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  1. 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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  2. Entrapment, Temptation and Virtue Testing.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - manuscript
    We address the ethics of scenarios in which one party (the ‘agent’) entraps, intentionally tempts, or intentionally tests the virtue of another (the ‘target’). We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of (mere) intentional temptation and of (mere) virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly (and concerning the extent to which the target is culpable). (...)
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  3. The Ethics of Entrapment: A Dirty Hands Problem?Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - manuscript
    In this paper we focus on a possible framework for analysing the morality of legal entrapment (which we define based on our previous work): the dirty-hands model. We take as our starting point Christopher Nathan’s criticism of the model (when applied to undercover policing). We have two aims throughout the paper. Our primary aim is to see if the model applies at all to legal entrapment; our secondary aim is to establish whether, if the model applies, Nathan’s criticism hold for (...)
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  4. Self-Defense and the Necessity Condition.Uwe Steinhoff - manuscript
    Rights forfeiture or liability are not a path to the permissibility of self-defense (not even barring extraordinary circumstances), and the necessity condition is not intrinsic to justified self-defense. Rather, necessity in the context of justification must be distinguished from necessity in the context of rights forfeiture. While innocent aggressors only forfeit their right against necessary self-defense, culpable aggressors also forfeit, on grounds of a principle of reciprocity, certain rights against unnecessary self-defense. Yet, while culpable aggressors would therefore not be wronged (...)
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  5. Legal Luck.Ori Herstein - forthcoming - In Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  6. 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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  7. Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - forthcoming - In Valsamis Mitsilegas, Pedro Caeiro, Sabine Gless, Miguel João Costa & Foivi Mouzakiti (eds.), Elgar Encylopedia of Criminal Law and Criminal Justice. Cheltenham, UK: Edward Elgar.
    We discuss how the law and scholars have approached three questions. First, what acts count as acts of entrapment? Secondly, is entrapment a permissible method of law-enforcement and, if so, in what circumstances? Thirdly, what must criminal courts do, in response to the finding that an offence was brought about by an act of entrapment, in order to deliver justice? While noting the contrary tendency, we suggest that the first question should be addressed in a manner that is neutral about (...)
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  8. 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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  9. Collateral Legal Consequences of Criminal Convictions in a Society of Equals.Jeffrey M. Brown - 2021 - Criminal Law and Philosophy 15 (2):181-205.
    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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  10. The Expressivist Objection to Nonconsensual Neurocorrectives.Gabriel De Marco & Thomas Douglas - 2021 - Criminal Law and Philosophy.
    Neurointerventions—interventions that physically or chemically modulate brain states—are sometimes imposed on criminal offenders for the purposes of diminishing the risk that they will recidivate, or, more generally, of facilitating their rehabilitation. One objection to the nonconsensual implementation of such interventions holds that this expresses a disrespectful message, and is thus impermissible. In this paper, we respond to this objection, focusing on the most developed version of it—that presented by Elizabeth Shaw. We consider a variety of messages that might be expressed (...)
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  11. Entrapment and 'Paedophile Hunters'.Daniel Hill, Stephen K. McLeod & Attila Tanyi - 2021 - The Public Ethics Blog.
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  12. Contrived Self‐Defense: A Case of Permissible Wrongdoing.Tsung-Hsing Ho - 2021 - Wiley: The Philosophical Forum 52 (3):211-220.
    It is widely held that a morally wrong action is morally impermissible. I discuss a case of contrived self-defense and argue that it is morally both wrong and permissible. I compare it with other kinds of morally permissible misbehavior (suberogation, moral dilemma, and right to do wrong) and show that it is significant and original.
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  13. Review of Malcolm Bull, On Mercy: Princeton University Press, Princeton and Oxford, 2019, 191 pp. [REVIEW]Steven Tudor - 2021 - Criminal Law and Philosophy 15 (2):317-322.
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  14. 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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  15. 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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  16. 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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  17. 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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  18. 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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  19. Mapping the Art Trade in South East Asia: From Source Countries via Free Ports to (a Chance for) Restitution.Mirosław Michał Sadowski - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (3):669-692.
    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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  20. Problemi vecchi e nuovi delle false dichiarazioni sostitutive.Fabio Antonio Siena - 2020 - Diritto Penale Contemporaneo - Rivista Trimestrale 10 (3):237-254.
    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 e (...)
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  21. 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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  22. 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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  23. 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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  24. 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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  25. Regulating Child Sex Robots: Restriction or Experimentation?John Danaher - 2019 - Medical Law Review 27 (4):553-575.
    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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  26. A Philosophically Enriched Exegesis of Criminal Accessorial Liability.Mark Dsouza - 2019 - UCL Journal of Law and Jurispridence 8 (1).
    The central features of the English criminal law’s approach to the liability of principal offender are fairly clear, coherent, and settled. By contrast, the English law of criminal accessorial liability is notoriously lacking in these qualities. In this paper, I attempt to correct this imbalance by developing a philosophically enriched exegesis (and where appropriate, critique) of the English law on criminal accessorial liability, by reference to the structures of responsibility underpinning English criminal law. I take the relatively settled state of (...)
