Related categories

57 found
Order:
1 — 50 / 57
  1. added 2019-02-11
    Justifications and Excuses in Epistemology.Daniel Greco - forthcoming - Noûs.
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  2. 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. In order to inform such assessment in the future, we aim to provide a new statement of the objection that is more precise and more rigorous than are its predecessors. (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  3. added 2019-01-04
    Responsible Brains: Neuroscience, Law, and Human Culpability.William Hirstein, Katrina L. Sifferd & Tyler Fagan - 2018 - New York, NY, USA: MIT Press.
    [This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  4. added 2018-09-28
    Philosophy and Psychiatry: Problems, Intersections, and New Perspectives.Daniel D. Moseley & Gary Gala - 2016 - Routledge.
    This groundbreaking volume of original essays presents fresh avenues of inquiry at the intersection of philosophy and psychiatry. Contributors draw from a variety of fields, including evolutionary psychiatry, phenomenology, biopsychosocial models, psychoanalysis, neuroscience, neuroethics, behavioral economics, and virtue theory. Philosophy and Psychiatry’s unique structure consists of two parts: in the first, philosophers write five lead essays with replies from psychiatrists. In the second part, this arrangement is reversed. The result is an interdisciplinary exchange that allows for direct discourse, and a (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  5. 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   1 citation  
  6. added 2018-08-22
    Empirical Desert, Individual Prevention, and Limiting Retributivism: A Reply.Paul Robinson, Joshua S. Barton & Matthew J. Lister - 2014 - New Criminal Law Review 17 (2):312-375.
    A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  7. added 2018-08-22
    Social Justice in the Modern Regulatory State: Duress, Necessity and the Consensual Model in Law.Lucinda Vandervort - 1987 - Law and Philosophy 6 (2):205 - 225.
    This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...)
    Remove from this list   Direct download (7 more)  
     
    Export citation  
     
    Bookmark  
  8. 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 (3 more)  
     
