Results for 'Duress (Law'

30 found
Order:
  1.  60
    Social Justice in the Modern Regulatory State: Duress, Necessity and the Consensual Model in Law.Lucinda Vandervort - 1987 - