Related categories

90 found
Order:
1 — 50 / 90
  1. added 2020-05-05
    The Insanity Defence Without Mental Illness? Some Considerations.Luca Malatesti, Marko Jurjako & Gerben Meynen - 2020 - International Journal of Law and Psychiatry 71.
    In this paper we aim to offer a balanced argument to motivate (re)thinking about the mental illness clause within the insanity defence. This is the clause that states that mental illness should have a relevant causal or explanatory role for the presence of the incapacities or limited capacities that are covered by this defence. We offer three main considerations showing the important legal and epistemological roles that the mental illness clause plays in the evaluation of legal responsibility. Although we acknowledge (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  2. added 2020-03-24
    The Paradox of Consent.Stephen Kershnar - 2019 - International Journal of Applied Philosophy 33 (2):305-318.
    If consent is valid, then in every case it is either valid or invalid. This is because of the notion that consent eliminates a right and a person either has or lacks a right against another. A parallel problem to the paradox of symmetrical attackers applies to consent. That is, there is a case in which two people neither consent nor do not consent to one another. As a practical matter, attorneys, judges, legislators, physicians, and sex partners should not treat (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  3. added 2019-12-31
    Distinctive duress.Craig K. Agule - 2020 - Philosophical Studies 177 (4):1007-1026.
    Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...)
    Remove from this list   Direct download (3 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  4. added 2019-11-25
    Successor Identity.Mihailis Diamantis - 2019 - Yale Journal on Regulation 36:1-44.
    The law of successor criminal liability is simple—corporate successors are liable for the crimes of their predecessors. Always. Any corporation that results from any merger, consolidation, spin-off, etc., is on the hook for all the crimes of all the corporations that went into the process. Such a coarse-grained, onetrack approach fails to recognize that not all reorganizations are cut from the same cloth. As a result, it skews corporate incentives against reorganizing in more socially beneficial ways. It also risks punishing (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  5. added 2019-11-10
    'Too Young to Sell Me Sex!?' Mens Rea, Mistake of Fact, Reckless Exploitation, and the Underage Sex Worker.Lucinda Vandervort - 2012 - Criminal Law Quarterly 58 (3/4):355-378.
    In 1987, apprehension that “unreasonable mistakes of fact” might negative mens rea in sexual assault cases led the Canadian Parliament to enact “reasonable steps” requirements for mistakes of fact with respect to the age of complainants. The role and operation of the “reasonable steps” provisions in ss. 150.1(4) and (5) and, to a lesser extent, s. 273.2 of the Criminal Code, must be reassessed. Mistakes of fact are now largely addressed at common law by jurisprudence that has re-invigorated judicial awareness (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  6. added 2019-11-05
    The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  7. added 2019-10-01
    Limiting Identity in Criminal Law.Mihailis E. Diamantis - 2019 - Boston College Law Review.
    People change with time. Their personalities, values, and preferences shift incrementally as they accrue life experience, discover new sources of meaning, and form/lose memories. Accumulated psychological changes eventually reshape not just how someone relates to the world about her, but also who she is as a person. This transience of human identity has profound implications for criminal law. Previous legal scholarship on personal identity has assumed that only abrupt tragedy and disease can change who we are. However, psychologists now know (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  8. added 2019-09-19
    Negligência Implica Erro-Ignorância e Tentativa Implica Erro-Suposição.Ricardo Tavares Da Silva - manuscript
    Contrary to what is commonly held, negligence (namely, conscious negligence) and willfulness (namely, recklessness) are not distinguished on the basis of the volitional element but on the basis of the cognitive element, since negligence implies ignorance-mistake, being the volitional element common to both figures. On the other hand, if, in negligence, the representation of the typical fact is something that exists less than what objectively exists, in the attempt, on the contrary, it is something that exists more. Hence, attempt implies (...)
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  9. added 2019-06-23
    Normative Ignorance: A Critical Connection Between the Insanity and Mistake of Law Defenses.Ken Levy - forthcoming - Florida State University Law Review 47.
    This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...)
    Remove from this list   Direct download (3 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  10. added 2019-06-06
    Varieties and Consequences of Medieval Literacy and Illiteracy.Franz Bäuml - 1980 - Speculum 55 (2):237-265.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  11. added 2019-03-07
    Reality TV and the Entrapment of Predators.Mark Tunick - 2012 - In Peter Robson & Jessica Silbey (eds.), Law and Justice on the Small Screen. Oxford, UK: Hart Publishing. pp. 289-307.
    Dateline NBC’s “To Catch a Predator”(2006-08) involved NBC staff working with police and a watchdog group called “Perverted Justice” to televise “special intensity” arrests of men who were lured into meeting adult decoys posing as young children, presumably for a sexual encounter. As reality television, “To Catch a Predator” facilitates public shaming of those caught in front of the cameras, which distinguishes it from fictional representations. In one case, a Texas District Attorney, Louis Conradt, shot himself on film, unable to (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  12. 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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  13. 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 (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  14. added 2018-08-24
    War Crimes: Causes, Excuses, and Blame.Matthew Talbert & Jessica Wolfendale - 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.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  15. 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.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  16. 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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  17. 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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  18. 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.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  19. 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 (...)
    Remove from this list   Direct download (7 more)  
     