    Export citation  
     
    Bookmark  
  9. 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  
  10. 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  
  11. 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  
  12. added 2017-11-28
    A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  13. 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   1 citation  
  14. 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  
  15. 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  
  16. added 2017-07-17
    Self-Control in Responsibility Enhancement and Criminal Rehabilitation.Polaris Koi, Susanne Uusitalo & Jarno Tuominen - 2018 - Criminal Law and Philosophy 12 (2):227-244.
    Ethicists have for the past 20 years debated the possibility of using neurointerventions to improve intelligence and even moral capacities, and thereby create a safer society. Contributing to a recent debate concerning neurointerventions in criminal rehabilitation, Nicole Vincent and Elizabeth Shaw have separately discussed the possibility of responsibility enhancement. In their ethical analyses, enhancing a convict’s capacity responsibility may be permissible. Both Vincent and Shaw consider self-control to be one of the constituent mental capacities of capacity responsibility. In this paper, (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  17. added 2017-06-18
    Kant's Mature Theory of Punishment, and a First Critique Ideal Abolitionist Alternative.Benjamin Vilhauer - forthcoming - In Matthew Altman (ed.), Palgrave Kant Handbook.
    This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  18. added 2017-05-27
    Legal Oughts, Normative Transmission, and the Nazi Use of Analogy.Carolyn Benson & Julian Fink - 2012 - Jurisprudence 3 (2):445-463.
    In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...)
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  19. 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  
  20. added 2016-09-05
    Harm and the Volenti Principle.Gerald Dworkin - 2012 - Social Philosophy and Policy 29 (1):309-321.
    This is an essay on the limits of the Criminal Law. In particular, it is about what principles, if any, determine whether it is legitimate for the state to criminalize certain conduct. Joel Feinberg in his great work on the moral limits of the criminal law argues that we need only two principles. One is a principle regulating harm to other people and the other is an offense principle regulating certain kinds of offensive conduct. I explore various aspects of his (...)
    Remove from this list   Direct download (8 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  21. added 2016-08-29
    Knowledge and Attributability.Cameron Boult - 2017 - Pacific Philosophical Quarterly 98 (S1):329-350.
    A prominent objection to the so-called ‘knowledge norm of belief’ is that it is too demanding or too strong. The objection is commonly framed in terms of the idea that there is a tight connection between norm violation and the appropriateness of criticism or blame. In this paper I do two things. First, I argue that this way of motivating the objection leads to an impasse in the epistemic norms debate. It leads to an impasse when knowledge normers invoke excuses (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  22. added 2016-07-14
    Arthur Ripstein, Equality, Responsibility, and the Law.L. Alexander - 2001 - Law and Philosophy 20 (6):617-635.
  23. added 2016-05-03
    When May Soldiers Participate in War?Uwe Steinhoff - 2016 - International Theory 8 (2):262-296.
    I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  24. added 2016-04-25
    The Good, the Bad, and the Klutzy: Criminal Negligence and Moral Concern.Andrew Ingram - 2015 - Criminal Justice Ethics 34 (1):87-115.
    One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly to criminal (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  25. 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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  26. added 2016-02-25
    Choosing Correct Punishments.Thom Brooks - 2003 - Archives de Philosophie du Droit 47:365-369.
    One of the most controversial aspects of legal philosophy concerns the justification of specific punishments for particular criminal violations. Surprisingly, there has not been any attempt to arrive systematically at any conclusive formula for deriving correct punishments. This article aspires to fulfil this urgent need. I shall examine (1) retributive, (2) consequentialist, (3) reformative, and (4) deterrent punishments in an attempt to derive general equations. It is my wish that by contributing a general formula for each theory we might have (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  27. 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.
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  28. added 2016-01-31
    Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System.Ken Levy - 2014 - Rutgers Law Review 66:629-684.
    Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  29. added 2015-09-16
    Insanity Defenses.Walter Sinnott-Armstrong & Ken Levy - 2011 - In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press. pp. 299--334.
    We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  30. 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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   5 citations  
  31. 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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  32. added 2015-08-31
    Self-Defense and Imminence.Uwe Steinhoff - manuscript
    This paper argues that there is a significant moral difference between force applied against (imminent) attackers on the one hand and force applied against “threatening” people who are not (imminent) attackers on the other. Given that there is such a difference, one should not blur the lines by using the term “self-defense” (understood as including other-defense) for both uses of force. Rather, only the former is appropriately called self-defense, while for the latter, following German legal terminology, the term “justifying defensive (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  33. added 2015-08-31
    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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  34. added 2015-06-05
    Deliberation, Responsibility, and Excusing Mistakes of Law.Alexander A. Guerrero - 2015 - Jurisprudence 6 (1):81-94.
    In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the idea that mistakes of (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  35. added 2015-05-04
    Hart, Punishment and Excusing Conditions.Erasmus Mayr - 2014 - In C. G. Pulman (ed.), Hart on Responsibility.
  36. added 2015-04-25
    Revisiting the Hart/Wootton Debate on Responsibility.Matthew Matravers & Arina Cocoru - 2014 - In C. G. Pulman (ed.), Hart on Responsibility.
  37. added 2014-12-07
    'Introduction'.C. G. Pulman - 2014 - In Hart on Responsibility. Palgrave-Macmillan.
