength of the reasons against harming. The supported thesis will provide some tools to solve some problems of the general part of criminal law. In relation to the analytical stratum of statutory description of an offence, I will show that (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  36. Pretrial Detention and Moral Agency.Katrina L. Sifferd & Tyler K. Fagan - 2018 - In David Boonin (ed.), Palgrave Handbook of Philosophy and Public Policy. Cham, Switzerland: Springer Verlag. pp. 11-23.
    In this chapter we explore the ethical justifications for criminal detentions prior to adjudication. Because defending pretrial detentions cannot be justified on purely forward-looking grounds, any plausible justification for pre-conviction detention must be partly backward-looking. Reflecting on the aims of the criminal law more broadly suggests that pretrial detentions, like post-conviction detentions, may be justified on “hybrid” grounds—but only if certain backward-looking retributive criteria and forward-looking instrumental criteria are met. We conclude that while it is possible in principle to justify (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  37. Are Psychopaths Legally Insane?Anneli Jefferson & Katrina Sifferd - 2018 - European Journal of Analytic Philosophy 14 (1):79-96.
    The question of whether psychopaths are criminally and morally responsible has generated significant controversy in the literature. In this paper, we discuss what relevance a psychopathy diagnosis has for criminal responsibility. It has been argued that figuring out whether psychopathy is a mental illness is of fundamental importance, because it is a precondition for psychopaths’ eligibility to be excused via the legal insanity defense. But even if psychopathy counts as a mental illness, this alone is not sufficient to show the (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  38. Collateral Restrictions.Zachary Hoskins - 2016 - In The New Philosophy of Criminal Law. London, UK: pp. 249-265.
    Remove from this list  
     
    Export citation  
     
    Bookmark   4 citations  
  39. La Critica di Guizot Ai Faits Généraux E Il Caso SISDE.Massimo Mancini - 1995 - Rivista Internazionale di Filosofia Del Diritto 3:621-628.
    Già nel 1821 Guizot ammonisce il governo francese, ma più generalmente tutti gli operatori del diritto, contro il diffondersi dell'impiego della teoria dei “fatti generali” nei processi per reati politici, considerandola un'intollerabile ingerenza politica nella sfera della giustizia e della sua amministrazione. Nei processi penali, l'esposizione e l'esame di fatti generali, “sans rapport direct et visible avec les accusés”, viene criticata da Guizot in quanto usualmente adottata come strumento per colpire fazioni opposte al potere dominante, obbligato, in assenza di fatti (...)
    Remove from this list  
    Translate
     
     
    Export citation  
     
    Bookmark  
  40. Corporate Essence and Identity in Criminal Law.Mihailis E. Diamantis - 2018 - Journal of Business Ethics 154 (4):955-966.
    How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  41. Legal Punishment and the Public Identification of Offenders.Richard Lippke - 2018 - Res Publica 24 (2):199-216.
    In the United States, the identities of criminal offenders are matters of public record, accessible to prospective employers, the press, and ordinary citizens. In European countries, the identities of offenders are routinely kept hidden, with some exceptions. The question addressed in this discussion concerns whether the public disclosure of the identities of offenders is part and parcel of their legal punishment. My contentions are that public disclosure is not conceptually part of legal punishment, necessary to serve substantive penal aims, or (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  42. Ehre, Geschlecht und Recht.Anne Siegetsleitner - manuscript
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  43. Book ReviewsMark R Reiff,. Punishment, Compensation, and Law: A Theory of Enforceability.Cambridge: Cambridge University Press, 2005. Pp. 262. $70.00. [REVIEW]Michael Davis - 2007 - Ethics 118 (1):171-175.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  44. Book ReviewsWasserman, David, and Wachbroit, Robert, Eds. Genetics and Criminal Behavior.Cambridge: Cambridge University Press, 2001. Pp. 335. $65.00. [REVIEW]David L. Hull - 2002 - Ethics 113 (1):185-187.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  45. Book ReviewsR. A. Duff, Punishment, Communication, and Community.New York: Oxford University Press, 2001. Pp. Xx+245. $45.00. [REVIEW]Chad Flanders - 2002 - Ethics 113 (1):149-151.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  46. Neural and Environmental Modulation of Motivation: What's the Moral Difference?Thomas Douglas - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
    Interventions that modify a person’s motivations through chemically or physically influencing the brain seem morally objectionable, at least when they are performed nonconsensually. This chapter raises a puzzle for attempts to explain their objectionability. It first seeks to show that the objectionability of such interventions must be explained at least in part by reference to the sort of mental interference that they involve. It then argues that it is difficult to furnish an explanation of this sort. The difficulty is that (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  47. The Wrong of Mass Punishment.Hamish Stewart - 2018 - Criminal Law and Philosophy 12 (1):45-57.
    The increase in incarceration of offenders in the United States over the last 40 years has created a system of mass incarceration or mass punishment. While consequentialist theories of punishment may generate considerable doubts about the value of this system, it seems that retributive theories of punishment lack the resources to criticize mass punishment. Because of their focus on individual desert, it seems that they can say nothing about punishment in the aggregate. Nevertheless, there are good reasons for a certain (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  48. Self-Driving Cars in Dilemmatic Situations: An Approach Based on the Theory of Justification in Criminal Law.Ivó Coca-Vila - 2018 - Criminal Law and Philosophy 12 (1):59-82.
    This article puts forward solutions to some of the ethical and legal dilemmas posed in the current discussion on how to program crash algorithms in autonomous or self-driving cars. The first part of the paper defines the scope of the problem in the criminal legal field, and the next section gives a critical analysis of the proposal to always prioritise the interest of the occupant of the vehicle in situations with conflict of interests. The principle of minimizing social damage as (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  49. The Point of Mens Rea: The Case of Willful Ignorance.Gideon Yaffe - 2018 - Criminal Law and Philosophy 12 (1):19-44.
    Under the “Willful Ignorance Principle,” a defendant is guilty of a crime requiring knowledge he lacks provided he is ignorant thanks to having earlier omitted inquiry. In this paper, I offer a novel justification of this principle through application of the theory that knowledge matters to culpability because of how the knowing action manifests the agent’s failure to grant sufficient weight to other people’s interests. I show that, under a simple formal model that supports this theory, omitting inquiry manifests precisely (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  50. Nicola Lacey: In Search of Criminal Responsibility: Ideas, Interests, and Institutions: Oxford University Press, Oxford, 2016, 256 Pp, £75.00 , £29.99 , ISBN: 9780199248216.Daniel Bansal - 2017 - Criminal Law and Philosophy 11 (4):861-865.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
1 — 50 / 2704