    Export citation  
     
    Bookmark   19 citations  
  20. 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 (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  21. 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 (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  22. added 2017-08-15
    The Concept of Voluntariness.Maria Alvarez - 2016 - Jurisprudence 7 (3):665-671.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  23. added 2017-08-15
    Legal Entrapment.Andrew Altman & Steven Lee - 1983 - Philosophy and Public Affairs 12 (1):51-69.
  24. 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 (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  25. 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 (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  26. 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.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  27. 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 (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  28. 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.
  29. 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.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  30. added 2016-05-06
    Harm, Consent and Distress.John D. Harman - 1981 - Journal of Value Inquiry 15 (4):293-309.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  31. 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 (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  32. added 2016-05-06
    Bad Samaritanism and the Causation of Harm.Eric Mack - 1980 - Philosophy and Public Affairs 9 (3):230-259.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   9 citations  
  33. added 2016-05-06
    Polemarchus and Socrates on Justice and Harm.Andrew Jeffrey - 1979 - Phronesis 24 (1):54-69.
  34. added 2016-05-06
    A Reformulation of the Harm Principle.Dudley R. Knowles - 1978 - Political Theory 6 (2):233-246.
  35. added 2016-05-06
    The Concept of Harm and the Libertarian State.John Harvey Ahrens - 1978 - Dissertation, The University of Iowa
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  36. added 2016-05-06
    In Vitro Conception and Harm to the Unborn.John A. Robertson - 1978 - Hastings Center Report 8 (5):13-14.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  37. added 2016-05-06
    Permitting Harm.David P. Gontar - 1978 - Southwestern Journal of Philosophy 9 (3):15-22.
  38. added 2016-05-06
    Mill on Harm to Others' Interests.D. G. Brown - 1978 - Political Studies 26 (3):395-399.
  39. added 2016-05-06
    Crime and the Concept of Harm.John Kleinig - 1978 - American Philosophical Quarterly 15 (1):27 - 36.
  40. 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.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  41. added 2016-05-06
    Notes on the Harm Principle.Craig R. Goodrum - 1976 - Pacific Philosophical Quarterly 57 (3):239.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  42. 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 (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  43. added 2016-05-06
    Harm to the Unconceived.Michael D. Bayles - 1976 - Philosophy and Public Affairs 5 (3):292-304.
  44. added 2016-05-06
    Notes toward an axiomatization of recklessness.C. Lambros - 1975 - Logique Et Analyse 18 (69):133.
    Remove from this list  
    Translate
     
     
    Export citation  
     
    Bookmark  
  45. added 2016-05-06
    Injury, Harm, Damage, Pain, Etc.Ramchandra Gandhi - 1973 - Philosophy and Phenomenological Research 34 (2):266-269.
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  46. 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 (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  47. added 2016-05-06
    Justice and the Future of Statutory Law.R. Neville - 1972 - American Journal of Jurisprudence 17 (1):92-110.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  48. 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.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  49. added 2016-05-06
    Harm Vos: Θέμις. Pp. 83. Assen, Netherlands: van Gorcum, 1956. Paper.H. J. Rose - 1958 - The Classical Review 8 (01):79-.
    Remove from this list   Direct download (3 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  50. added 2016-05-06
    Book Review:Conflicting Penal Theory in Statutory Law. Mabel A. Elliott. [REVIEW]Edwin H. Sutherland - 1932 - Ethics 42 (3):337-.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
1 — 50 / 90