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  1. A Research-Based Theory of Addictive Motivation.G. Ainslie - 2000 - Law and Philosophy 19 (1):77-115.
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  2. A Research-Based Theory of Addictive Motivation.George Ainslie - 2000 - Law and Philosophy 19 (1):77-115.
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  3. Процессуальное положение защитника.Irina Akubardia - 2005 - Jurisprudence 1:3-13.
    [Translated by Google] The article touches upon one of the most important problems of criminal - procedural law. It examines the procedural position of the defense in the criminal - procedural production in terms of its role and importance. In the above legal literature expressed views on this issue. Based on the analysis of opinion identified three positions: 1.zaschitnik - representative of the accused; 2.zaschitnik - an independent participant in the process and at the same time representative of the accused; (...)
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  4. Yaffe on Attempts.Larry Alexander - 2013 - Legal Theory 19 (2):124-135.
    Gideon Yaffe's Attempts is a masterfully executed philosophical investigation of what it means to attempt something. Yaffe is obviously motivated by the fact that the criminal law punishes attempted crimes, and he believes that his philosophical analysis can shed light on and be used to criticize the law's understanding of those crimes. I focus exclusively on the relevance of Yaffe's philosophical analysis of attempts to the criminal law of attempts. I assume that Yaffe's account of what it is to attempt (...)
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  5. When Are We Rightfully Aggrieved?: A Comment on Postema.Larry Alexander - 2005 - Legal Theory 11 (3):325-332.
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  6. Ferzander’s Surrebuttal.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (3):463-465.
  7. Yaffe on Attempts.Lawrence Alexander - 2013 - Legal Theory 2014:13-113.
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  8. The Effectiveness of Incentives to Reduce the Risk of Moral Hazard in the Defence Barrister's Role in Plea Bargaining.Daniele Alge - 2013 - Legal Ethics 16 (1):162-181.
    Previous research has identified several factors (such as remuneration, workload, negative perceptions of criminal defendants) which may lead to a barrister not acting in the defendant's best interests, when advising on plea or engaging in plea bargaining. This article applies aspects of the principal – agent problem to the relationship between defence barristers and defendants in England and Wales in order to analyse the extent to which incentives can align the interests of the agent (the barrister) with those of the (...)
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  9. The Democratic Legitimacy of Bias Crime Laws: Public Reason and the Political Process. [REVIEW]A. Altman - 2001 - Law and Philosophy 20 (2):141-173.
  10. Norman Geras: Crimes Against Humanity: Birth of a Concept.Andrew Altman - 2016 - Criminal Law and Philosophy 10 (1):205-214.
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  11. Concepts of Omission.Andrew Altman - 2005 - Legal Theory 11 (3):251-257.
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  12. Legal Entrapment.Andrew Altman & Steven Lee - 1983 - Philosophy and Public Affairs 12 (1):51-69.
  13. The Concept of Voluntariness. [REVIEW]Maria Alvarez - 2016 - Jurisprudence: An International Journal of Legal and Political Thought 7 (3):665-671.
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  14. Moving From Voluntary Euthanasia to Non-Voluntary Euthanasia: Equality and Compassion.Kumar Amarasekara & Mirko Bagaric - 2004 - Ratio Juris 17 (3):398-423.
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  15. The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW]Kai Ambos - 2015 - Criminal Law and Philosophy 9 (2):301-329.
    Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...)
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  16. Punishment Without a Sovereign? The Ius Puniendi Issue of International Criminal Law: A First Contribution Towards a Consistent Theory of International Criminal Law.Kai Ambos - 2013 - Oxford Journal of Legal Studies 33 (2):293-315.
    Current International Criminal Law (ICL) suffers from at least four fairly serious theoretical shortcomings. First, as a starting point, the concept and meaning of ICL in its different variations must be clarified (‘the concept and meaning issue’). Second, the question of whether and how punitive power can exist at the supranational level without a sovereign (‘the ius puniendi issue’) must be answered in a satisfactory manner. Third, the overall function or purpose of ICL as opposed to national criminal law (‘the (...)
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  17. The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice.Bruce A. Arrigo, Heather Y. Bersot & Brian G. Sellers - 2011 - Oxford University Press.
    In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...)
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  18. Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 2010 - Pearson Prentice Hall.
    The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law of (...)
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  19. The Harm Principle Vs. Kantian Criteria for Ensuring Fair, Principled and Just Criminalisation.Dennis J. Baker - 2008 - Australian Journal of Legal Philosophy 33 (66):66-99.
