Criminal Law

Edited by Gustavo Beade (Universidad de Buenos Aires (UBA), Christian-Albrechts-Universität zu Kiel)
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  1. Recent Work on the Proof Paradox.Lewis D. Ross - forthcoming - Philosophy Compass.
    Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.
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  2. 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 (...)
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  3. 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.
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  4. Straffens filosofi.Kristoffer Balslev Willert - 2019 - Turbulens 1 (1):1.
  5. 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. (...)
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  6. 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 (...)
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  7. 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...
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  8. Rehabilitating Statistical Evidence.Lewis Ross - forthcoming - Philosophy and Phenomenological Research.
    Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...)
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  9. 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 (...)
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  10. ‘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 (...)
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  11. Predictions, Dangerousness, and Retributivism.Thomas Søbirk Petersen - 2014 - 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 (...)
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  12. The Normative Significance of Mistakes of Law: Excusing Mistakes of Law: A View Sketched.Gideon Yaffe - 2015 - Jurisprudence 6 (1):77-80.
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  13. Review of Findlay Stark, Culpable Carelessness: Recklessness and Negligence in the Criminal Law: Cambridge University Press, 2016, 327 Pp. [REVIEW]Alexander Sarch - 2018 - Criminal Law and Philosophy 12 (4):725-730.
    This book review sketches the main arguments of Findlay Stark’s book, and then goes on to develop an objection to Stark’s account of one of the core notions in the book—namely, awareness of risk.
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  14. 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 (...)
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  15. 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 (...)
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  16. 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 (...)
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  17. 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.
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  18. 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 (...)
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  19. Pretrial Detention and Moral Agency.Katrina L. Sifferd & Tyler Fagan - 2018 - In David Boonin (ed.), Palgrave Handbook of Philosophy and Public Policy. Cham, Switzerland: 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 (...)
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  20. 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 (...)
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  21. Collateral Restrictions.Zachary Hoskins - 2016 - In The New Philosophy of Criminal Law. London, UK: pp. 249-265.
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  22. Non-Eliminative Reductionism: Not the Theory of Mind Some Responsibility Theorists Want, but the One They Need.Katrina L. Sifferd - 2018 - In Bebhinn Donnelly Lazarov (ed.), Neurolaw and Responsibility for Action: Concepts, Crimes, and Courts. Cambridge: Cambridge University Press. pp. 71-103.
    This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical stuff – (...)
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  23. 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 (...)
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  24. Corporate Essence and Identity in Criminal Law.Mihailis 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 (...)
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  25. 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 (...)
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  26. Ehre, Geschlecht und Recht.Anne Siegetsleitner - manuscript
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  27. 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.
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  28. 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.
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  29. 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.
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  30. 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 (...)
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  31. 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 (...)
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  32. 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 (...)
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  33. 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 (...)
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  34. 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.
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  35. The Denial of Procedural Safeguards in Trials for Regulatory Offences: A Justification.Federico Picinali - 2017 - Criminal Law and Philosophy 11 (4):681-703.
    Regulatory offences are a complex phenomenon, presenting problematic aspects both at the level of criminalisation and at the level of enforcement. The literature abounds in works that study the phenomenon. There is, however, an aspect that has remained largely unexplored. It concerns the relationship between the regulatory framework within which the crime occurs and the procedural safeguards that defendants normally enjoy at trial or at the pre-trial stage: defendants tried for regulatory offences are often denied safeguards that are generally considered (...)
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  36. Bennett’s Expressive Justification of Punishment.Peter Chau - 2017 - Criminal Law and Philosophy 11 (4):661-679.
    In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because he fails to (...)
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  37. Punishment Drift: The Spread of Penal Harm and What We Should Do About It.Richard L. Lippke - 2017 - Criminal Law and Philosophy 11 (4):645-659.
    It is well documented that the effects of legal punishment tend to drift to the family members, friends, and larger communities of convicted offenders. Instead of conceiving of punishment drift as incidental to legal punishment, or as merely foreseen but not intended by state authorities and thus permissible, I argue that efforts ought to be undertaken to limit or ameliorate it. Failure to confine punishment drift comes perilously close to punishment of the innocent and is at odds with other legal (...)
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  38. Radical and Marxist Theories of Crime, Lynch & Stretesky (Review). [REVIEW]Miroslav Imbrisevic - 2014 - Marx and Philosophy Review of Books 1:1-3.
    This collection of essays approaches the issue of crime from the perspective of criminology, which is traditionally concerned with the nature and causes of crime. Radical or Marxist criminology (RMC) became prominent in the late 60s. This strand of criminology is concerned with how class formation, class structure and crime are related. It is assumed that the motivation to commit crimes is not innate to individuals but is a result of social conditions. RMC’s most important premise is that the structure (...)
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  39. Are ‘Optimistic’ Theories of Criminal Justice Psychologically Feasible? The Probative Case of Civic Republicanism.Victoria McGeer & Friederike Funk - 2017 - Criminal Law and Philosophy 11 (3):523-544.
    ‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, for example, that (...)
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  40. Mass Incarceration and the Theory of Punishment.Vincent Chiao - 2017 - Criminal Law and Philosophy 11 (3):431-452.
    An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...)
