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  1. added 2020-10-29
    Problemi vecchi e nuovi delle false dichiarazioni sostitutive.Fabio Antonio Siena - 2020 - Diritto Penale Contemporaneo - Rivista Trimestrale 10 (3).
    L’articolo ripercorre i principali snodi interpretativi riguardanti la rilevanza penale delle false attestazioni in dichiarazioni sostitutive di certificati e atti notori disciplinate dagli artt. 46 e 47 del D.P.R. n. 445/2000, analizzando le modifiche apportate dai decreti Rilancio e Semplificazioni, nonché i peculiari problemi connessi all’uso di questo strumento istruttorio per la concessione della garanzia statale sui finanziamenti alle imprese. -/- SOMMARIO: 1. Premesse. La semplificazione delle procedure amministrative per l’ottenimento di benefici economici. – 2. Le dichiarazioni sostitutive di certificati (...)
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  2. added 2020-10-22
    Hate Crimes and Human Rights Violations.Thomas Brudholm - 2015 - Journal of Applied Philosophy 32 (1):82-97.
    The discourse of hate crime has come to Europe, supported not least by international human rights actors and security and policy organisations. In this article, I argue that there is a need for a philosophical response to challenging claims about the conceptualisation and classification of hate crime. First, according to several scholars, hate crime is extraordinarily difficult to conceptualise and there is a fatigue among practitioners caused by the lack of clarity and consensus in the field. I agree that there (...)
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  3. added 2020-08-21
    Collateral Legal Consequences of Criminal Convictions in a Society of Equals.Jeffrey M. Brown - forthcoming - Criminal Law and Philosophy:1-25.
    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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  4. added 2020-07-29
    Two Dimensions of Responsibility in Crime, Tort, and Moral Luck.Benjamin C. Zipursky - 2008 - Theoretical Inquiries in Law 9 (1):97-137.
    Parallel moral luck problems exist in three different normative domains: criminal law, tort law, and conventional moral thinking. In all three, the normative status of an actor’s conduct seems to depend on matters beyond the actor’s control. Criminal law has historically imposed greater punishment on the murderer who kills his intended victim than on the identically behaved would-be murderer whose shot fortuitously misses. Tort law imposes liability on the negligent driver who injures someone, but no liability if, through good fortune, (...)
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  5. added 2020-07-17
    The Grammar of Criminal Law: American, Comparative, and International.George P. Fletcher - 2007 - Oxford University Press.
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. (...)
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  6. added 2020-07-17
    The Unity of Strict Law: A Comparative Study Dedicated to the Memory of Jean Dabin.Jean Dabin & Ralph Abraham Newman (eds.) - 1978 - Emile Bruylant.
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  7. added 2020-06-11
    The Concept of Criminal Law.Sandra G. Mayson - 2020 - Criminal Law and Philosophy 14 (3):447-464.
    What distinguishes “criminal law” from all other law? This question should be central to both criminal law theory and criminal justice reform. Clarity about the distinctive feature of criminal law is especially important in the current moment, as the nation awakens to the damage that the carceral state has wrought and reformers debate the value and the future of criminal law institutions. Foundational though it is, however, the question has received limited attention. There is no clear consensus among contemporary scholars (...)
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  8. added 2020-06-10
    Mapping the Art Trade in South East Asia: From Source Countries via Free Ports to (a Chance for) Restitution.Mirosław Michał Sadowski - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-25.
    Is there a major international crime that the general public has never heard of or even thought about? The answer to this question might be surprising—it is the illicit art trade. The purpose of this article is to analyse the criminal aspect of the global art trade with a special focus on the region of South East Asia. In the first part of the paper, which acts as a backdrop for the rest of the article, the author explains the history (...)
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  9. added 2020-06-10
    Why Snowden and not Greenwald? On the Accountability of the Press for Unauthorized Disclosures of Classified Information.Dorota Mokrosinska - 2020 - Law and Philosophy 39 (2):203-238.
    In 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting unauthorized disclosures. Accordingly, there are two potential targets for prosecution: the leakers and the press. In practice, however, only the leakers are prosecuted: Snowden is facing a threat of 30 years’ imprisonment; no charges have been made against The Guardian. If both leaking and publishing leaks violate the law, why prosecute only the leakers and (...)
