Related categories

72 found
Order:
1 — 50 / 72
  1. Nonhuman Self-Investment Value.Gary Comstock - manuscript
    Guardians of companion animals killed wrongfully in the U.S. historically receive compensatory judgments reflecting the animal’s economic value. As animals are property in torts law, this value typically is the animal’s fair market value—which is often zero. But this is only the animal’s value, as it were, to a stranger and, in light of the fact that many guardians value their animals at rates far in excess of fair market value, legislatures and courts have begun to recognize a second value, (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  2. Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - forthcoming - In Valsamis Mitsilegas, Pedro Caeiro, Sabine Gless, Miguel João Costa & Foivi Mouzakiti (eds.), Elgar Encylopedia of Criminal Law and Criminal Justice. Cheltenham, UK: Edward Elgar.
    We discuss how the law and scholars have approached three questions. First, what acts count as acts of entrapment? Secondly, is entrapment a permissible method of law-enforcement and, if so, in what circumstances? Thirdly, what must criminal courts do, in response to the finding that an offence was brought about by an act of entrapment, in order to deliver justice? While noting the contrary tendency, we suggest that the first question should be addressed in a manner that is neutral about (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  3. Working Document on Penal Laws' Reforms in India.Deepa Kansra - 2022 - Lex Quest Foundation's Working Document on Penal Laws' Reforms in India.
    India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. gaps (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  4. Physical Signals and Their Thermonuclear Astrochemical Potentials: A Review on Outer Space Technologies.Yang Immanuel Pachankis - 2022 - International Journal of Innovative Science and Research Technology 7 (5):669-674.
    The article reviews on the technical attributes on current technologies deployed in outer space and those that are being developed and mass produced. The article refutes the Chinese state-controlled Xinhua News’ propaganda several years ago on objecting America’s deployment of nuclear technologies in outer space with rigorous scientific evidence. Furthermore, the article warns on the dangers of physical signals applied in outer space technologies that can threaten the solar system, especially the Mozi quantum satellite with photon beams. The article concludes (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  5. Sex, Reasons, Pro Tanto Wronging, and the Structure of Rape Liability.Kate Greasley - 2021 - Criminal Law and Philosophy 15 (2):159-179.
    Some recent scholarship in the philosophy of criminal law has claimed that sexual penetration ‘per se’—meaning, consensual or otherwise—is pro tanto morally wrong, or that there exist ‘general reasons’ against it. On such a view, penetrative sex is only ever at best justified wrongdoing. When paired with an influential view about the theoretical basis of the offence-defence distinction in criminal law, the apparent implication is that sexual penetration alone ought to constitute the actus reus of rape, with the question of (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  6. Intersections of International Human Rights Law and Criminal Law (Conference Report).Deepa Kansra - 2021 - Indian Law Institute Law Review 1 (Winter):377-379.
    The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  7. Differentiating Disobedients.Chong-Ming Lim - 2021 - Journal of Ethics and Social Philosophy 20 (2).
    Conscientious disobedients often face the demand to differentiate themselves from criminals whose law-breaking actions are not undergirded by conscientious convictions. In public and philosophical discourse, conscientious disobedients are often criticised on the basis that their actions render them no different from criminals. I provide a qualified defence of disobedients in this essay. I argue that the differentiation demand can be satisfied even by disobedients who engage in what are typically regarded as radical acts of disobedience. In practical terms, this means (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  8. Problemi vecchi e nuovi delle false dichiarazioni sostitutive.Fabio Antonio Siena - 2020 - Diritto Penale Contemporaneo - Rivista Trimestrale 10 (3):237-254.
    L’articolo ripercorre i principali snodi interpretativi riguardanti la rilevanza penale delle false attestazioni in dichiarazioni sostitutive di certificati e atti notori disciplinate dagli artt. 46 e 47 del D.P.R. n. 445/2000, analizzando le modifiche apportate dai decreti Rilancio e Semplificazioni, nonché i peculiari problemi connessi all’uso di questo strumento istruttorio per la concessione della garanzia statale sui finanziamenti alle imprese. SOMMARIO: 1. Premesse. La semplificazione delle procedure amministrative per l’ottenimento di benefici economici. – 2. Le dichiarazioni sostitutive di certificati e (...)
    Remove from this list  
    Translate
     
