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  1. Hart and Punishment for Negligence.Larry Alexander - 2014 - In C. G. Pulman (ed.), Hart on Responsibility.
  2. Introduction to Issues 2 and 3: Symposium on Consent in Sexual Relations.Larry Alexander - 1996 - Legal Theory 2 (2):87-88.
    Legal and social norms regarding gender relations have undergone dramatic changes in the past 25 years. The changes have come about largely because of the confluence of changing economic and technological realities, the unfolding of the norm dictating equal treatment of individuals, the sexual revolution and its corollaries of improved contraception and legal abortion, the rise of women as a self-conscious group and a presence in the academy, and the interrelations of all of these factors. As men and women have (...)
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  3. 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 (...)
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  4. Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying.Ann Alpers - 1998 - Journal of Law, Medicine and Ethics 26 (4):308-331.
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  5. 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 (...)
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  6. 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 (...)
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  7. Why a Criminal Prohibition on Sex Selective Abortions Amounts to a Thought Crime.Sonu Bedi - 2011 - Criminal Law and Philosophy 5 (3):349-360.
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  8. Commodification and Phenomenology: Evading Consent in Theory Regarding Rape.John Bogart - 1996 - Legal Theory 2 (3):253-264.
    In a recent essay, Donald Dripps advanced what he calls a "commodification theory" of rape, offered as an alternative to understanding rape in terms of lack of consent. Under the "commodification theory," rape is understood as the expropriation of sexual services, i.e., obtaining sex through "illegitimate" means. One aim of Dripps's effort was to show the inadequacy of consent approaches to understanding rape. Robin West, while accepting Dripps's critique of consent theories, criticizes Dripps's commodification approach. In its place, West suggests (...)
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  9. Reconsidering Rape: Rethinking the Conceptual Foundations of Rape Law.John Bogart - 1995 - Canadian Journal of Law and Jurisprudence 8 (1):159-82.
    Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside and apart (...)
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  10. 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 justicado 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 (...)
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  11. Unlocking Morality From Criminal Law.Thom Brooks - 2017 - Journal of Moral Philosophy 14 (3):339-352.
    This review article critically examines R. A. Duff and Stuart P. Green’s wide-ranging Philosophical Foundations of Criminal Law. The book captures well a crucial debate at the heart of its topic: is morality a key for understanding criminal law? I first consider legal moralism arguments answering this question in the affirmative and argue they should be rejected. I next consider alternatives to argue that philosophers of criminal law should look beyond legal moralism for more compelling theories about criminal law.
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  12. A Précis of Punishment.Thom Brooks - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1).
    Punishment is a topic of increasing importance for citizens and policy-makers. The same can be said for academic researchers and students. Mass imprisonment has reached record high levels while public confidence is often lacking. New thinking is required urgently to address these challenges. Moreover, there have been several key developments in the philosophy of punishment over the last 20 years absent in leading guides including the communicative theory of punishment, restorative justice and my novel unified theory of punishment. -/- My (...)
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  13. 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, (...)
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  14. Shame on You, Shame on Me? Nussbaum on Shame Punishment.Thom Brooks - 2008 - Journal of Applied Philosophy 25 (4):322-334.
    abstract Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to (...)
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  15. 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 (...)
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  16. Moral Sentiments and the Justification of Punishment.Thom Brooks - unknown
    Adam Smith's theory of punishment is rarely explored. This article examines his understanding of punishment in light of his theory of moral sentiments. My aim is to show how he is neither a retributivist or deterrence advocate, but instead defends a more unified theory of punishment bringing different penal goals together in a new framework.
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  17. The Impact of Police-Monitored CCTV Cameras on Crime Patterns: A Quasi-Experimental Study in the Metropolitan City of Bursa, Turkey.Darcan Emirhan - 2012 - Dissertation, Rutgers The School of Criminal Justice
    Rapid adoption and expansion of the CCTV systems in Turkey as well as all over the world have produced a fair amount of ―technological determinism‖ among many law enforcement officials, which Norris and Armstrong (1999, p. 9) define as ―an unquestioning belief in the power of technology‖. As a matter of technological determinism, politicians and the public continue to myopically expect that the exclusive responsibility of preventing crime rest on the police-monitored CCTV cameras. Conversely, policy makers may be better informed (...)
