Results for 'Criminalization'

1000+ found
Order:
  1.  14
    Redoing Criminal Law: Taking the Deviant Turn.Leo Katz & Alvaro Sandroni - 2022 - Criminal Law and Philosophy 16 (3):429-439.
    This is a review of Larry Alexander and Kim Ferzan’s _Reflections on Crime and Culpability_, a sequel to the authors’ _Crime and Culpability_. The two books set out a sweeping proposal for reforming our criminal law in ways that are at once commonsensical and mindbogglingly radical. But even if one is not on board with such a radical experiment, simply thinking it through holds many unexpected lessons: startlingly new insights about the current regime and about novel ways of doing legal (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  2. Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity.Thomas Douglas - 2014 - The Journal of Ethics 18 (2):101-122.
    Criminal offenders are sometimes required, by the institutions of criminal justice, to undergo medical interventions intended to promote rehabilitation. Ethical debate regarding this practice has largely proceeded on the assumption that medical interventions may only permissibly be administered to criminal offenders with their consent. In this article I challenge this assumption by suggesting that committing a crime might render one morally liable to certain forms of medical intervention. I then consider whether it is possible to respond persuasively to this challenge (...)
    Direct download (8 more)  
     
    Export citation  
     
    Bookmark   48 citations  
  3. Criminally Ignorant: Why the Law Pretends We Know What We Don't.Alexander Sarch - 2019 - New York, NY, USA: Oup Usa.
    The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  4.  60
    Criminalization of scientific misconduct.William Bülow & Gert Helgesson - 2019 - Medicine, Health Care and Philosophy 22 (2):245-252.
    This paper discusses the criminalization of scientific misconduct, as discussed and defended in the bioethics literature. In doing so it argues against the claim that fabrication, falsification and plagiarism (FFP) together identify the most serious forms of misconduct, which hence ought to be criminalized, whereas other forms of misconduct should not. Drawing the line strictly at FFP is problematic both in terms of what is included and what is excluded. It is also argued that the criminalization of scientific (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   8 citations  
  5.  27
    Criminal Responsibility and Neuroscience: No Revolution Yet.Ariane Bigenwald & Valerian Chambon - 2019 - Frontiers in Psychology 10.
    Since the 90’s, neurolaw is on the rise. At the heart of heated debates lies the recurrent theme of a neuro-revolution of criminal responsibility. However, caution should be observed: the alleged foundations of criminal responsibility (amongst which free will) are often inaccurate and the relative imperviousness of its real foundations to scientific facts often underestimated. Neuroscientific findings may impact on social institutions, but only insofar as they also engage in a political justification of the changes being called for, convince populations, (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   10 citations  
  6. Criminal Attempts.R. A. Duff - 1996 - Oxford University Press UK.
    This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention (...)
     
    Export citation  
     
    Bookmark   11 citations  
  7.  2
    International Criminal Tribunals: A Normative Defense.Larry May & Shannon Fyfe - 2017 - Cambridge University Press.
    In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity (...)
    Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  8.  99
    Criminal Responsibility.Victor Tadros - 2005 - Oxford University Press.
    This book provides a systematic, philosophically informed account of criminal responsibility. It begins by providing a general account of criminal responsibility based on the relationship between the action that the defendent has performed and their character. It then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.
    Direct download  
     
    Export citation  
     
    Bookmark   43 citations  
  9.  33
    Criminalizing Health-Related Behaviors Dangerous to Others? Disease Transmission, Transmission-Facilitation, and the Importance of Trust.Leslie Pickering Francis & John G. Francis - 2012 - Criminal Law and Philosophy 6 (1):47-63.
    Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First, they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission of infectious disease and even for HIV/AIDS, (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  10.  67
    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 (...)
    Direct download (8 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  11.  22
    Criminal Law, the Victim and Community: The Shades of 'We' and the Conceptual Involvement of Community in Contemporary Criminal Law Theory. [REVIEW]Nina Peršak - 2014 - Criminal Law and Philosophy 8 (1):205-215.
    The article addresses the argument, put forward by Lernestedt, that the proprietor of the ‘criminal-law conflict’ is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept of community and (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  12. Criminal law in the age of the administrative state.Vincent Chiao - 2019 - New York, NY: Oxford University Press.
    Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.
     