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  41. Pereboom on Punishment: Funishment, Innocence, Motivation, and Other Difficulties.Saul Smilansky - 2017 - Criminal Law and Philosophy 11 (3):591-603.
    In Free Will, Agency, and Meaning in Life, Derk Pereboom proposes an optimistic model of life that follows on the rejection of both libertarian and compatibilist beliefs in free will, moral responsibility, and desert. I criticize his views, focusing on punishment. Pereboom responds to my earlier argument that hard determinism must seek to revise the practice of punishment in the direction of funishment, whereby the incarcerated are very generously compensated for the deprivations of incarceration. I claimed that funishment is a (...)
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  42. Manipulation Arguments, Basic Desert, and Moral Responsibility: Assessing Derk Pereboom’s Free Will, Agency, and Meaning in Life.Michael McKenna - 2017 - Criminal Law and Philosophy 11 (3):575-589.
    In this paper I critically assess Derk Pereboom’s book, Free Will, Agency, and Meaning in Life. In it, I resist Pereboom’s manipulation argument for incompatibilism and his indictment of desert-based accounts of moral responsibility.
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  43. Doing Without Desert.Victor Tadros - 2017 - Criminal Law and Philosophy 11 (3):605-616.
    This paper examines Derk Pereboom’s argument against punishment on deterrent grounds in his recent book Free Will, Agency, and Meaning in Life. It suggests that Pereboom’s argument against basic desert has not been shown to extend to the view that those who act wrongly lose rights against punishment for deterrent reasons. It further supports the view that those who act wrongly, if they fulfil compatibilist conditions of responsibility, do lose rights to avert threats they pose. And this, it is argued, (...)
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  44. Lindsay Farmer: Making the Modern Criminal Law: Criminalization and Civil Order: Oxford University Press, Oxford, 2016, Hardcover £65, ISBN: 9780199568642.Chloë Kennedy - 2017 - Criminal Law and Philosophy 11 (3):637-644.
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  45. The Constitution of the Criminal Law.R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo & Victor Tadros (eds.) - 2013 - Oxford University Press.
    The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.
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  46. Al-Shāfi’Ī’s Position on Analogical Reasoning in Islamic Criminal Law: Jurists Debates and Human Rights Implications.Luqman Zakariyah - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (2):301-319.
    Al-Shāfi’ī has been unreservedly credited as one of the designers, if not the “master architect,” of uṣūl al-fiqh. His most important scholarly work, Al-Risālah, clearly demonstrates his cognitive creativity in this field. One of the methodologies for the decision of cases under Islamic law that Al-Shāfi’ī championed is qiyās, which he equated with ijtihād. His balanced approach invites further enquiry into the extensive use of qiyās in general and in criminal law in particular. The extent to which qiyās can be (...)
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  47. Reconsidering Illegal Hunting as a Crime of Dissent: Implication for Justice and Deliberative Uptake.Erica von Essen & Michael P. Allen - 2017 - Criminal Law and Philosophy 11 (2):213-228.
    In this paper, we determine whether illegal hunting should be construed as a crime of dissent. Using the Nordic countries as a case study where protest-driven, illegal hunting of protected wolves is on the rise, we reconsider the crime using principles of civil disobedience. We invoke the conditions of intentionality, nonevasion, dialogic effort, non-violence and appeal to parameters of reasonable disagreement about justice and situate the Nordic illegal hunting phenomenon at a nexus between conscientious objection, assisted disobedience and everyday resistance. (...)
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  48. Prison on Appeal: The Idea of Communicative Incarceration.Alasdair Cochrane - 2017 - Criminal Law and Philosophy 11 (2):295-312.
    In the classic abolitionist text, Prison on Trial, Thomas Mathieson argues that imprisonment cannot be justified by appeal to any standard punitive aim: rehabilitation, deterrence, incapacitation, or retribution. The aim of this paper is to give prison an ‘appeal hearing’: to examine whether it can be justified by a set of punitive aims not considered by Mathieson. In particular, it asks whether imprisonment can be justified by the ‘communicative’ theory of punishment proposed by Antony Duff. Duff sees imprisonment as having (...)
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  49. Exploring Moral Desert.Shelly Kagan - 2017 - Criminal Law and Philosophy 11 (2):407-426.
    In The Geometry of Desert I used graphs to explore two common ideas about moral desert, namely, that people differ in terms of how deserving they are, and that it is a good thing if people get what they deserve. I argued that desert is a more complex value than we normally recognize, and I laid out a number of alternative possible views, defending some of them. In a pair of critical discussions published in this journal, Victor Tadros and Kasper (...)
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  50. Posthumous ‘Punishment’: What May Be Done About Criminal Wrongs After the Wrongdoer’s Death?Emmanuel Melissaris - 2017 - Criminal Law and Philosophy 11 (2):313-329.
    The commission of criminal wrongs is occasionally revealed after the wrongdoer’s death. In such cases, there seems to be a widely-shared intuition, which also frequently motivates many people’s actions, that the dead should still be blamed and that some response, not only stemming from civil society but also the state, to the criminal wrong is necessary. This article explores the possibility of posthumous blame and punishment by the state. After highlighting the deficiencies of the pure versions of retributivism and general (...)
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