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  18. 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 (...)
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  19. Consent, Coercion, and Sexual Autonomy.Jeffrey A. Gauthier - 1999 - In Keith Burgess-Jackson (ed.), A Most Detestable Crime: New Philosophical Essays on Rape. Oxford University Press. pp. 71-91.
    Feminist legal scholarship has questioned the usefulness of non-consent as a criterion for rape. Under conditions of generalized sexual oppression, consent may not be an adequate for absence of coercion. I defend this argument and propose that rape law reform can be usefully informed by state protection of workers in the capitalist labor market, where it is assumed that the parties occupy an unequal bargaining position.
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  20. 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 (...)
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  21. Pinkerton Short-Circuits the Model Penal Code.Andrew Ingram - forthcoming - Villanova Law Review.
    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 (...)
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  22. 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 (...)
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  23. 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 (...)
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  24. 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. (...)
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  25. 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, (...)
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  26. Trying to Make Sense of Criminal Attempts. [REVIEW]Ken Levy - 2016 - Jurisprudence 7 (3):656-664.
    Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.
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  27. 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 (...)
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  28. The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats.Ken Levy - 2007 - Connecticut Law Review 39:1051-1096.
    Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...)
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  29. The Solution to the Problem of Outcome Luck: Why Harm Is Just as Punishable as the Wrongful Action That Causes It.Ken Levy - 2005 - Law and Philosophy 24 (3):263-303.
    A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...)
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  30. 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 (...)
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  31. Guilty Bystanders? On the Legitimacy of Duty to Rescue Statutes.Alison Mcintyre - 1994 - Philosophy and Public Affairs 23 (2):157-191.
  32. 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 (...)
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  33. 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 (...)
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  34. Two Theoretical Dimensions of the Cyber Hate Crime.Cesar Rommel Salas - 2017 - Social Research 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 (...)
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  35. Strategies of Displacement and Other Violations of Territoriality : Cybercrime, the World Wide Web and the Ambit of Criminal Law.Gareth Sansom - 2009 - In Albert Breton (ed.), Multijuralism: Manifestations, Causes, and Consequences. Ashgate.
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  36. The Gender Question in Criminal Law.Stephen J. Schulhofer - 1990 - Social Philosophy and Policy 7 (2):105.
    Over the past decade, both the doctrine and the practice of criminal law have come under intensely critical review by feminist scholars and reformers. The territory under reexamination by or because of feminists spans the problems of women as witnesses, defendants, and prisoners in the criminal justice system; it extends to the situation of women as potential victims and offenders in diverse offense circumstances. Crimes in which the defendant or victim is typically female are predictable subjects of feminist concern, but (...)
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  37. Common Men, Uncommon Law: Exploring the Links Between Disciplinary Proceedings and Criminal Law.Aditya Swarup - manuscript
    Equality in administrative law and procedure is a Dicean concept. It delves into the fact that there must be equality in treatment between public servants and the ordinary citizen. The State-citizen divide in the legal system has always been a debatable issue that only some have sought to address. This issue also comes to the fore in the area of criminal law. With its roots in the French droit administratif, the system of having disciplinary proceedings for certain crimes conducted by (...)
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  38. The White-Collar Police Force: "Duty to Report" Statutes in Criminal Law.Sandra Guerra Thompson - unknown
    At both the federal and state levels, numerous criminal laws require individuals to report suspicions of criminal conduct, such as child and elder abuse, violent crimes including domestic violence, environmental crimes, and financial offenses. Reporting duties are imposed on people in many different types of professions, depending on the type of offense being reported, and increasingly may be imposed on all persons without regard to profession. The laws have made the failure to report criminally punishable and, in some instances, all (...)
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  39. Immigration Law and Long-Term Residents: A Missing Chapter in American Criminal Law.Sandra Guerra Thompson - manuscript
    In this Commentary, Professor Sandra Guerra Thompson urges her colleagues who teach and write on the subjects of criminal law and procedure to explore the growing intersection of immigration law and criminal law. Her Commentary addresses the plight of the millions of long-term residents of the United States who do not have citizenship, legal residency or a visa. She discusses the implications of changes in law enforcement policy regarding persons found within national borders - as opposed to those found in (...)
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  40. 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 (...)
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