    Export citation  
     
    Bookmark  
  13.  36
    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 (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  14.  85
    Criminalizing the State.François Tanguay-Renaud - 2013 - Criminal Law and Philosophy 7 (2):255-284.
    In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  15.  36
    Criminal Disenfranchisement and the Concept of Political Wrongdoing.Annette Zimmermann - 2019 - Philosophy and Public Affairs 47 (4):378-411.
    Disagreement persists about when, if at all, disenfranchisement is a fitting response to criminal wrongdoing of type X. Positive retributivists endorse a permissive view of fittingness: on this view, disenfranchising a remarkably wide range of morally serious criminal wrongdoers is justified. But defining fittingness in the context of criminal disenfranchisement in such broad terms is implausible, since many crimes sanctioned via disenfranchisement have little to do with democratic participation in the first place: the link between the nature of a criminal (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  16.  4
    Criminal Justice.J. Roland Pennock & John William Chapman (eds.) - 1985 - New York University Press.
    This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  17.  84
    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.
    Two significant, apparently unrelated, trends have emerged in American society and medicine. First, American medicine is reexamining its approach to dying. The Institute of Medicine, the American Medical Association and private funding organizations have recognized that too many dying people suffer from pain and other distress that clinicians can prevent or relieve. Second, this past decade has marked a sharp increase in the number of physicians prosecuted for criminal negligence based on arguably negligent patient care. The case often cited as (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   17 citations  
  18.  27
    Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.Francois Tanguay-Renaud & James Stribopoulos (eds.) - 2012 - Hart Publishing.
    In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of (...)
    Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  19.  14
    Do Criminal Offenders Have a Right to Neurorehabilitation?Emma Dore-Horgan - forthcoming - Criminal Law and Philosophy:1-23.
    Soon it may be possible to promote the rehabilitation of criminal offenders through neurointerventions. Some jurisdictions already utilise neurointerventions to diminish the risk of sexual or drug-related reoffending. And investigation is underway into several other neurointerventions that might also have rehabilitative applications within criminal justice—for example, pharmacotherapy to reduce aggression or impulsivity. Ethical debate on the use of neurointerventions to facilitate rehabilitation—henceforth ‘neurorehabilitation’—has proceeded on two assumptions: that we have instrumental reasons for employing neurorehabilitation ; and that its permissibility depends (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  20.  11
    Criminal Blame, Exclusion and Moral Dialogue.Costanza Porro - 2021 - Criminal Law and Philosophy 15 (2):223-235.
    In her recent book The Limits of Blame, Erin Kelly argues that we should rethink the nature of punishment because delivering blame is, contrary to the widely held view, not among the justifiable aims of a criminal justice system. In this paper, firstly, I discuss her case against criminal blame. Kelly argues that the emphasis on blame in the criminal justice system and in public discourse is one of the main causes of the stigma and exclusion faced by those convicted (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  21.  73
    Criminal Law Theory: Doctrines of the General Part.Stephen Shute & Andrew Simester (eds.) - 2002 - Oxford University Press.
    Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.
    Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  22.  83
    Criminalizing Behaviour to Protect Human Dignity.Tatjana Hörnle - 2012 - Criminal Law and Philosophy 6 (3):307-325.
    The purpose of this article is to discuss the criminalization of conduct based on human dignity arguments. It proposes a modest version of integrating human dignity into discussions about criminalization. After a critical examination of both the notion of “human dignity as an objective value” and the assumption that the meaning of human dignity can be explained by referring to Kant’s moral philosophy, human dignity violations are characterized as severe humiliations.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  23. The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence.Hock Lai Ho - 2016 - Criminal Law and Philosophy 10 (1):109-131.
    If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  24.  23
    Criminal Quarantine and the Burden of Proof.Michael Louis Corrado - 2019 - Philosophia 47 (4):1095-1110.
