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  1. Adorno, Freedom and Criminal Law: The ‘Determinist Challenge’ Revitalised.Craig Reeves - 2016 - Law and Critique 27 (3):323-348.
    This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces (...)
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  • Criminal Law Guilt and Ontological Guilt: A Heideggerian Perspective.Charis N. Papacharalambous - 2022 - Law and Critique 33 (2):149-173.
    The paper deals with the notion of guilt according to Heidegger’s philosophy and its repercussions for the understanding of guilt according to criminal law doctrine and theory. Heidegger’s notion on guilt is tantamount to Dasein’s incapacity to exhaust all its existential possibilities, whereas legal guilt has to do only with man’s legal indebtedness, which is an aspect of inauthenticity, a deficient mode of ontological responsibility. This does not mean, though, sheer amoralism or apologetics to violence. In late Heidegger one may (...)
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  • Description, Ascription, and Action in the Criminal Law.Luís Duarte D'almeida - 2007 - Ratio Juris 20 (2):170-195.
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  • Three Rationales for a Legal Right to Mental Integrity.Thomas Douglas & Lisa Forsberg - 2021 - In S. Ligthart, D. van Toor, T. Kooijmans, T. Douglas & G. Meynen (eds.), Neurolaw: Advances in Neuroscience, Justice and Security. Palgrave Macmillan.
    Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one’s body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one’s mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others’ minds; the second holds that, if (...)
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  • Animals Who Think and Love: Law, Identification and the Moral Psychology of Guilt.Alan Norrie - 2019 - Criminal Law and Philosophy 13 (3):515-544.
    How does the human animal who thinks and loves relate to criminal justice? This essay takes up the idea of a moral psychology of guilt promoted by Bernard Williams and Herbert Morris. Against modern liberal society’s ‘peculiar’ legal morality of voluntary responsibility, it pursues Morris’s ethical account of guilt as involving atonement and identification with others. Thinking of guilt in line with Morris, and linking it with the idea of moral psychology, takes the essay to Freud’s metapsychology in Civilization and (...)
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  • Alan Norrie, Law and the Beautiful Soul: Glasshouse Press, London, 2005, Vi + 218 Pp.Gideon Calder - 2009 - Criminal Law and Philosophy 3 (3):317-320.
  • Realism, Dialectic, Justice and Law: An Interview with Alan Norrie.Alan Norrie & Jamie Morgan - 2021 - Journal of Critical Realism 20 (1):98-122.
    In this wide-ranging interview Alan Norrie discusses how he became involved with Critical Realism, his work on Dialectical Critical Realism, and responses to it amongst the Critical Realist communi...
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  • ‘Exploding the Limits of Law’: Judgment and Freedom in Arendt and Adorno.Craig Reeves - 2009 - Res Publica 15 (2):137-164.
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...)
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  • Criminals or Patients? Towards a Tragic Conception of Moral and Legal Responsibility.Mark Coeckelbergh - 2010 - Criminal Law and Philosophy 4 (2):233-244.
    There is a gap between, on the one hand, the tragic character of human action and, on the other hand, our moral and legal conceptions of responsibility that focus on individual agency and absolute guilt. Drawing on Kierkegaard’s understanding of tragic action and engaging with contemporary discourse on moral luck, poetic justice, and relational responsibility, this paper argues for a reform of our legal practices based on a less ‘harsh’ (Kierkegaard) conception of moral and legal responsibility and directed more at (...)
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  • Selves, Persons, Individuals : A Feminist Critique of the Law of Obligations.Janice Richardson - unknown
    This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure (...)
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  • To Flourish or Destruct: A Personalist Theory of Human Goods, Motivations, Failure, and Evil.Alan Norrie - 2017 - Journal of Critical Realism 16 (4):423-430.
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  • Criminal Law and the Autonomy Assumption: Adorno, Bhaskar, and Critical Legal Theory.Craig Reeves - 2014 - Journal of Critical Realism 13 (4):339-367.
    This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity in (...)
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  • Human Rights and the New Corporate Accountability: Learning From Recent Developments in Corporate Criminal Liability. [REVIEW]Aurora Voiculescu - 2009 - Journal of Business Ethics 87 (2):419 - 432.
    The 3rd Report of the Special Representative of the Secretary-General of the United Nations appears to have generated significant consensus around its approach to business and human rights. This state of harmony relies mainly upon a narrow mandate limiting the endeavour largely to a mapping exercise. It also relies upon a process of 'operationalisation' that is yet to be undertaken despite the recent release of a 4th Report. After a brief presentation of the main parameters of the framework proposed by (...)
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  • Wrongfulness and Prohibitions.J. R. Edwards & A. P. Simester - 2014 - Criminal Law and Philosophy 8 (1):171-186.
    This paper responds to Antje du-Bois Pedain’s discussion of the wrongfulness constraint on the criminal law. Du-Bois Pedain argues that the constraint is best interpreted as stating that φing is legitimately criminalised only if φing is wrongful for other-regarding reasons. We take issue with du-Bois Pedain’s arguments. In our view, it is neither a necessary nor sufficient condition of legitimate criminalisation that φing is wrongful in du-Bois Pedain’s sense. Rather, it is a necessary condition of legitimate criminalisation that φing is (...)
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  • Criminal Responsibility and the Living Self.Thomas Giddens - 2015 - Criminal Law and Philosophy 9 (2):189-206.
    Behaviour, including criminal behaviour, takes place in lived contexts of embodied action and experience. The way in which abstract models of selfhood efface the individual as a unique, living being is a central aspect of the ‘ethical-other’ debate; if an individual is modelled as abstracted from this ‘living’ context, that individual cannot be properly or meaningfully linked with his or her behaviour, and thus cannot justly be understood as responsible. The dominant rational choice models of criminal identity in legal theory (...)
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  • Ethics and History: Can Critical Lawyers Talk of Good and Evil? [REVIEW]Alan Norrie - 2015 - Criminal Law and Philosophy 9 (3):443-456.
    This essay explores what we might mean by good and evil, and argues that these terms remain salient for a critical, socio-historical, understanding of criminal law. It draws upon a meta-ethics of freedom and solidarity to explain what good means in recent mercy killing cases in England and Wales, and what evil means in Arendt’s phrase, the ‘banality of evil’.
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  • The Normative Structure of Criminal Law: Moral or Political?Hamish Stewart - 2015 - Criminal Law and Philosophy 9 (4):719-725.
  • Historical Differentiation, Moral Judgment and the Modern Criminal Law.Alan Norrie - 2007 - Criminal Law and Philosophy 1 (3):251-257.
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