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  10. added 2020-06-09
    Review of Malcolm Bull, On Mercy. [REVIEW]Steven Tudor - forthcoming - Criminal Law and Philosophy:1-6.
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  11. added 2020-06-09
    The Reach of the Realm.Kimberly Kessler Ferzan - 2020 - Criminal Law and Philosophy 14 (3):335-345.
    In The Realm of Criminal Law, Antony Duff argues that the criminal law’s realm is bounded by territory. This is because a polity decides what it cares about in crafting its civic home, and it extends its rules and hospitality to guests. I question whether the most normatively attractive conception of a Duffian polity would be bounded by territory, or whether it would exercise far more extensive jurisdiction over its citizens wherever in the world they may be and over harm (...)
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  12. added 2020-06-09
    Commodifying Justice: Discursive Strategies Used in the Legitimation of Infringement Notices for Minor Offences.Elyse Methven - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (2):353-379.
    This article examines discursive strategies used by police and politicians to describe and justify the application of penalty notices to minor criminal offences. Critical discourse analysis is used as an analytical tool to show how neoliberal economic thinking has informed the prism through which infringement notices have been rationalised as a legitimate alternative to traditional criminal prosecution, while also highlighting the contradictions inherent in neoliberalism as an ideology through which to view the embrace of legally hybrid powers in the criminal (...)
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  13. added 2020-06-09
    The Problem of Over-Inclusive Offenses: A Closer Look at Duff on Legal Moralism and Mala Prohibita.Stephen Bero & Alex Sarch - 2020 - Criminal Law and Philosophy 14 (3):395-416.
    There are sometimes good reasons to define a criminal offense in a way that is over-inclusive, in the sense that the definition will encompass conduct that is not otherwise wrongful. But are these reasons ever sufficient? When, if ever, can such laws justifiably be made and enforced? When, if ever, can they permissibly be violated? In The Realm of Criminal Law, Antony Duff tackles this challenge head on. We find Duff’s strategy promising in many ways as an effort to reconcile (...)
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  14. added 2020-06-09
    Criminalization: In and Out.Victor Tadros - 2020 - Criminal Law and Philosophy 14 (3):365-380.
    In this paper I explore Antony Duff’s claim that there are categorical constraints on the scope of the criminal law that are set by its internal standards. I argue against his view that such constraints are categorical, and I suggest that his account of the nature of the criminal law is partial, and narrows the focus of our enquiry into the scope of the criminal law too much. However, I suggest that the project is an important contribution to our understanding (...)
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  15. added 2020-04-24
    Review Essay / Attempts as Attacks.Barbara Baum Levenbook - 1999 - Criminal Justice Ethics 18 (1):52-60.
    R. A. Duff, Criminal Attempts Oxford: Clarendon Press, 1996, xxvii + 420 pp.
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  16. added 2020-04-08
    Can a Woman Rape a Man and Why Does It Matter?Natasha McKeever - 2019 - Criminal Law and Philosophy 13 (4):599-619.
    Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: it is physically impossible for a woman to rape a man; it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; rape is a gendered crime. I argue that, as (...)
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  17. added 2020-04-06
    Falsità ideologica di una sentenza. Attestazioni implicite, vero legale e giudizi tecnici.Fabio Antonio Siena - 2019 - Archivio Penale 9 (3):1-38.
    ​In risposta all’ipotesi di estendere la categoria del falso valutativo alle motivazioni di una sentenza, l’articolo tenta una ricostruzione critica della progressiva apertura del falso intellettuale ad atti dispositivi e giudizi tecnici, ponendone in evidenza alcune aporie e proponendo specifici temperamenti. Tanto la teoria dei fatti psichici, quanto quella delle attestazioni implicite e del vero legale, nella loro congiunta sovrapposizione alla struttura della fattispecie penale, possono scadere in una violazione del divieto di analogia in materia penale. Il caso da cui (...)
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  18. added 2020-04-06
    Fatti e giudizi, tra inosservanza della regola contabile e falsità del bilancio.Fabio Antonio Siena - 2019 - Diritto Penale Contemporaneo 3 (4):5-33.