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  27. Legal Epistemology.Georgi Gardiner - 2019 - Oxford Bibliographies Online.
  28. 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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  29. Cancellation of Bail.Deepa Kansra - 2019 - Delhi, India: Bail: Law and Practice in India, Indian Law Institute, India.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody... The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At (...)
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  30. 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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  31. The Elusive Object of Punishment.Gabriel S. Mendlow - 2019 - Legal Theory 25 (2):105-131.
    All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute's elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and (...)
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  32. 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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  33. Skepticism About Corporate Punishment Revisited.Alex Sarch - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 213-238.
    Some societies used to impose liability on inanimate objects, a practice we’d now regard as silly and confused. When we punish corporations today, are we making similar mistakes? Here I consider some important sources of philosophical skepticism about imposing criminal liability on corporations, and I argue that they admit of answers, which places punishing corporations on stronger footing than punishing inanimate objects. First, I consider the eligibility challenge, which asserts that corporations are not the right kind of thing to be (...)
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  34. 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. 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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  36. 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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  37. 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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  38. 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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  39. 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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  40. 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. It is an edited, draft excerpt from chapter 1 of my book, The Retrieval of Liberalism in Policing (Oxford, 2019).
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  41. 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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  42. Sanctioning.Lucas Miotto - 2018 - Jurisprudence 9 (2):236-250.
    Up until recently, most legal philosophers have argued that an action is a token of sanctioning if, and only if, (i) its performance brings about unwelcome consequences to the targets, and (ii) it is performed as a response to the breach of a duty. In this paper I take issue with this account. I first add some qualifications to it in order to present it in its most plausible form. After doing this, I advance a series of hypothetical cases which (...)
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  43. Culpability and Irresponsibility.Martin Montminy - 2018 - Criminal Law and Philosophy 12 (1):167-181.
    I defend the principle that a person is blameworthy for her action only if that action was morally wrong. But what should we say about an agent who does the right thing based on bad motives? I present three types of cases that have these features. In each, I argue, the agent is not culpable for her action; however, she violates the norm of moral responsibility, and thus acts in a morally irresponsible way. This analysis, I show, has several virtues. (...)
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  44. 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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  45. Willful Ignorance in Law and Morality.Alexander Sarch - 2018 - Philosophy Compass 13 (5):e12490.
    This article introduces the main conceptual and normative questions about willful ignorance. The first section asks what willful ignorance is, while the second section asks why—and how much—it merits moral or legal condemnation. My approach is to critically examine the criminal law's view of willful ignorance. Doing so not only reveals the range of positions one might take about the phenomenon but also sheds light on foundational questions about the nature of culpability and the relation between law and morality.
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  46. Ignorance Lost: A Reply to Yaffe on the Culpability of Willful Ignorance.Alexander Sarch - 2018 - Criminal Law and Philosophy 12 (1):107-124.
    In a recent paper in this journal, Gideon Yaffe provides an expected utility model of culpability in order to explain why willfully ignorant misconduct sometimes is just as culpable as knowing misconduct. Although promising, I argue here that challenges remain for Yaffe’s view. First, I argue that Yaffe’s proof of the equal culpability of willful ignorance and knowledge is not watertight in certain realistic cases. Next, I argue that Yaffe’s view of culpability is motive-sensitive in a way that sits uncomfortably (...)
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  47. Resolving Judicial Dilemmas.Alexander Sarch & Daniel Wodak - 2018 - Virginia Journal of Criminal Law 6:93-181.
  48. Mandatory Minimums and the War on Drugs.Daniel Wodak - 2018 - In David Boonin (ed.), Palgrave Handbook of Philosophy and Public Policy. Palgrave.
    Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...)
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  49. Mens Rea by the Numbers.Gideon Yaffe - 2018 - Criminal Law and Philosophy 12 (3):393-409.
    Before the recent presidential election, a bipartisan congressional effort was made to pass a criminal justice reform bill. The bill faltered in part because of a proposed default mens rea provision: statutes silent on mens rea, that were not explicitly identified as strict liability by the legislature, would be taken to require for guilt proof of knowledge with respect to each material element. This paper focusses on a prominent line of disagreement about the default mens rea provision. Proponents argued that (...)
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  50. Accountability and Intervening Agency: An Asymmetry Between Upstream and Downstream Actors.Saba Bazargan-Forward - 2017 - Utilitas 29 (1):110-114.
    Suppose someone (P1) does something that is wrongful only in virtue of the risk that it will enable another person (P2) to commit a wrongdoing. Suppose further that P1’s conduct does indeed turn out to enable P2’s wrongdoing. The resulting wrong is agentially mediated: P1 is an enabling agent and P2 is an intervening agent. Whereas the literature on intervening agency focuses on whether P2’s status as an intervening agent makes P1’s conduct less bad, I turn this issue on its (...)
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