    In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level of (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  25. Criminal Responsibility.Ken M. Levy - 2019 - In Robert D. Morgan (ed.), SAGE Encyclopedia of Criminal Psychology. Thousand Oaks, California, USA: Sage Publishing. pp. 269-272.
    This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  26.  68
    Criminal Justice: An Introduction to Philosophies, Theories and Practice.Ian Marsh - 2004 - Routledge.
    This new text will encourage students to develop a deeper understanding of the context and the current workings of the criminal justice system. Part One offers a clear, accessible and comprehensive review of the major philosophical aims and sociological theories of punishment, the history of justice and punishment, and the developing perspective of victimology. In Part Two, the focus is on the main areas of the contemporary criminal justice system including the police, the courts and judiciary, prisons, and community penalties. (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  27.  15
    Criminal Prohibition of Wrongful Re‑identification: Legal Solution or Minefield for Big Data?Mark Phillips, Edward S. Dove & Bartha M. Knoppers - 2017 - Journal of Bioethical Inquiry 14 (4):527-539.
    The collapse of confidence in anonymization as a robust approach for preserving the privacy of personal data has incited an outpouring of new approaches that aim to fill the resulting trifecta of technical, organizational, and regulatory privacy gaps left in its wake. In the latter category, and in large part due to the growth of Big Data–driven biomedical research, falls a growing chorus of calls for criminal and penal offences to sanction wrongful re-identification of “anonymized” data. This chorus cuts across (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  28.  10
    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.
    Two significant, apparently unrelated, trends have emerged in American society and medicine. First, American medicine is reexamining its approach to dying. The Institute of Medicine, the American Medical Association and private funding organizations have recognized that too many dying people suffer from pain and other distress that clinicians can prevent or relieve. Second, this past decade has marked a sharp increase in the number of physicians prosecuted for criminal negligence based on arguably negligent patient care. The case often cited as (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   16 citations  
  29.  76
    Terrorizing Criminal Law.Lucia Zedner - 2014 - Criminal Law and Philosophy 8 (1):99-121.
    The essays in Waldron’s Torture, Terror, and Trade-Offs have important implications for debates about the criminalization of terrorism and terrorism-related offences and its consequences for criminal law and criminal justice. His reflections on security speak directly to contemporary debates about the preventive role of the criminal law. And his analysis of inter-personal security trade-offs invites much closer attention to the costs of counter-terrorism policies, particularly those pursued outside the criminal process. But is Waldron right to speak of a ‘welcome (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  30.  96
    Understanding Criminal Law through the Lens of Reason: Gardner, John. 2007. Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford: Oxford University Press, xiv + 288 pp.François Tanguay-Renaud - 2010 - Res Publica 16 (1):89-98.
    This is a review essay of Gardner, John. 2007, Offences and Defences: Selected Essays in the Philosophy of Criminal Law, Oxford: Oxford University Press, 288 pp.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  31.  17
    Criminal Law, Philosophy and Public Health Practice.A. M. Viens, John Coggon & Anthony S. Kessel (eds.) - 2013 - Cambridge University Press.
    The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. However, criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the interface between criminal (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  32. International Criminal Court, the Trust Fund for Victims and Victim Participation.Jovana Davidovic - 2013 - In Larry May Elizabeth Edenberg (ed.), Jus Post Bellum and Transitional Justice. Cambridge University Press. pp. 217-243.
    Once commonly held, the claim that international prosecutions have a valuable role to play in transitional processes has in recent years come under attack. This attack has generally been grounded in the assertion that inter-national criminal prosecutions undermine reconciliation.I believe that the international criminal prosecutions in general and the International Criminal Court (ICC) in particular can play a meaningful role in sustaining peace and making transitional periods smoother and faster. However, the role the ICC can play in the transitional processes (...)
     