  38. added 2014-09-06
    Hart on Responsibility.C. G. Pulman (ed.) - 2014 - Palgrave-Macmillan.
  39. added 2014-03-26
    Individual Emergencies and the Rule of Criminal Law.François Tanguay-Renaud - 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.
  40. added 2014-03-19
    Ethics and the Brains of Psychopaths: The Significance of Psychopathy for Our Ethical and Legal Theories.William Hirstein & Katrina Sifferd - 2014 - In Charles Wolfe (ed.), Brain Theory: Essays in Critical Neurophilosophy. London: Springer. pp. 149-170.
    The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition. The first of these models, Newman’s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair’s amygdala model and Kiehl’s paralimbic model represent the (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  41. added 2014-03-14
    Why We Ought to Be (Reasonable) Subjectivists About Justification.Andrew Botterell - 2007 - Criminal Justice Ethics 26 (1):36-58.
    My aim in this paper is to argue that justification should not be conceived of in purely objective terms. In arguing for that conclusion I focus in particular on Paul Robinson’s presentation of that position, since it is the most sophisticated defense of the objective account of justification in the literature. My main point will be that the distinction drawn by Robinson between objective and subjective accounts of justification is problematic, and that careful attention to the role played by reasonableness (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  42. added 2014-03-14
    Is Justification (Somehow) Prior to Excuse? A Reply to Douglas Husak.Marcia Baron - 2005 - Law and Philosophy 24 (6):595-609.
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  43. added 2014-03-12
    The Distributive Justice Theory of Self-Defense: A Response to Whitley Kaufman.Re'em Segev - 2008 - Ethics and International Affairs 22 (1).
    In several papers, I have argued for a theory of distributive justice and considered its implications. This theory includes a principle of responsibility that was endorsed by others within an account of defensive force (self-defense and defense of others). Whitley Kaufman criticizes this account which he refers to as the "distributive justice theory of self-defense" (DJ theory). In this paper, I respond to this criticism. I argue that Kaufman presents the theory inaccurately, that his standard of evaluation of the theory (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  44. added 2014-03-12
    Justification, Rationality and Mistake: Mistake of Law is No Excuse? It Might Be a Justificaton!Re’em Segev - 2006 - Law and Philosophy 25 (1):31-79.
    According to a famous maxim, ignorance or mistake of law is no excuse. This maxim is supposed to represent both the standard and the proper rule of law. In fact, this maxim should be qualified in both respects: ignorance and mistake of law sometimes are, and (perhaps even more often) should be, excused. But this dual qualification only reinforces the fundamental and ubiquitous assumption which underlies the discussions of the subject, namely, that the only ground of exculpation relevant to ignorance (...)
    Remove from this list   Direct download (11 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  45. added 2014-03-07
    Sub-Optimal Justification and Justificatory Defenses.Re’em Segev - 2010 - Criminal Law and Philosophy 4 (1):57-76.
    Justificatory defenses apply to actions that are generally wrong and illegal—mainly since they harm people—when they are justified—usually since they prevent harm to others. A strict conception of justification limits justificatory defenses to actions that reflect all pertinent principles in the optimal manner. A more relaxed conception of justification applies to actions that do not reflect all pertinent principles optimally due to mistake but are not too far from this optimum. In the paper, I consider whether justificatory defenses should reflect (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  46. added 2014-03-07
    New Legal Moralism: Some Strengths and Challenges.Thomas Søbirk Petersen - 2010 - Criminal Law and Philosophy 4 (2):215-232.
    The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges made (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  47. added 2014-03-04
    When is Negligent Inadvertence Culpable?Kenneth Simons - 2011 - Criminal Law and Philosophy 5 (2):97-114.
    Doug Husak suggests that sometimes an actor should be deemed reckless, and not merely negligent, with respect to the risks that she knowingly created but has forgotten at the moment of action. The validity of this conclusion, he points out, depends crucially on what it means to be aware of a risk. Husak’s neutral prompt and counterfactual actual belief criteria are problematic, however. More persuasive is his suggestion that we understand belief, in this moral and criminal law context, as a (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  48. added 2014-03-04
    Legal Responsibility Adjudication and the Normative Authority of the Mind Sciences.Nicole A. Vincent - 2011 - Philosophical Explorations 14 (3):315-331.
    In the field of ?neurolaw?, reformists claim that recent scientific discoveries from the mind sciences have serious ramifications for how legal responsibility should be adjudicated, but conservatives deny that this is so. In contrast, I criticise both of these polar opposite positions by arguing that although scientific findings can have often-weighty normative significance, they lack the normative authority with which reformists often imbue them. After explaining why conservatives and reformists are both wrong, I then offer my own moderate suggestions about (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  49. added 2013-11-02
    Mistake of Law and Obstruction of Justice: A 'Bad Excuse' ... Even for a Lawyer!Lucinda Vandervort - 2001 - University of New Brunswick Law Journal 50: 171-186.
    In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any relevant (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  50. added 2013-10-12
    Genetyka Behawioralna Na Sali Sądowej [Behavioral Genetics in the Courtroom].Radosław Zyzik - 2012 - Forum Prawnicze 3 (11):27-42.
    W artykule została postawiona teza, że bezpośrednie wykorzystanie osiągnięć genetyki behawioralnej w naukach prawnych jest przedwczesne i wątpliwe pod względem metodologicznym. Struktura artykułu przedstawia się następująco. W pierwszej kolejność zaprezentowane zostały sprawy, w których genetyka behawioralna została wykorzystana (Bayout, Stefani, Landrigan). W kolejnym kroku możliwe sposoby pojawienia się tego typu dowodów w procesach karnych (np. wina, złagodzenie kary) są analizowane i krytycznie omawiane. Ostatnie dwie części artykułu poświęcone zostały analizie badań genetycznych mającej na celu ustalenie związku pomiędzy genami a zachowaniem. (...)
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
1 — 50 / 57