     
    Export citation  
     
    Bookmark  
  9. A Philosophically Enriched Exegesis of Criminal Accessorial Liability.Mark Dsouza - 2019 - UCL Journal of Law and Jurispridence 8 (1).
    The central features of the English criminal law’s approach to the liability of principal offender are fairly clear, coherent, and settled. By contrast, the English law of criminal accessorial liability is notoriously lacking in these qualities. In this paper, I attempt to correct this imbalance by developing a philosophically enriched exegesis (and where appropriate, critique) of the English law on criminal accessorial liability, by reference to the structures of responsibility underpinning English criminal law. I take the relatively settled state of (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  10. Pinkerton Short-Circuits the Model Penal Code.Andrew Ingram - 2019 - Villanova Law Review 64 (1):71-99.
    I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  11. Cancellation of Bail.Deepa Kansra - 2019 - Delhi, India: Bail: Law and Practice in India, Indian Law Institute, India.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody... The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  12. Bail Under Special Legislations.Deepa Kansra - 2019 - In Manoj Kr Sinha and Anuragdeep (ed.), Bail: Law and Practice in India. Delhi, India: pp. 185-193.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody...The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At the (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  13. Can a Woman Rape a Man and Why Does It Matter?Natasha McKeever - 2019 - Criminal Law and Philosophy 13 (4):599-619.
    Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: it is physically impossible for a woman to rape a man; it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; rape is a gendered crime. I argue that, as (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  14. The Immortal Fly: Eternal Whispers _ Google Scholar.Rituparna Ray Chaudhuri - 2019 - Bloomington,USA: Partridge International In Association with Penguin Random House.
    THE IMMORTAL FLY: ETERNAL WHISPERS. WHO IS SHE? Author: Rituparna Ray Chaudhuri. Hello, Recently my book named, ‘The Immortal Fly: Eternal Whispers : Based On True Events of a Family' been published from Partridge (USA) In Association with Penguin Random House (UK) and achieved a separate Google identity. -/- As being # the author of the book, I thought to define self in the book what is definition of 'Depression'. I wanted to explain self in many ways, but the best (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  15. Criminally Ignorant: Why the Law Pretends We Know What We Don't.Alexander Sarch - 2019 - New York, NY, USA: Oup Usa.
    The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  16. Fatti e giudizi, tra inosservanza della regola contabile e falsità del bilancio.Fabio Antonio Siena - 2019 - Diritto Penale Contemporaneo 3 (4):5-33.
    Abstract. Con il presente contributo si propone una rilettura critica del concetto di “verità legale”, ove propugnato per estendere l’area di prensione punitiva delle false comunicazioni sociali anche ai giudizi discrezionali. Il disaccordo con l’impianto motivazionale delle Sezioni Unite – nel contesto argomentativo dei valori monetari intesi come “traduzione” di fatti obbiettivi – si radica in particolare nell’assunto del «ridotto margine di opinabilità» delle scienze contabili. L’affermazione, come si vedrà, è foriera di fraintendimenti. Si attribuisce al parametro adottato (normativo prima (...)
    Remove from this list  
    Translate
     