    Export citation  
     
    Bookmark  
  33.  25
    International Criminal Law as a Site for Enhancing Women’s Rights? Challenges, Possibilities, Strategies.Kiran Kaur Grewal - 2015 - Feminist Legal Studies 23 (2):149-165.
    Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To explore these questions I focus on (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  34.  21
    Criminal law conversations: "Desert: Empirical, not metaphysical" and "contractualism and the sharing of wrongs".Matthew Lister - 2009 - In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
    Direct download  
     
    Export citation  
     
    Bookmark  
  35.  15
    Criminalization: In and Out.Victor Tadros - 2020 - Criminal Law and Philosophy 14 (3):365-380.
    In this paper I explore Antony Duff’s claim that there are categorical constraints on the scope of the criminal law that are set by its internal standards. I argue against his view that such constraints are categorical, and I suggest that his account of the nature of the criminal law is partial, and narrows the focus of our enquiry into the scope of the criminal law too much. However, I suggest that the project is an important contribution to our understanding (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  36.  88
    Theorizing Criminal Law Reform.Roger A. Shiner - 2009 - Criminal Law and Philosophy 3 (2):167-186.
    How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books does not embody those (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  37.  40
    Rethinking Criminal Law: Critical Notice: Truth, Error, and Criminal Law: An Essay in Legal Epistemologyby Larry Laudan.Andrew Botterell - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):93-112.
    Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you put (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  38.  18
    Criminalization, Legitimacy, and Welfare.Dan Priel - 2018 - Criminal Law and Philosophy 12 (4):657-676.
    A standard view about criminal law distinguishes between two kinds of offenses, “mala in se” and “mala prohibita.” This view also corresponds to a distinction between two bases for criminalization: certain acts should be criminalized because they are moral wrongs; other acts may be criminalized for the sake of promoting overall welfare. This paper aims to show two things: first, that allowing for criminalization for the sake of promoting welfare renders the category of wrongfulness crimes largely redundant. Second, (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  39.  56
    The Criminal Is Political: Policing Politics in Real Existing Liberalism.Koshka Duff - 2017 - Journal of the American Philosophical Association 3 (4):485-502.
    The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimize regimes that fell far short of realizing those ideals – indeed, that violently repressed anyone who tried to realize them. This paper suggests that the derogatory concept of ‘the criminal’ may be allowing liberal ideals to operate in contemporary political philosophy and real politics in a worryingly similar manner. By depoliticizing deep dissent from the prevailing order of property, this concept can obscure (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   8 citations  
  40.  10
    Criminal Law and Penal Law: The Wrongness Constraint and a Complementary Forfeiture Model.Alec Walen - 2020 - Criminal Law and Philosophy 14 (3):431-446.
    Antony Duff’s The Realm of Criminal Law offers an appealing moral reconstruction of the criminal law. I agree that the criminal law should be understood to predicate punishment upon sufficient proof that the defendant has committed a public wrong for which she is being held to account and censured. But the criminal law is not only about censoring people for public wrongs; it must serve other purposes as well, such as preventing people from committing serious crimes and more generally from (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  41.  26
    HIV criminal prosecutions and public health: an examination of the empirical research.Patrick O'Byrne, Alyssa Bryan & Marie Roy - 2013 - Medical Humanities 39 (2):85-90.
    Objectives To review the extant literature on HIV criminal laws, and to determine the impact of these laws on public health practice.Methods The available research on this topic was obtained and reviewed.Results The extant literature addressed three main topics: people's awareness of HIV criminal laws; people's perceptions of HIV criminal laws; and the potential effects of HIV criminal laws on people's sexual, HIV-status disclosure and healthcare-seeking practices. Within these categories, the literature demonstrated a high level of awareness of HIV criminal (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  42.  89
    Does Criminal Responsibility Rest Upon a False Supposition? No.Luke William Hunt - 2020 - Washington University Jurisprudence Review 13 (1):65-84.
    Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is that (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  43.  25
    European criminal law and European identity.Mireille Hildebrandt - 2007 - Criminal Law and Philosophy 1 (1):57-78.
    This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  44.  41
    Using Criminalization and Due Process to Reduce Scientific Misconduct.Benjamin K. Sovacool - 2005 - American Journal of Bioethics 5 (5):W1-W7.
    The issue of how to best minimize scientific misconduct remains a controversial topic among bioethicists, professors, policymakers, and attorneys. This paper suggests that harsher criminal sanctions against misconduct, better protections for whistleblowers, and the creation of due process standards for misconduct investigations are urgently needed. Although the causes of misconduct and estimates of problem remain varied, the literature suggests that scientific misconduct?fraud, fabrication, and plagiarism of scientific research?continues to damage public health and trust in science. Providing stricter criminal statutes against (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   11 citations  
  45.  69
    Why Criminal Law: A Question of Content? [REVIEW]Douglas Husak - 2008 - Criminal Law and Philosophy 2 (2):99-122.
    I take it as obvious that attempts to justify the criminal law must be sensitive to matters of criminalization—to what conduct is proscribed or permitted. I discuss three additional matters that should be addressed in order to justify the criminal law. First, we must have a rough idea of what degree of deviation is tolerable between the set of criminal laws we ought to have and the set we really have. Second, we need information about how the criminal law at (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  46.  6
    Smart criminal justice: exploring the use of algorithms in the Swiss criminal justice system.Monika Simmler, Simone Brunner, Giulia Canova & Kuno Schedler - forthcoming - Artificial Intelligence and Law:1-25.
    In the digital age, the use of advanced technology is becoming a new paradigm in police work, criminal justice, and the penal system. Algorithms promise to predict delinquent behaviour, identify potentially dangerous persons, and support crime investigation. Algorithm-based applications are often deployed in this context, laying the groundwork for a ‘smart criminal justice’. In this qualitative study based on 32 interviews with criminal justice and police officials, we explore the reasons why and extent to which such a smart criminal justice (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  47.  10
    Soviet Criminal Justice Evaluation in Lithuanian Immigrants Lawyers Research (article in Lithuanian).Gintaras Šapoka - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (2):455-466.
    In the history of Lithuania during the period between the two world wars, the criminal law sources were received from Russia (Criminal Statute of 1903) and adapted for the requirements of those States, where the conditions of life were notably different from those in Lithuania. The Criminal Statute of 1903 was the main criminal law source in Lithuania until 1940. Prior to the second occupation—the return of the Soviets—tens of thousands of Lithuanian citizens fled to the West, including a very (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  48.  1
    Criminal Law Conversations.Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.) - 2009 - Oxford University Press, Usa.
    Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most (...)
    Direct download  
     
    Export citation  
     
    Bookmark   4 citations  
  49.  14
    Criminal Law and Cultural Diversity.Will Kymlicka, Claes Lernestedt & Matt Matravers (eds.) - 2014 - Oxford, United Kingdom: Oxford University Press.
    What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists Criminal Law and Cultural Diversity offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility.
    Direct download  
     
    Export citation  
     
    Bookmark  
  50.  81
    The Philosophy of Criminal Law: Selected Essays.Douglas N. Husak - 2010 - Oxford University Press.
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake -- Mistake of (...)
    Direct download  
     
    Export citation  
     
    Bookmark   22 citations  
1 — 50 / 1000