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  1. added 2019-02-03
    What is the Incoherence Objection to Legal Entrapment?Daniel Hill, Stephen K. McLeod & Attila Tanyi - manuscript
    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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  2. added 2018-09-21
    Neuropsychology and the Criminal Responsibility of Psychopaths: Reconsidering the Evidence.Marko Jurjako & Luca Malatesti - 2018 - Erkenntnis 83 (5):1003-1025.
    Recently it has been argued that certain neuropsychological findings on the decision-making, instrumental learning, and moral understanding in psychopathic offenders offer reasons to consider them not criminally responsible, due to certain epistemic and volitional impairments. We reply to this family of arguments, that collectively we call the irresponsibility of the psychopath argument. This type of argument has a premise that describes or prescribes the deficiencies that grant or should grant partial or complete criminal exculpation. The other premise contends that neuropsychological (...)
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  3. added 2018-08-24
    War Crimes: Causes, Excuses, and Blame.Jessica Wolfendale & Matthew Talbert - 2019 - New York, USA: Oup Usa.
    Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.
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  4. added 2018-03-05
    Unlocking Morality From Criminal Law.Thom Brooks - 2017 - Journal of Moral Philosophy 14 (3):339-352.
    This review article critically examines R. A. Duff and Stuart P. Green’s wide-ranging Philosophical Foundations of Criminal Law. The book captures well a crucial debate at the heart of its topic: is morality a key for understanding criminal law? I first consider legal moralism arguments answering this question in the affirmative and argue they should be rejected. I next consider alternatives to argue that philosophers of criminal law should look beyond legal moralism for more compelling theories about criminal law.
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  5. added 2018-03-05
    A Précis of Punishment.Thom Brooks - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1).
    Punishment is a topic of increasing importance for citizens and policy-makers. The same can be said for academic researchers and students. Mass imprisonment has reached record high levels while public confidence is often lacking. New thinking is required urgently to address these challenges. Moreover, there have been several key developments in the philosophy of punishment over the last 20 years absent in leading guides including the communicative theory of punishment, restorative justice and my novel unified theory of punishment. -/- My (...)
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  6. added 2018-03-05
    Defending Punishment. Replies to Critics.Thom Brooks - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1).
    I am very grateful to the contributors for this symposium for their essays on my Punishment book. Each focuses with different elements of my work. Antony Duff examines the definition of punishment in my first few pages. Michelle Madden Dempsey analyses the importance given to coherence in my account and critique of expressivist theories of punishment. Richard Lippke considers my statements about negative retributivism in an important new defence of that approach. I examine each of these in turn below. While (...)
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  7. added 2018-03-05
    Law and Legal Theory.Thom Brooks (ed.) - 2013 - Brill.
    brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates.
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  8. added 2017-11-22
    Killing Minimally Responsible Threats.Saba Bazargan - 2014 - Ethics 125 (1):114-136.
    Minimal responsibility threateners are epistemically justified but mistaken in thinking that imposing a nonnegligible risk on others is permissible. On standard accounts, an MRT forfeits her right not to be defensively killed. I propose an alternative account: an MRT is liable only to the degree of harm equivalent to what she risks causing multiplied by her degree of responsibility. Harm imposed on the MRT above that amount is justified as a lesser evil, relative to allowing the MRT to kill her (...)
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  9. added 2017-11-04
    Should Law Track Morality?Re'em Segev - 2017 - Criminal Justice Ethics 36 (2):205-223.
    Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...)
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  10. added 2017-09-04
    ‘Drugs That Make You Feel Bad’? Remorse-Based Mitigation and Neurointerventions.Jonathan Pugh & Hannah Maslen - 2017 - Criminal Law and Philosophy 11 (3):499-522.
    In many jurisdictions, an offender’s remorse is considered to be a relevant factor to take into account in mitigation at sentencing. The growing philosophical interest in the use of neurointerventions in criminal justice raises an important question about such remorse-based mitigation: to what extent should technologically facilitated remorse be honoured such that it is permitted the same penal significance as standard instances of remorse? To motivate this question, we begin by sketching a tripartite account of remorse that distinguishes cognitive, affective (...)
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  11. added 2017-08-15
    The Concept of Voluntariness.Maria Alvarez - 2016 - Jurisprudence 7 (3):665-671.
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  12. added 2017-08-15
    Legal Entrapment.Andrew Altman & Steven Lee - 1983 - Philosophy and Public Affairs 12 (1):51-69.
  13. added 2017-08-06
    The Concept of Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2018 - Criminal Law and Philosophy 12 (4):539-554.
    Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...)
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  14. added 2017-02-07
    Legal Insanity and Executive Function.Katrina Sifferd, William Hirstein & Tyler Fagan - 2017 - In Mark White (ed.), The Insanity Defense: Multidisciplinary Views on Its History, Trends, and Controversies. Praeger. pp. 215-242.
    In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very likely to (...)