     
    Export citation  
     
    Bookmark  
  17. Falsità ideologica di una sentenza. Attestazioni implicite, vero legale e giudizi tecnici.Fabio Antonio Siena - 2019 - Archivio Penale 9 (3):1-38.
    ​In risposta all’ipotesi di estendere la categoria del falso valutativo alle motivazioni di una sentenza, l’articolo tenta una ricostruzione critica della progressiva apertura del falso intellettuale ad atti dispositivi e giudizi tecnici, ponendone in evidenza alcune aporie e proponendo specifici temperamenti. Tanto la teoria dei fatti psichici, quanto quella delle attestazioni implicite e del vero legale, nella loro congiunta sovrapposizione alla struttura della fattispecie penale, possono scadere in una violazione del divieto di analogia in materia penale. Il caso da cui (...)
    Remove from this list  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  18. Hate Crime Laws.Kenneth W. Simons - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 285-311.
    This chapter reaches the following conclusions about laws that enhance punishment for criminal conduct prompted by group hatred or bias:Hatred should not be either a necessary or a sufficient condition for enhanced punishment.Enhanced punishment is justifiable when bias crimes display greater culpability, express disrespect for the victim’s group, or cause either greater psychic harm to the victim or group-specific outrage in the victim’s community.Properly designed bias crime laws do not improperly punish for thoughts or character.Such laws are more defensible if (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  19. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R V George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  20. Collective Responsibility and Joint Criminal Enterprise.David Atenasio - 2018 - In Brent J. Steele & Eric A. Heinze (eds.), Routledge Handbook of Ethics and International Relations. New York: Routledge. pp. 54-64.
    In this chapter, I analyze a number of theories of distributing collective responsibility to participating group members to assess the extent to which they justify or fail to justify the legal doctrine of Joint Criminal Enterprise.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  21. Review of Findlay Stark, Culpable Carelessness: Recklessness and Negligence in the Criminal Law: Cambridge University Press, 2016, 327 Pp. [REVIEW]Alexander Sarch - 2018 - Criminal Law and Philosophy 12 (4):725-730.
    This book review sketches the main arguments of Findlay Stark’s book, and then goes on to develop an objection to Stark’s account of one of the core notions in the book—namely, awareness of risk.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  22. Willful Ignorance in Law and Morality.Alexander Sarch - 2018 - Philosophy Compass 13 (5):e12490.
    This article introduces the main conceptual and normative questions about willful ignorance. The first section asks what willful ignorance is, while the second section asks why—and how much—it merits moral or legal condemnation. My approach is to critically examine the criminal law's view of willful ignorance. Doing so not only reveals the range of positions one might take about the phenomenon but also sheds light on foundational questions about the nature of culpability and the relation between law and morality.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  23. Resolving Judicial Dilemmas.Alexander Sarch & Daniel Wodak - 2018 - Virginia Journal of Criminal Law 6:93-181.
    The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  24. Can Strict Criminal Liability for Responsible Corporate Officers Be Justified by the Duty to Use Extraordinary Care?Kenneth W. Simons - 2018 - Criminal Law and Philosophy 12 (3):439-454.
    The responsible corporate officer doctrine is, as a formal matter, an instance of strict criminal liability: the government need not prove the defendant’s mens rea in order to obtain a conviction, and the defendant may not escape conviction by proving lack of mens rea. Formal strict liability is sometimes consistent with retributive principles, especially when the strict liability pertains to the grading of an offense. But is strict liability consistent with retributive principles when it pertains, not to grading, but to (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  25. The Wrongs of Unlawful Immigration.Ana Aliverti - 2017 - Criminal Law and Philosophy 11 (2):375-391.
    For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not ‘true crimes’ or are a ‘mere camouflage’ to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of criminal law theory. My purpose in this paper is to examine these offences through some of the basic tenets of criminal law. I argue that the predominant forms of liability for the most often used immigration offences (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  26. 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  
  27. Drug Proscriptions as Proxy Crimes.Douglas Husak - 2017 - Law and Philosophy 36 (4):345-366.
    Our drug policy has been widely deemed a failure because the criminalization of drug use has not succeeded in reducing prevalence rates. I contend that the most promising basis to defend the justifiability of drug offenses is to construe them as proxy crimes: offenses designed to prevent the commission of other, more serious crimes. I make a case that many law enforcement officials use drug proscriptions for this purpose in the real world. When construed as proxy crimes, drug prohibitions are (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  28. Scientific Expertise and the Politics of Emotions in the 1902 Trial of Giuseppe Musolino.Daphne Rozenblatt - 2017 - History of the Human Sciences 30 (3):25-49.
    In 1902, the Calabrian brigand Giuseppe Musolino was tried on several counts of murder and many crimes of lesser magnitude. While the tale of the brigand’s 1898 false conviction, imprisonment, escape and then revenge sparked a national debate about the political and cultural meaning of brigandage, the trial came to focus on Musolino’s emotional state at the time of his crimes. Was he a cold-blooded and calculating killer who manipulated southerners into believing he was a folk hero? Or was he (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  29. Two Theoretical Dimensions of the Cyber Hate Crime.Cesar Rommel Salas - 2017 - Social Research: An International Quarterly 1 (01):1-4.
    The impact and relationship between technologies and society establish the development of certain adaptive models, based on coexistence (Human-information-Machine), as well as several behavioral and cognitive changes of the human being, and new models of influence and social control through ubiquitous communication. which is the basis of a new social units called "virtual communities". The rupture of social norms that accompanies rapid social change, and subsequently the appearance of sub-cultural values establishes gaining status of participation in criminal activities, the components (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  30. 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 (4 more)  
     