    Abstract. Con il presente contributo si propone una rilettura critica del concetto di “verità legale”, ove propugnato per estendere l’area di prensione punitiva delle false comunicazioni sociali anche ai giudizi discrezionali. Il disaccordo con l’impianto motivazionale delle Sezioni Unite – nel contesto argomentativo dei valori monetari intesi come “traduzione” di fatti obbiettivi – si radica in particolare nell’assunto del «ridotto margine di opinabilità» delle scienze contabili. L’affermazione, come si vedrà, è foriera di fraintendimenti. Si attribuisce al parametro adottato (normativo prima (...)
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  19. added 2020-03-24
    Mercy, Retributivism, and Harsh Punishment.Stephen Kershnar - 2000 - International Journal of Applied Philosophy 14 (2):209-224.
    In this article I argue that mercy does not prevent the imposition of harsh punishment from being morally permissible. This article has two parts. In the first part, I argue that mercy is an imperfect duty, because only such a duty-type explains the attributes that are commonly ascribed to mercy. In the second part, I argue that mercy does not present a sufficient moral reason against the regular imposition of harsh punishment because it neither undermines nor systematically overrides or weakens (...)
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  20. added 2020-03-10
    Replaceable Lawyers and Guilty Defendants.Brian Talbot - 2017 - Journal of Moral Philosophy 14 (1):23-47.
    Many criminal lawyers should expect that, were they to not defend a certain client, someone no less capable would do so. It is morally wrong for such attorneys to defend defendants who should be punished. This is true even if we grant that the defendant’s right to be defended outweighs any rights that might be infringed by the defense and that the benefits of defending are greater than the harm. Nor does this argument depend on any particular view of punishment. (...)
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  21. added 2020-01-14
    Punishing Artificial Intelligence: Legal Fiction or Science Fiction.Alexander Sarch & Ryan Abbott - 2019 - UC Davis Law Review 53:323-384.
    Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...)
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  22. added 2020-01-13
    Rights in Criminal Law in the Light of a Will Theory.Elias Moser - 2019 - Criminal Justice Ethics 38 (3):176-197.
    The will theory of rights has so far been considered incapable of capturing individual rights under criminal law. Adherents of the will theory, therefore, have defended the claim that criminal law does not assign rights to individuals. In this article I argue first, that criminal law does assign individual rights and second, that the will theory of rights may enhance our understanding of these rights. The two major implications of the account are: a volenti non fit iniuria principle for criminal (...)
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  23. added 2019-12-23
    Neuroenhancement, the Criminal Justice System, and the Problem of Alienation.Jukka Varelius - 2020 - Neuroethics 13 (3):325-335.
    It has been suggested that neuroenhancements could be used to improve the abilities of criminal justice authorities. Judges could be made more able to make adequately informed and unbiased decisions, for example. Yet, while such a prospect appears appealing, the views of neuroenhanced criminal justice authorities could also be alien to the unenhanced public. This could compromise the legitimacy and functioning of the criminal justice system. In this article, I assess possible solutions to this problem. I maintain that none of (...)
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  24. added 2019-11-13
    Legal Epistemology.Georgi Gardiner - 2019 - Oxford Bibliographies Online.
  25. added 2019-11-05
    ¿La víctima como actor procesal? Sobre las inconsistencias del concepto de víctima en el procedimiento penal colombiano.Danny Marrero - 2007 - Revista de Derecho Público 20:1-28.
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  26. added 2019-11-05
    La argumentación jurídica en el sistema penal acusatorio. Una perspectiva pedagógica.Danny Marrero - 2007 - Derecho Penal Contemporáneo Revista Internacional 18:121-158.
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  27. added 2019-09-17
    Review of Elizabeth H. Wolgast, The Grammar of Justice. [REVIEW]Edmund Byrne - 1991 - Noûs 25 (1):137-139.
    Book under review consists of a set of articles by Wolgast that contibute in various ways to her contention that human beings arrive at a theory of justice quasi-empirically insofar as a particular group encounters and seeks to surmount experiences of gross injustice. Via such experiences they develop a community-oriented sense of justice; but they do not thereby create a reliable basis for communitarian ethics.
