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  1. Why Criminal Responsibility for Negligence Cannot Be Indirect.Alexander Greenberg - forthcoming - Cambridge Law Journal.
    A popular way to try to justify holding defendants criminally responsible for inadvertent negligence is via an indirect or ‘tracing’ approach, i.e. an approach which traces the inadvertence back to prior culpable action. I argue that this indirect approach to criminal negligence fails because it can’t account for a key feature of how criminal negligence should be (and sometimes is) assessed. Specifically, it can’t account for why, when considering whether a defendant is negligent, what counts as a risk should be (...)
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  2. Punishment With and Without the State: Comments on Linda Radzik’s The Ethics of Social Punishment: The Enforcement of Morality in Everyday Life.Leo Zaibert - forthcoming - Criminal Law and Philosophy:1-10.
    Linda Radzick's new book, The Ethics of Social Punishment, contains an important discussion of punishment outside the context of the state. By way of celebrating this fine and welcome book, I try to probe some analytical contours concerning punishment seen from the general perspective on which Radzick and I agree. I suggest altogether abandoning the idea that punishment needs to be inflicted by an authority. Furthermore, I insist on an account of retributivism that resists the usual accusations of barbarism and (...)
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  3. Omissive Overdetermination: Why the Act-Omission Distinction Makes a Difference for Causal Analysis.Yuval Abrams - 2022 - University of Western Australia Law Review 1 (49):57-86.
    Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...)
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  4. Non‐Paradigmatic Punishments.Helen Brown Coverdale & Bill Wringe - 2022 - Philosophy Compass 17 (5):e12824.
    Philosophy Compass, Volume 17, Issue 5, May 2022.
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  5. A Review of Elinor Mason’s Ways to be Blameworthy. [REVIEW]Andreas Brekke Carlsson - 2022 - Criminal Law and Philosophy 16 (1):215-221.
    In this review, I summarize Elinor Mason’s Ways to be Blameworthy and raise some worries concerning three aspects of her book: her account of the knowledge condition on moral responsibility, her notion of blame and its justification as well as Mason’s conception of extended blameworthiness.
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  6. Dark Times, Black Light: A Reply to Yankah, Kelly, and Mills.Tommie Shelby - 2022 - Criminal Law and Philosophy 16 (1):45-55.
    Replies to symposium commentaries on the book Dark Ghettos: Injustice, Dissent, and Reform.
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  7. Conceptualizing Coercive Indoctrination in Moral and Legal Philosophy.Evan Tiffany - 2022 - Criminal Law and Philosophy 16 (1):153-179.
    This paper argues that there are compelling grounds for thinking that coercive indoctrination can defeat or mitigate moral culpability in virtue of being a form of non-culpable moral ignorance. That is, I defend a two-tier account such that what excuses an agent for a wrongful act is the agent’s ignorance regarding the moral quality of their act; and what excuses the defendant for their ignorance is that coercion or manipulation deprived the defendant of a fair opportunity to avoid that ignorance. (...)
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  8. Liability for Robots: Sidestepping the Gaps.Bartek Chomanski - 2021 - Philosophy and Technology 34 (4):1013-1032.
    In this paper, I outline a proposal for assigning liability for autonomous machines modeled on the doctrine of respondeat superior. I argue that the machines’ users’ or designers’ liability should be determined by the manner in which the machines are created, which, in turn, should be responsive to considerations of the machines’ welfare interests. This approach has the twin virtues of promoting socially beneficial design of machines, and of taking their potential moral patiency seriously. I then argue for abandoning the (...)
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  9. Against Accomplice Liability.Alex Kaiserman - 2021 - In Oxford Studies in Philosophy of Law. Oxford, UK: pp. 124-155.
    Accomplice liability makes people guilty of crimes they knowingly helped or encouraged others to commit, even if they did not commit the crime themselves. But this method of criminalizing aiders and abettors is fraught with problems. In this chapter, I argue that accomplice liability in the criminal law should be replaced with a system in which agents are criminalized on the basis of their individual contributions to causings of harm—the larger the contribution, the more severe the crime—regardless of whether those (...)
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  10. Holding Responsible and Taking Responsibility.Stephen Bero - 2020 - Law and Philosophy 39 (3):263-296.
    In matters of responsibility, there are often two sides to the transaction: one party who holds another responsible, and the other who takes responsibility for her conduct. The first side has been closely scrutinized in discussions of the nature of responsibility, due to the influential Strawsonian conjecture that an agent is responsible if and only if it is appropriate to hold her responsible. This preoccupation with holding responsible – with its focus on the second-personal perspective and on responses like blame (...)