    Export citation  
     
    Bookmark  
  31. The Place of Persecution and Non-State Action in Refugee Protection.Matthew Lister - 2016 - In Alex Sager (ed.), The Ethics and Politics of Immigration: Core Issues and Emerging Trends. Lanham, MD, USA: Rowman & Littlefield. pp. 45-60.
    Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   5 citations  
  32. 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  
  33. 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 (3 more)  
     
    Export citation  
     
    Bookmark  
  34. Hart and Punishment for Negligence.Larry Alexander - 2014 - In C. G. Pulman (ed.), Hart on Responsibility.
  35. Prostitution and Paternalism.Jeffrey A. Gauthier - 2014 - In David Boersema (ed.), Dimensions of Moral Agency. Cambridge Scholars Press. pp. 194-202.
    Both liberals and feminists have long criticized the paternalistic approach to prostitution found in most jurisdictions in the U.S. In his recent book Prostitution and Liberalism, Peter de Marneffe defends just such an intervention, arguing that the demonstrated harmfulness of a life of prostitution justifies paternalistic policies aimed at reducing the number of women who are involved in it. Although de Marneffe does not endorse the prohibitionist approach typical in the U.S., he argues that the best reasons for alternative approaches (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  36. Hate and Punishment.Antti Kauppinen - 2014 - Journal of Interpersonal Violence:1-19.
    According to legal expressivism, neither crime nor punishment consists merely in intentionally imposing some kind of harm on another. Crime and punishment also have an expressive aspect. They are what they are in part because they enact attitudes toward others—in the case of crime, some kind of disrespect, at least, and in the case of punishment, society’s condemnation or reprobation. Punishment is justified, at least in part, because (and when) it uniquely expresses fitting condemnation or other retributive attitude. What makes (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   6 citations  
  37. Embarking on a Crime.Sarah K. Paul - 2014 - In Enrique Villanueva V. (ed.), Law and the Philosophy of Action. Rodopi. pp. 101-24.
    When we define something as a crime, we generally thereby criminalize the attempt to commit that crime. However, it is a vexing puzzle to specify what must be the case in order for a criminal attempt to have occurred, given that the results element of the crime fails to come about. I argue that the philosophy of action can assist the criminal law in clarifying what kinds of events are properly categorized as criminal attempts. A natural thought is that this (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   7 citations  
  38. Punishing Adolescents—On Immaturity and Diminished Responsibility.Jesper Ryberg - 2014 - Neuroethics 7 (3):327-336.
    Should an adolescent offender be punished more leniently than an adult offender? Many theorists believe the answer to be in the affirmative. According to the diminished culpability model, adolescents are less mature than adults and, therefore, less responsible for their wrongdoings and should consequently be punished less harshly. This article concerns the first part of the model: the relation between immaturity and diminished responsibility. It is argued that this relation faces three normative challenges which do not allow for easy answers (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  39. How is the Culpability We Assign to Recklessness Best Accounted for in Criminal Law?Joe Slater - 2014 - Dissertation,
    In order to be properly applied, criminal law must determine what conduct warrants punitive action. Figuring out exactly how one must act to be criminally liable is a difficulty that faces any legal system. In many jurisdictions criminal recklessness is regarded as an important notion for liability. However, recklessness is difficult to define, and attempts at this exercise have been a problem in legal philosophy since the mid-twentieth century, and persist today. This thesis discusses accounts of recklessness with the aim (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  40. Delitos Acumulativos Ambientales: una aproximación desde el republicanismo.Santiago Truccone Borgogno - 2013 - Revista de Derecho Ambiental de la Universidad de Palermo 2 (2):59-98.
    La censura penal en los estados liberales de derecho se ha justificado históricamente desde el concepto de bien jurídico y desde principio del daño, conforme la tradición sea alemana o anglosajona, respectivamente. Sin embargo, en las últimas décadas se observa que tales criterios no pueden hacer frente a nuevos problemas que presentan las sociedades modernas. Tal es el caso de las tipificaciones en forma de delitos acumulativos, es decir conductas que en sí mismas acarrean consecuencias lesivas muy pequeñas, pero que (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  41. Punishment and Moral Sentiments.Thom Brooks - 2012 - Review of Metaphysics 66:281-93.
