5 found
  1. Unintentional Punishment.Adam J. Kolber - 2012 - Legal Theory 18 (1):1-29.
    Criminal law theorists overwhelmingly agree that for some conduct to constitute punishment, it must be imposed intentionally. Some retributivists have argued that because punishment consists only of intentional inflictions, theories of punishment can ignore the merely foreseen hardships of prison, such as the mental and emotional distress inmates experience. Though such distress is foreseen, it is not intended, and so it is technically not punishment. In this essay, I explain why theories of punishment must pay close attention to the unintentional (...)
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    The limited right to alter memory.Adam J. Kolber - 2014 - Journal of Medical Ethics 40 (10):658-659.
    We like to think we own our memories: if technology someday enables us to alter our memories, we should have certain rights to do so. But our freedom of memory has limits. Some memories are simply too valuable to society to allow individuals the unfettered right to change them. Suppose a patient regains consciousness in the middle of surgery. While traumatized by the experience and incapable of speaking, he coincidentally overhears two surgeons make plans to set fire to the hospital. (...)
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    The End of Liberty.Adam J. Kolber - 2021 - Criminal Law and Philosophy 15 (3):407-424.
    Theorists treat liberty as a great equalizer. We can’t easily distribute equal welfare, but we can purport to distribute equal liberty. In fact, however, nothing about “equal liberty” is meaningfully equal. To demonstrate, I turn not to familiar cases of distributing positive goods but to the distribution of a negative good, namely carceral punishment. Many theorists believe we should impose proportional punishment by depriving offenders of liberty in proportion to their blameworthiness. In this manner, equally blameworthy offenders are said to (...)
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  4. Free will as a matter of law.Adam J. Kolber - 2016 - In Dennis Michael Patterson & Michael S. Pardo (eds.), Philosophical Foundations of Law and Neuroscience. Oxford, United Kingdom: Oxford University Press UK.
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    Line Drawing in the Dark.Adam J. Kolber - 2021 - Theoretical Inquiries in Law 22 (1):111-136.
    The law inevitably draws lines. These lines distinguish, for example, whether certain conduct reflects ordinary recklessness constituting manslaughter or more extreme recklessness constituting murder. There is no way to meaningfully draw such lines, however, absent shared ways of representing amounts of recklessness or at least knowledge of the consequences of drawing lines in particular places. Yet legal actors frequently draw lines in the dark, establishing cutoffs along a spectrum with little or none of the information required to do so in (...)
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