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  1. After Incompatibilism: A Naturalistic Defense of the Reactive Attitudes.Shaun Nichols - 2007 - Philosophical Perspectives 21 (1):405-428.
    From the first time I encountered the problem of free will in college, it struck me that a clear-eyed view of free will and moral responsibility demanded some form of nihilism. Libertarianism seemed delusional, and compatibilism seemed in bad faith. Hence I threw my lot in with philosophers like Paul d’Holbach, Galen Strawson, and Derk Pereboom who conclude that no one is truly moral responsible. But after two decades of self- identifying as a nihilist, it occurred to me that I (...)
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  • The History of Scientific Expert Testimony in the English Courtroom.Tal Golan - 1999 - Science in Context 12 (1):7-32.
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  • Punishment Theory’s Golden Half Century: A Survey of Developments From 1957 to 2007.Michael Davis - 2009 - Journal of Ethics 13 (1):73-100.
    This paper describes developments in punishment theory since the middle of the twentieth century. After the mid-1960s, what Stanley I. Benn called "preventive theories of punishment"—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally categorized as "retributive". These alternatives include both old theories resurrected after many decades in philosophy's graveyard and some new ones. Only in the (...)
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  • Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW]Alan Brudner - 2009 - Criminal Law and Philosophy 3 (2):147-166.
    This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...)
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  • Punishment Theory's Golden Half Century: A Survey of Developments From (About) 1957 to 2007. [REVIEW]Michael Davis - 2009 - The Journal of Ethics 13 (1):73 - 100.
    This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many (...)
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  • Rights and Excuses.George P. Fletcher - 1984 - Criminal Justice Ethics 3 (2):17-27.
  • The Priority of Politics and Procedure Over Perfectionism in Penal Law, or, Blackmail in Perspective.Donald A. Dripps - 2009 - Criminal Law and Philosophy 3 (3):247-260.
    Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is not the moral argument (...)
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  • Murder Under Duress: Terrorism And The Criminal Law.Peter Alldridge & Catherine Belsey - 1989 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 2 (3):223-246.
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