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  1. added 2018-10-23
    The Irrelevance of Responsibility: RODERICK T. LONG.Roderick T. Long - 1999 - Social Philosophy and Policy 16 (2):118-145.
    Responsibility is often thought of as primarily a legal concept. Even when it is moral responsibility that is at issue, it is assumed that it is above all in moralities based on law-centered patterns and models that responsibility takes center stage, so that responsibility is a legal concept at its core, and is applicable to the realm of private morality only by extension and analogy.
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  2. added 2017-07-17
    The Crime/Tort Distinction: Legal Doctrine and Normative Perspectives.Kenneth Simons - 2008 - Widener Law Journal 17:719-732.
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  3. added 2017-07-17
    Beyond the Tort/Crime Distinction.David Friedman - 1996 - Boston University Law Review 76:103-112.
    I take it that the chief purpose of Professor Seipp's Paper' is to establish two propositions about the history of the tort/crime distinction: that the distinction goes back very far in English law, and that the distinction is based on whether the principal consequence of conviction was compensation of the victim or punishment of the offender. To me, however, the Paper is interesting for two other reasons: the similarities, in function more than form, between English law enforcement in the Middle (...)
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  4. added 2017-07-17
    Getting Even: Restitution, Preventive Detention, and the Tort/Crime Distinction.Randy E. Barnett - 1996 - Boston University Law Review 76:157-168.
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  5. added 2017-07-17
    Comment on the Crime/Tort Distinction: A Generation LAter.Michael C. Harper - 1996 - Boston University Law Review 76:23.
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  6. added 2017-07-10
    The Priority of Respect Over Repair.Gregory C. Keating - 2012 - Legal Theory 18 (3):293-337.
    Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should (...)
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  7. added 2017-07-10
    Public and Private Wrongs.R. A. Duff & Sandra Marshall - 2010 - In James Chalmers, Fiona Leverick & Lindsay Farmer (eds.), Essays in Criminal Law in Honour of Sir Gerald Gordon. Edinburgh: Edinburhg University Press. pp. 70-85.
    Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...)
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  8. added 2017-07-10
    The Tort/Crime Distinction: A Generation Later.Richard A. Epstein - 1996 - Boston University Law Review 76:1-21.
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  9. added 2017-07-10
    Getting Even: The Role of the Victim: JEFFRIE G. MURPHY.Jeffrie G. Murphy - 1990 - Social Philosophy and Policy 7 (2):209-225.
    Achilles is vindictive; he wants to get even with Agamemnon. Being so disposed, he sounds rather like many current crime victims who angrily complain that the American system of criminal justice will not allow them the satisfactions they rightfully seek. These victims often feel that their particular injuries are ignored while the system addresses itself to some abstract injury to the state or to the rule of law itself – a focus that appears to result in wrongdoers being treated with (...)
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  10. added 2017-07-10
    Getting Even: The Role of the Victim.Jeffrie G. Murphy - 1990 - Social Philosophy and Policy 7 (2):209.
    Achilles is vindictive; he wants to get even with Agamemnon. Being so disposed, he sounds rather like many current crime victims who angrily complain that the American system of criminal justice will not allow them the satisfactions they rightfully seek. These victims often feel that their particular injuries are ignored while the system addresses itself to some abstract injury to the state or to the rule of law itself – a focus that appears to result in wrongdoers being treated with (...)
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  11. added 2017-07-10
    Non-Pecuniary Damages in Tort. How to Break Up the Distinction Between a Internal and External View of Law.Karl Dahlstrand - unknown
    The traditional restrictive attitude towards claim for compensation about non-pecuniary harms in both cause law and legislation become weaker even if the theoretically and practically reason behind the old exception-construction remain. This reason can best be explained by the thesis about incommensurability when it comes to compensate for some losses that money cannot compensate. To explain why the exception-construction is problemized in recent days I think two circumstances has played an important role the materialisation of human rights as a consequence (...)
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  12. added 2016-09-08
    Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids.Jennifer Hendry & Colin King - 2017 - Criminal Law and Philosophy 11 (4):733-757.
    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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  13. added 2016-07-14
    Arthur Ripstein, Equality, Responsibility, and the Law.L. Alexander - 2001 - Law and Philosophy 20 (6):617-635.
  14. added 2016-03-11
    Public Wrongs and the Criminal Law.Ambrose Y. K. Lee - 2015 - Criminal Law and Philosophy 9 (1):155-170.
    This paper is about how best to understand the notion of ‘public wrongs’ in the longstanding idea that crimes are public wrongs. By contrasting criminal law with the civil laws of torts and contracts, it argues that ‘public wrongs’ should not be understood merely as wrongs that properly concern the public, but more specifically as those which the state, as the public, ought to punish. It then briefly considers the implications that this has on criminalization.
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  15. added 2012-09-13
    Is the Criminal Law (So) Special? Comments on Douglas Husak’s Theory of Criminalization.Re'em Segev - 2010 - Jerusalem Review of Legal Studies 1 (1):3-20.
    This is Re'em Segev's contribution to the symposium on Douglas Husak's book "Overcriminalization.".
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  16. added 2010-07-09
    The Comparative Nature of Punishment.Adam J. Kolber - 2009 - Boston University Law Review 89 (5):1565-1608.
    In tort and contract law, we calculate the harm a defendant caused a plaintiff by examining the plaintiff’s condition after an injury relative to his baseline condition. When we consider the severity of prison sentences, however, we usually ignore offenders’ baseline conditions. We deem inmates as receiving equal punishments when they are incarcerated for the same period of time under the same conditions, even though incarceration does not change their situations equally (unless they started out in identical circumstances). It is (...)
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  17. added 2010-02-08
    The Role of Causation in Decision of Tort Law.Robert C. Robinson - 2010 - Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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