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  28. added 2019-09-05
    Brain Privacy and the Case of Cannibal Cop.Mark Tunick - 2017 - Res Publica 23 (2):179-196.
    In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...)
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  29. added 2019-06-29
    Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - 2019 - In Kimberly Ferzan & Larry Alexander (eds.), Handbook of Applied Ethics and the Criminal Law. New York: Palgrave.
    In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...)
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  30. added 2019-06-06
    ''Dirty Words'' and the Offense Principle.David W. Shoemaker - 2000 - Law and Philosophy 19 (5):545-584.
    Unabridged dictionaries are dangerous books. In their pages man’s evilest thoughts find means of expression. Terms denoting all that is foul or blasphemous or obscene are printed there for men, women and children to read and ponder. Such books should have their covers padlocked and be chained to reading desks, in the custody of responsible librarians, preferably church members in good standing. Permission to open such books should be granted only after careful inquiry as to which word a reader plans (...)
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  31. added 2019-06-06
    Commodification and Phenomenology: Evading Consent in Theory Regarding Rape: John H. Bogart.John H. Bogart - 1996 - Legal Theory 2 (3):253-264.
    In a recent essay, Donald Dripps advanced what he calls a “commodification theory” of rape, offered as an alternative to understanding rape in terms of lack of consent. Under the “commodification theory,” rape is understood as the expropriation of sexual services, i.e., obtaining sex through “illegitimate” means. One aim of Dripps's effort was to show the inadequacy of consent approaches to understanding rape. Robin West, while accepting Dripps's critique of consent theories, criticizes Dripps's commodification approach. In its place, West suggests (...)
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  32. added 2019-06-05
    The Spell of Responsibility: Labor, Criminality, Philosophy.Frieder Vogelmann - 2017 - London: Rowman & Littlefield International.
    Most people would agree that we should behave and act in a responsible way. Yet only 200 years ago, ‘responsibility’ was only of marginal importance in discussions of law and legal practice, and it had little ethical significance. What is the significance of the fact that ‘responsibility’ now plays such a central role in, for example, work, the welfare state, or the criminal justice system? What happens when individuals are generally expected to think of themselves as ‘responsible’ agents? And what (...)
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  33. added 2019-06-03
    Kramer’s Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2013 - Criminal Law and Philosophy 9 (2):225-244.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  34. added 2019-05-13
    Criminally Ignorant: Why the Law Pretends We Know What We Don't.Alexander Sarch - 2019 - New York, NY, USA: Oup Usa.
    The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...)
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  35. added 2019-05-13
    Resolving Judicial Dilemmas.Alexander Sarch & Daniel Wodak - 2018 - Virginia Journal of Criminal Law 6:93-181.
  36. added 2019-04-24
    The Ethics of Proposed Euthanasia Laws in Australia.Thomas F. Burns - 2014 - Dissertation, Monash University
  37. added 2019-03-08
    Beyond Punishment? A Normative Account of the Collateral Legal Consequences of Conviction.Zachary Hoskins - 2019 - New York, USA: Oxford University Press.
    People convicted of crimes are subject to a criminal sentence, but they also face a host of other restrictive legal measures: Some are denied access to jobs, housing, welfare, the vote, or other goods. Some may be deported, may be subjected to continued detention, or may have their criminal records made publicly accessible. These measures are often more burdensome than the formal sentence itself. -/- In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of these burdensome legal measures, called collateral (...)
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  38. added 2019-02-03
    What is the Incoherence Objection to Legal Entrapment?Daniel Hill, Stephen K. McLeod & Attila Tanyi - forthcoming - Journal of Ethics and Social Philosophy.
    Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...)
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  39. added 2019-01-25
    Criminalization and the Collateral Consequences of Conviction.Zachary Hoskins - 2018 - Criminal Law and Philosophy 12 (4):625-639.