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  11. Morally Permissible Risk Imposition and Liability to Defensive Harm.Susanne Burri - 2020 - Law and Philosophy 39 (4):381-408.
    This paper examines whether an agent becomes liable to defensive harm by engaging in a morally permissible but foreseeably risk-imposing activity that subsequently threatens objectively unjustified harm. It first clarifies the notion of a foreseeably risk-imposing activity by proposing that an activity should count as foreseeably risk-imposing if an agent may morally permissibly perform it only if she abides by certain duties of care. Those who argue that engaging in such an activity can render an agent liable to defensive harm (...)
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  12. Special Issue on Recklessness and Negligence.Christopher Cowley & Beatrice Krebs - 2020 - Criminal Law and Philosophy 14 (1):5-8.
    This paper introduces the Special Issue on Recklessness and Negligence. It highlights the main issues and controversies that surround these concepts and then briefly introduces each of the papers that comprise the Special Issue.
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  13. Yaffe, Gideon. The Age of Culpability: Children and the Nature of Criminal Responsibility. [REVIEW]Craig K. Agule - 2019 - Ethics 130 (2):271-276.
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  14. Children of a Lesser God? The Vividown Case and Privacy on the Internet.Gianluca Andresani & Natalina Stamile - 2019 - Revista da Faculdade de Direito UFPR 64 (2):141-169.
    In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...)
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  15. The Ethics of Law’s Authority: On Tommie Shelby's, Dark Ghettos: Injustice, Dissent, and Reform.Erin I. Kelly - 2019 - Criminal Law and Philosophy 16 (1):1-12.
    Tommie Shelby argues that social injustice undermines the moral standing states would have, were they just, to condemn criminal wrongdoers. He makes a good argument, but he does not go far enough to reject the blaming function of punishment. Shelby’s argument from “impure dissent,” in particular, helps to demonstrate the limits of blame in criminal justice.
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  16. Free Will and Moral Sense: Strawsonian Approaches.Paul Russell - 2017 - In Routledge Companion to Free Will. London, UK: pp. 96-108.
    Over the past few centuries the free will debate has largely turned on the question of whether or not the truth of the thesis of determinism is compatible with the relevant form of freedom that is required for moral responsibility. This way of approaching the free will problem was fundamentally challenged by P.F. Strawson in his hugely influential paper “Freedom and Resentment,” which was published in 1962. In this paper Strawson pursues a line of argument that can be found in (...)
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  17. Review of Michael McKenna, Conversation and Responsibility. [REVIEW]Paul Russell - 2017 - Philosophical Review 126 (2):285-95.
    Michael McKenna’s Conversation and Responsibility is an ambitious and impressive statement of a new theory of moral responsibility. McKenna’s approach builds upon the strategy advanced in P.F. Strawson’s enormously influential “Freedom and Resentment” (which was published in 1962). The account advanced aims to provide Strawson’s theory with the sort of detail that is required to fill significant gaps and respond to a wide range of criticisms and objections that have been directed against it. ....Conversation and Responsibility belongs on the top (...)
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  18. The Legal Philosophy and Influence of Jeremy Bentham: Essays on of the Limits of the Penal Branch of Jurisprudence.Guillaume Tusseau - 2014 - Routledge.
    Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham's major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham's theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham's approach with other landmark (...)
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  19. Responsibility, Paternalism and Alcohol Interlocks.Kalle Grill & Jessica Fahlquist - 2012 - Public Health Ethics 5 (2):116-127.
    Drink driving causes great suffering and material destruction. The alcohol interlock promises to eradicate this problem by technological design. Traditional counter-measures to drink driving such as policing and punishment and information campaigns have proven insufficient. Extensive policing is expensive and intrusive. Severe punishment is disproportionate to the risks created in most single cases. If the interlock becomes inexpensive and convenient enough, and if there are no convincing moral objections to the device, it may prove the only feasible as well as (...)
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  20. Two Dimensions of Responsibility in Crime, Tort, and Moral Luck.Benjamin C. Zipursky - 2008 - Theoretical Inquiries in Law 9 (1):97-137.
    Parallel moral luck problems exist in three different normative domains: criminal law, tort law, and conventional moral thinking. In all three, the normative status of an actor’s conduct seems to depend on matters beyond the actor’s control. Criminal law has historically imposed greater punishment on the murderer who kills his intended victim than on the identically behaved would-be murderer whose shot fortuitously misses. Tort law imposes liability on the negligent driver who injures someone, but no liability if, through good fortune, (...)
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