19 found
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  1. Crimes, Harms, and Wrongs: On the Principles of Criminalisation.A. P. Simester - 2011 - Hart.
     
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  2. Rethinking the Offense Principle.A. P. Simester & Andrew von Hirsch - 2002 - Legal Theory 8 (3):269-295.
    This paper explores the Offence Principle. It discusses whether two constraints, additional to the criteria stated in conventional analysis, ought to be met before the Offense Principle can be satisfied: (i) that offensive conduct must be a wrong, and (ii) that the conduct must also lead to harm. The nature of the Harm Principle, and its relationship to the Offense Principle, are also considered. The paper suggests that, even if all cases in which offense should be criminalized also involve harm, (...)
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  3. Is Strict Liability Always Wrong?A. P. Simester - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press.
     
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  4.  80
    Why Omissions Are Special: A. P. Simester.A. P. Simester - 1995 - Legal Theory 1 (3):311-335.
    The criminal law presently distinguishes between actions and omissions, and only rarely proscribes failures to avert consequences that it would be an offense to bring about. Why? In recent years it has been persuasively argued by both Glover and Bennett that, celeris paribus, omissions to prevent a harm are just as culpable as are actions which bring that harm about. On the other hand, and acknowledging that hitherto “lawyers have not been very successful in finding a rationale for it,” Tony (...)
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  5.  28
    Remote Harms and Non-Constitutive Crimes.A. P. Simester & Andrew von Hirsch - 2009 - Criminal Justice Ethics 28 (1):89-107.
  6.  17
    On the Legitimate Objectives of Criminalisation.A. P. Simester & Andreas von Hirsch - 2016 - Criminal Law and Philosophy 10 (2):367-379.
    We discuss and respond to the contributions of Tatjana Hörnle, John Kleinig, and John Stanton-Ife, and clarify some aspects of the arguments made in Crimes, Harms, and Wrongs.
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  7.  9
    On the Legitimate Objectives of Criminalisation.A. P. Simester & Andreas Hirsch - 2016 - Criminal Law and Philosophy 10 (2):367-379.
    We discuss and respond to the contributions of Tatjana Hörnle, John Kleinig, and John Stanton-Ife, and clarify some aspects of the arguments made in Crimes, Harms, and Wrongs.
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  8.  24
    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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  9.  91
    Harm and Culpability.A. P. Simester & A. T. H. Smith (eds.) - 1996 - Oxford University Press.
    The present volume draws together original and significant essays from a number of leading authorities which identify areas of the modern criminal law where there are significant conceptual difficulties. The project developed from a series of seminars in Cambridge University, in which leading Anglo-American philosophers, criminal lawyers and legal theorists explored subjects such as attempts, intention, justification, excuses, coercion, complicity, drug-dealing and criminal harm.
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  10.  3
    Iraq and the Use of Force: Do the Side-Effects Justify the Means?A. P. Simester & Robert Cryer - 2006 - Theoretical Inquiries in Law 7 (1):9-41.
    To say that the matter of the legality of the armed conflict against Iraq in 2003 was divisive is an understatement. The primary justification given by the UK government for the lawful nature of the Iraq war was an implied mandate from the Security Council. The implied mandate was said to be derived from a combination of Security Council Resolutions 678 and 1441. Many international lawyers remain unconvinced that such a mandate can be inferred from those resolutions. There is agreement (...)
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  11. Why Distinguish Intention From Foresight.A. P. Simester - 1996 - In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press. pp. 71--102.
     
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  12.  34
    Agency.A. P. Simester - 1996 - Law and Philosophy 15 (2):159 - 181.
    In 1992, Law and Philosophy published an account of the paradigm case of intended action; one which gestured at, and did not pursue, an explanation of the requirement that a person be an agent in respect of her behaviour before that behaviour can constitute intended action. This paper completes that account by supplying an analysis of agency. The paper falls into three parts. It begins by casting doubt upon the possibility of specifying a causal account along the lines once envisaged (...)
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  13.  22
    Mistakes in Defence.A. P. Simester - 1992 - Oxford Journal of Legal Studies 12 (2):295-310.
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  14.  11
    Attempts: In the Philosophy of Action and the Criminal Law, by Gideon Yaffe.A. P. Simester - 2014 - Mind 123 (492):1249-1255.
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  15.  16
    Paradigm Intention.A. P. Simester - 1992 - Law and Philosophy 11 (3):235 - 263.
    Antony Duff's recent account of intended action has aroused considerable interest, particularly amongst English commentators, as an attempt to provide criteria that might be utilised by a judge or legislator. While Duff's analysis is instructive, and although it may be desirable to find conditions capturing the central notion of intention in action, this paper demonstrates that the specific conditions proposed by Duff are unsatisfactory. They require extensive modification in order to circumvent a number of difficulties presented here.
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  16.  7
    On Tax and Justice.A. P. Simester - 2003 - Oxford Journal of Legal Studies 23 (4):711-726.
  17.  6
    Correcting Unjust Enrichments.A. P. Simester - 2010 - Oxford Journal of Legal Studies 30 (3):579-598.
    This review article examines R Chambers, C Mitchell and J Penner (eds), Philosophical Foundations of the Law of Unjust Enrichment. These sophisticated essays suggest that a corrective, bipolar analysis of autonomous unjust enrichment is broadly right. However, the normative rationale is complex. From the plaintiff’s perspective, there are autonomy-based grounds for drawing an analogy to voidable rather than void property transactions. For similar reasons, the role of a corresponding-enrichment requirement primarily concerns identification of the defendant rather than establishing injustice.
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  18. Law and Action.A. P. Simester - 1993
     
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  19. On the General Part in Criminal Law.A. P. Simester & Stephen Shute - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press. pp. 1--12.
     
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