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  15. added 2016-12-12
    Trying to Make Sense of Criminal Attempts. [REVIEW]Ken Levy - 2016 - Jurisprudence 7 (3):656-664.
    Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.
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  16. added 2016-12-08
    Liberty and Harm to Others.David Lyons - 1979 - Canadian Journal of Philosophy 9 (sup1):1-19.
    J s mill's principle of liberty is often thought to say that the only good reason for interfering with a person's conduct is that it is harmful to others. An alternative interpretation is defended: that the only good reason for interfering is to prevent harm to others. Harm-Prevention is the aim, But the latter principle allows that conduct affected not be harmful; interference must be calculated to prevent harm to others, Perhaps indirectly. This accords with mill's official statement of his (...)
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  17. added 2016-05-06
    Harm, Consent and Distress.John D. Harman - 1981 - Journal of Value Inquiry 15 (4):293-309.
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  18. added 2016-05-06
    Harm and the Ideal of the Educated Person: Response to Jane Roland Martin.Eleanor Kallman Roemer - 1981 - Educational Theory 31 (2):115-124.
  19. added 2016-05-06
    Pauperism and Population. Statutory Marriage Restrictions in the South German States During the Nineteenth Century.Konrad Fuchs - 1981 - Philosophy and History 14 (1):96-97.
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  20. added 2016-05-06
    After “Mental Illness” What? A Philosophical Endorsement of Statutory Reform.Edmund Byrne - 1980 - Bowling Green Studies in Applied Philosophy 2:122-131.
    This article argues in favor of modifying the medical model of severe psychiatric disturbances that underlies calling them "mental illness." The key reason for this proposal is that numerous specialists other than physicians as well as non-specialists contribute to the process of assisting a person recover from what the author suggests might better be called "extraordinary functional disability." There is little uniformity in existing definitions under state laws, but all involve three types of intervention: civil commitment; civil determination of legal (...)
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  21. added 2016-05-06
    Bad Samaritanism and the Causation of Harm.Eric Mack - 1980 - Philosophy and Public Affairs 9 (3):230-259.
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  22. added 2016-05-06
    Varieties and Consequences of Medieval Literacy and IlliteracyArticle Author Querybäuml Fh [Google Scholar]: “Es Ist Eine Zeit Angebrochen, … in der Die Führenden Schichten der Gesellschaft Keine Bildung Besitzen, Auch Keine Bücher, Ja Nicht Einmal Eine Sprache, in der Sich Eine Ihnen Angemessene Bildung Hätte Ausdrücken Können. Es Gab Eine Gelehrte Sprache, Und Es Gab Unschreibbare Umgangssprachen; Eine Bildungssprache Gab Es Nicht.” The Situation Thus Described by Erich Auerbach Was to Prevail Throughout the Middle Ages. At All Levels of Society, the Majority of the Population of Europe Between the Fourth and the Fifteenth Centuries Was, in Some Sense, Illiterate. Yet Medieval Civilization Was a Literate Civilization; the Knowledge Indispensable to the Functioning of Medieval Society Was Transmitted in Writing: The Bible and its Exegesis, Statutory Laws, and Documents of All Kinds. The Need for Writing That Served a Wide Variety of Purposes is Evident in the Development of the Ars Di. [REVIEW]Franz Bäuml - 1980 - Speculum 55 (2):237-265.
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  23. added 2016-05-06
    Polemarchus and Socrates on Justice and Harm.Andrew Jeffrey - 1979 - Phronesis 24 (1):54-69.
  24. added 2016-05-06
    The Concept of Harm and the Libertarian State.John Harvey Ahrens - 1978 - Dissertation, The University of Iowa
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  25. added 2016-05-06
    Permitting Harm.David P. Gontar - 1978 - Southwestern Journal of Philosophy 9 (3):15-22.
  26. added 2016-05-06
    A Reformulation of the Harm Principle.Dudley R. Knowles - 1978 - Political Theory 6 (2):233-246.
  27. added 2016-05-06
    Mill on Harm to Others' Interests.D. G. Brown - 1978 - Political Studies 26 (3):395-399.
  28. added 2016-05-06
    In Vitro Conception and Harm to the Unborn.John A. Robertson - 1978 - Hastings Center Report 8 (5):13-14.
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  29. added 2016-05-06
    Crime and the Concept of Harm.John Kleinig - 1978 - American Philosophical Quarterly 15 (1):27 - 36.
  30. added 2016-05-06
    The Effects of Social Context and Size of Injury on Perceptions of a Harm-Doer and Victim.Donelson R. Forsyth, Eddie Albritton & Barry R. Schlenker - 1977 - Bulletin of the Psychonomic Society 9 (1):37-39.
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  31. added 2016-05-06
    Harm to the Unconceived.Michael D. Bayles - 1976 - Philosophy and Public Affairs 5 (3):292-304.
  32. added 2016-05-06
    Notes on the Harm Principle.Craig R. Goodrum - 1976 - Pacific Philosophical Quarterly 57 (3):239.