    Convicted offenders face a host of so-called “collateral” consequences: formal measures such as legal restrictions on voting, employment, housing, or public assistance, as well as informal consequences such as stigma, family tensions, and financial insecurity. These consequences extend well beyond an offender’s criminal sentence itself and are frequently more burdensome than the sentence. This essay considers two respects in which collateral consequences may be relevant to the question of what the state should, or may, criminalize. First, they may be relevant (...)
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  40. added 2019-01-20
    The New Philosophy of Criminal Law.Chad Flanders & Zachary Hoskins (eds.) - 2015 - London, UK: Rowman & Littlefield International.
    This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.
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  41. added 2019-01-08
    Retributivism, Consequentialism, and the Risk of Punishing the Innocent: The Troublesome Case of Proxy Crimes.Piotr Bystranowski - 2017 - Diametros 53:26-49.
    This paper discusses differences between two major schools in philosophy of criminal law, retributivism and consequentialism, with regard to the risk of punishing the innocent. As it is argued, the main point of departure between these two camps in this respect lies in their attitude towards the high evidentiary threshold in a criminal trial: while retributivism seems to strongly support setting this standard high, consequentialists may find it desirable to relax it in some cases. This discussion is set in the (...)
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  42. added 2019-01-03
    Regulating Child Sex Robots: Restriction or Experimentation?John Danaher - forthcoming - Medical Law Review.
    In July 2014, the roboticist Ronald Arkin suggested that child sex robots could be used to treat those with paedophilic predilections in the same way that methadone is used to treat heroin addicts. Taking this onboard, it would seem that there is reason to experiment with the regulation of this technology. But most people seem to disagree with this idea, with legal authorities in both the UK and US taking steps to outlaw such devices. In this paper, I subject these (...)
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  43. added 2018-11-29
    Liberalism and Policing: The State We're In.Luke William Hunt - 2018 - In the Long Run (University of Cambridge).
    Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.
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  44. added 2018-11-03
    What We Talk About When We Talk About Dignity in Policing.Luke William Hunt - 2018 - Virginia Criminal Justice Bulletin 3 (2).
    This essay sketches various conceptions of dignity and how those conceptions might be relevant to police brutality and legal rights.
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  45. added 2018-09-21
    Finding Space for Criminal Prosecutions Post‐Conflict.Jovana Davidovic - 2016 - Journal of Applied Philosophy 33 (1):53-68.
    Post-conflict criminal prosecutions for the worst of crimes can play a meaningful role in achieving transitional justice. This once-common view has recently been the subject of widespread criticism that is rooted in the belief that criminal prosecutions undermine reconciliation. This has lead some scholars to argue that we must either abandon criminal prosecutions post-conflict or that we ought to use them for more general transitional justice aims, like restorative justice. This article argues against abandoning criminal prosecutions post conflict and against (...)
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  46. added 2018-08-29
    Who Can Blame Whom? Moral Standing to Blame and Punish Deprived Citizens.Gustavo A. Beade - 2019 - Criminal Law and Philosophy 13 (2):271-281.
    There are communities in which disadvantaged groups experience severe inequality. For instance, poor and indigent families face many difficulties accessing their social rights. Their condition is largely the consequence of the wrong choices of those in power, either historical or more recent choices. The lack of opportunities of these deprived citizens is due to state omissions. In such communities, it is not unusual for homeless members of these particular groups to occupy abandoned lands and build their shelters there. However, almost (...)
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  47. added 2018-08-22
    Empirical Desert, Individual Prevention, and Limiting Retributivism: A Reply.Paul Robinson, Joshua S. Barton & Matthew J. Lister - 2014 - New Criminal Law Review 17 (2):312-375.
    A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and (...)
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  48. added 2018-06-25
    Prosecutors, Guilty Pleas, and the Consequences of a Conviction.Zachary Hoskins - 2017 - In Emily Crookston, David Killoren & Jonathan Trerise (eds.), Ethics in Politics: The Rights and Obligations of Individual Political Agents. New York, USA: Routledge. pp. 305-318.
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  49. added 2018-05-02
    The Contradiction of Crimmigation.José Jorge Mendoza - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):6-9.
    This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...)
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  50. added 2018-03-13
    What’s Inside and Outside the Law?Larry Alexander - 2012 - Law and Philosophy 31 (2):213-241.
    In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn (...)
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