    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   1 citation  
  42. Public Welfare Offenses Under Criminal Law: A Brief Note.Deepa Kansra - 2012 - Legal News and Views 2 (26):10-14.
    The state has always authoritatively used criminal law to give effect to its policy of condemning acts either antisocial or unacceptable to the conscience of the law and society. The existence of criminal law is well justified on grounds of ‘social welfare’ or “reinforcement of those values most basic to proper social functioning”. This initiates or sustains the process of criminalization. The relativity of ‘social welfare’ makes law ‘dynamic’ as well as ‘varying’, vis-à-vis its ambit and scope. Current scholarship is (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  43. Exploring Antecedents of Attitude and Intention Toward Internet Piracy Among College Students in South Korea.Hyoungkoo Khang, Eyun-Jung Ki, In-Kon Park & Seon-Gi Baek - 2012 - Asian Journal of Business Ethics 1 (2):177 - 194.
    Abstracts This study aims to examine the predictors of attitude and intentions toward Internet piracy in South Korea. Also, it intends to suggest a model of Internet piracy demonstrating the casual effects of factors of individual attitude and intentions toward Internet piracy. The results demonstrated that moral obligations and subjective norms are significant predictors of an individual’s attitude toward Internet piracy. Moreover, three factors—moral obligation, perceived behavioral control, and attitude—are essential antecedents of an individual’s intention to engage in Internet piracy. (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  44. Criminalizing Cognitive Enhancement at the Blackjack Table.Adam Kolber - 2012 - In Memory and Law.
    Blackjack players who “count cards” keep track of cards that have already been played and use this knowledge to turn the probability of winning in their favor. Though casinos try to eject card counters or otherwise make their task more difficult, card counting is perfectly legal. So long as card counters rely on their own memory and computational skills, they have violated no laws and can make sizable profits. By contrast, if players use a “device” to help them count cards, (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  45. Is Strict Criminal Liability in the Grading of Offences Consistent with Retributive Desert?Kenneth W. Simons - 2012 - Oxford Journal of Legal Studies 32 (3):445-466.
    Notwithstanding the demands of retributive desert, strict criminal liability is sometimes defensible when the strict liability pertains, not to whether conduct is to be criminalized at all, but to the seriousness of the actor’s crime. Suppose an actor commits an intentional assault or rape, and accidentally brings about a death. Punishing the actor more seriously because the death resulted is sometimes justifiable, even absent proof of his independent culpability as to the death. But what punishment is proportionate for such an (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  46. Why a Criminal Prohibition on Sex Selective Abortions Amounts to a Thought Crime.Sonu Bedi - 2011 - Criminal Law and Philosophy 5 (3):349-360.
    In a sex selective abortion, a woman aborts a fetus simply on account of the fetus’ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victim’s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He or she (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  47. Comprehending the Distinctively Sexual Nature of the Conduct.Jami L. Anderson - 2010 - Sex, Drugs and Rock and Roll.
    Since the 1970s, sexual assault laws have evolved to include prohibitions of sexual acts with cognitively impaired individuals. The argument justifying this prohibition is typically as follows: A sex act that is forced (without the legally valid consent of) someone is sexual assault. Cognitively impaired individuals, because they lack certain intellectual abilities, cannot give legally valid consent. Therefore, cognitively impaired individuals cannot consent to sex. Therefore, sex acts with cognitively impaired individuals is sexual assault. The prohibition of sex with such (...)
    Remove from this list  
    Translate
     
     
    Export citation  
     
    Bookmark  
  48. Punishment.Thom Brooks - 2010 - Oxford Bibliographies Online.
    The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   24 citations  
  49. Killing, Letting Die, and the Case for Mildly Punishing Bad Samaritanism.Ken Levy - 2010 - Georgia Law Review 44:607-695.
    For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...)
    Remove from this list   Direct download (3 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  50. Bodily Privacy, Toilets, and Sex Discrimination: The Problem of "Manhood" in a Women's Prison.Jami L. Anderson - 2009 - In Olga Gershenson Barbara Penner (ed.), Ladies and Gents. pp. 90.
    Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
1 — 50 / 72