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  33. added 2016-05-06
    Benefit and Harm.T. M. Benditt - 1976 - Philosophy and Phenomenological Research 37 (1):116-120.
    In this paper I will first bring out some linguistic difficulties which suggest that the notions of benefit and harm are not as straightforwardly univocal as one might have thought, and then go on to make some distinctions within these notions which will bring to light their complexities, and help to clarify the relation between the good and the beneficial. The notion of the good and of the bene- ficial that are being used here are tied to human happiness. There (...)
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  34. added 2016-05-06
    Notes toward an axiomatization of recklessness.C. Lambros - 1975 - Logique Et Analyse 18 (69):133.
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  35. added 2016-05-06
    Injury, Harm, Damage, Pain, Etc.Ramchandra Gandhi - 1973 - Philosophy and Phenomenological Research 34 (2):266-269.
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  36. added 2016-05-06
    Doing No More Harm Than Good.Allan Gibbard - 1973 - Philosophical Studies 24 (3):158 - 173.
    Given all the consequences of an act and the value of each of them, how can we find their value on the whole? In Utilitarianisms: Simple and General, Inquiry 13, 394–449, J. Howard Sobel offers two alternative suggestions. Here one of Sobel's suggestions is attacked and the other given new support. Where the number of consequences is finite, it is argued, their value is the sum of their basic intrinsic values: the basic intrinsic value of a state of affairs is (...)
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  37. added 2016-05-06
    Justice and the Future of Statutory Law.R. Neville - 1972 - American Journal of Jurisprudence 17 (1):92-110.
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  38. added 2016-05-06
    Deserved Punishment, Deserved Harm, Deserved Blame.Laurence Stern - 1970 - Philosophy 45 (174):317 - 329.
    M y aim in this paper will be to show that the concept of desert remains an important and useful concept even if one supposes that the justification of praise, blame, punishment, and reward lies solely in their influence on behaviour. The argument will be incomplete, however. I will discuss only deserved legal punishment, the broader notion of deserved harm, and, briefly, deserved blame.
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  39. added 2016-05-06
    Harm Vos: Θ μις. Pp. 83. Assen, Netherlands: van Gorcum, 1956. Paper.H. J. Rose - 1958 - The Classical Review 8 (01):79-.
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  40. added 2016-05-06
    Book Review:Conflicting Penal Theory in Statutory Law. Mabel A. Elliott. [REVIEW]Edwin H. Sutherland - 1932 - Ethics 42 (3):337-.
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  41. added 2016-05-06
    Conflicting Penal Theory in Statutory Law. By E. H. Sutherland. [REVIEW]Mabel A. Elliott - 1931 - Ethics 42:337.
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  42. added 2016-05-06
    Marriage Laws and Statutory Experiments in Eugenics in the United States.R. Newton Crane - 1910 - The Eugenics Review 2 (1):61.
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  43. added 2016-04-24
    Parsing the Reasonable Person: The Case of Self-Defense.Andrew Ingram - 2012 - American Journal of Criminal Law 39 (3):101-120.
    Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...)
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  44. added 2016-02-29
    Hart and Punishment for Negligence.Larry Alexander - 2014 - In C. G. Pulman (ed.), Hart on Responsibility.
  45. added 2016-02-25
    Moral Sentiments and the Justification of Punishment.Thom Brooks - unknown
    Adam Smith's theory of punishment is rarely explored. This article examines his understanding of punishment in light of his theory of moral sentiments. My aim is to show how he is neither a retributivist or deterrence advocate, but instead defends a more unified theory of punishment bringing different penal goals together in a new framework.
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  46. added 2015-09-28
    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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  47. added 2015-09-18
    It's Not Too Difficult: A Plea to Resurrect the Impossibility Defense.Ken Levy - 2014 - New Mexico Law Revview 45:225-274.
    Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...)
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  48. added 2015-09-18
    Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention.Ken Levy - 2011 - San Diego Law Review 48:1299-1395.
    I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...)
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  49. added 2015-09-02
    Justifications, Powers, and Authority.Malcolm Thorburn - 2008 - Yale Law Journal 117:1070.
    Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structure and function of justification defenses. The reason for this failure, I suggest, is a widely shared misconception about their place within the criminal law’s institutional structure. Contrary to what is generally believed, it is not up to trial courts to decide ex post (...)
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  50. added 2015-08-31
    Shortcomings of and Alternatives to the Rights-Forfeiture Theory of Justified Self-Defense and Punishment.Uwe Steinhoff - manuscript
    I argue that rights-forfeiture by itself is no path to permissibility at all (even barring special circumstances), neither in the case of self-defense nor in the case of punishment. The limiting conditions of self-defense, for instance – necessity, proportionality (or no gross disproportionality), and the subjective element – are different in the context of forfeiture than in the context of justification (and might even be absent in the former context). In particular, I argue that a culpable aggressor, unlike an innocent (...)
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