    In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...)
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  20. Cruelty in Criminal Law: Four Conceptions.Paulo Barrozo - 2015 - Criminal Law and Philosophy 51 (5):67.
    This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to cruelty. Eminently, cruelty in criminal (...)
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  21. Arguments, Stories and Criminal Evidence: A Formal Hybrid Theory.Floris Bex - 2011 - Springer.
    In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and (...)
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  22. Legislative Duty and the Independence of Law.J. H. Bogart - 1987 - Law and Philosophy 6 (2):187 - 203.
    This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between morality (...)
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  23. Law, Morality and the Criminalization of Negligence.John Hilary Bogart - 1985 - Dissertation, University of Illinois at Chicago
    There are two sorts of general categorical arguments against criminalizing negligence available on the basis of standard Anglo-American theories of the criminal law. One general line is founded on an assumed relation of subordination of the criminal law to morality. This is termed the external argument. In Chapters Two and Three it is argued that external arguments fail because no appropriate subordination thesis can be established for the relation between law and morality. The other source for a categorical argument against (...)
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  24. Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW]Andrew Botterell - 2013 - University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  25. Understanding the Voluntary Act Principle.Andrew Botterell - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
    In broad outline, the chapter proceeds as follows. As indicated above, the Voluntary Act Principle has two components. The first part, the act component, claims that criminal liability can be imposed on an accused only for the performance of an act. The second part, the voluntariness component, claims that criminal liability can be imposed on an accused only for the voluntary performance of an act. I will argue that both components of the Voluntary Act Principle are in need of amendment. (...)
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  26. Rethinking Criminal Law: Critical Notice: Truth, Error, and Criminal Law: An Essay in Legal Epistemologyby Larry Laudan.Andrew Botterell - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):93-112.
    Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you put (...)
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  27. Hart's Senses of 'Responsibility'.Karin Boxer - 2014 - In C. G. Pulman (ed.), Hart on Responsibility.
  28. Conscience (Rule) Utilitarianism and the Criminal Law.R. B. Brandt - 1995 - Law and Philosophy 14 (1):65 - 89.
    A rule- utilitarian appraisal of criminal law requires that the total system, including punishments, is justified only if it will expectably maximize public benefit, including its stigmatizing some behaviors as "offenses" and its prescribed punishment of these, such as imprisonment, with (possible) deterrent effects. In view of the paucity of evidence about the deterrent effect of prison sentences, some changes seem to be in order: reduction in the length of incarceration, replacement of prison by fines or restrictions on the convicted (...)
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  29. Part I: Introduction to the Philosophy of Hate Crime.David Brax & Christian Munthe - 2013 - In The Philosophy of Hate Crime Anthology. University of Gothenburg.
  30. The Philosophy of Hate Crime Anthology.David Brax & Christian Munthe - 2013 - University of Gothenburg.
    Introductory anthology to the philosophy of hate crime, written in the EU project "When Law and Hate Collide".
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  31. Choosing Correct Punishments.Thom Brooks - 2003 - Archives de Philosophie du Droit 47:365-369.
  32. Failure of Consent: Re-Conceptualizing Rape as Sexual Abuse of Power.Michal Buchhandler-Raphael - 2011 - Michigan Journal of Gender and Law 18 (1):147-228.
    The Kent indictment sharpens two key questions pertaining to the complex relationships between sexual harassment and rape law. ... However, none of the jurisdictions that criminalize nonconsensual sex per se acknowledge that submission to unwanted sex, resulting from being threatened or placed in fear of economic or professional harm in the workplace, academia, and other professional and institutional settings warrants criminal regulation. ... Failure to Align Social Norms with Legal Changes. While many scholars believe that the key to legal change (...)
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  33. Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised?John Danaher - 2017 - Criminal Law and Philosophy 11 (1):71-95.
    Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The argument (...)
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  34. The Comparative Advantages of Brain-Based Lie Detection: The P300 Concealed Information Test and Pre-Trial Bargaining.John Danaher - 2015 - International Journal of Evidence and Proof 19 (1).
    The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should not be so suspicious (...)
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  35. Kramer's Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2013 - Criminal Law and Philosophy (2):1-20.
    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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  36. Finding Space for Criminal Prosecutions Post‐Conflict.Jovana Davidovic - 2015 - Journal of Applied Philosophy 32 (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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  37. Universal Jurisdiction and International Criminal Law.Jovana Davidovic - 2015 - In Chad Flanders & Zach Hoskins (eds.), The New Philosophy of Criminal Law. Rowman & Littlefield. pp. 113-130.
    Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these (...)
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  38. Risk Assessment Tools in Criminal Justice and Forensic Psychiatry: The Need for Better Data.Thomas Douglas, Jonathan Pugh, Illina Singh, Julian Savulescu & Seena Fazel - 2017 - European Psychiatry 42:134-137.
    Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.
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  39. Moral Paternalism.Gerald Dworkin - 2004 - Law and Philosophy 24 (3):305-319.
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  40. Paternalism.Gerald Dworkin - 1972 - The Monist 56 (1):64-84.
  41. Child Soldiers, Executive Functions, and Culpability.Tyler Fagan, William Hirstein & Katrina Sifferd - 2016 - International Criminal Law Review 16 (2):258-286.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...)
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  42. Restoring Integrity to the Academy: Some Sweeping Suggestions for Wholesale Change.Joseph S. Fulda - manuscript
    Note that this paper is 35 pages, and had been replaced in many places w/ a draft w/o authorization. -/- The academy, broadly construed to include faculty, administrators at all levels, and editors, referees, and publishers of academic work, is beset by more ills bespeaking of a fundamental lack of integrity than can possibly be enumerated in a single monograph; nevertheless, as the need is urgent, and everyone seems to prefer either silence or piecemeal treatments, myself heretofore included, five ills (...)
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  43. The Limits of Consent.Joseph S. Fulda - 2013 - Sexuality and Culture 17 (4):659-665.
    This journal has frequently taken the position that /consent/, or at least /informed consent/, is all that from a secular viewpoint is necessary for an activity to be ethical. We argue to the contrary, that /consent/ is and /only/ is a /political/ criterion for determining /criminality/—even for a libertarian. Consensual behavior can be /unethical/—although it should not be criminalized—if the consent will never be truly revocable in the future of if such revocability is severely compromised. We give three examples, one (...)
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  44. Google Books and Other Internet Mischief.Joseph S. Fulda - 2012 - Journal of Information Ethics 21 (2):104-109.
    This article argues for substantial ex–post criminal penalties against purveyors of stolen intellectual property, in lieu of current legislation winding its way through both chambers of the United States Congress. Inter alia, it discusses why such a drastic remedy has proven necessary and what other measures the Congress should consider adopting. It concludes with a sobering discussion of Internet mischief more generally. -/- Note: This is in marked contrast to views expressed in 1999 when civil justice would have sufficed, and (...)
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  45. Tracking Hate Speech Acts as Incitement to Genocide in International Criminal Law.Shannon Fyfe - 2017 - Leiden Journal of International Law 30 (2):523-548.
    In this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many commentators in this area of international criminal (...)
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  46. Habermas, Jürgen.Dustin Garlitz - 2014 - In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage Publications.
  47. Domestic Drone Surveillance: The Court’s Epistemic Challenge and Wittgenstein’s Actional Certainty.Robert Greenleaf Brice & Katrina Sifferd - 2017 - Louisiana Law Review 77:805-831.
    This article examines the domestic use of drones by law enforcement to gather information. Although the use of drones for surveillance will undoubtedly provide law enforcement agencies with new means of gathering intelligence, these unmanned aircrafts bring with them a host of legal and epistemic complications. Part I considers the Fourth Amendment and the different legal standards of proof that might apply to law enforcement drone use. Part II explores philosopher Wittgenstein’s notion of actional certainty as a means to interpret (...)
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  48. Search, Seizure, and Immunity: Second-Order Normative Authority and Rights.Stephen E. Henderson & Kelly Sorensen - 2013 - Criminal Justice Ethics 32 (2):108-125.
    A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature?immunity?is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the (...)
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  49. Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids.Jennifer Hendry & Colin King - forthcoming - Criminal Law and Philosophy:1-25.
    In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...)
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  50. Responsibility in Negligence: Discussion of 'From Normativity to Responsibility'.Ori J. Herstein - forthcoming - Jerusalem Review of Legal Studies.
    This essay explains, expands, develops, and reflects on the Razian theory of responsibility and identity, focusing primarily on responsibility for negligent actions. I begin with setting the stage for understanding the importance of Joseph Raz’s theory and what motivates it. Next, the essay lays out the theory itself, and offers some elaboration on some of the less developed features of the theory. The essay closes with two critical reflections.
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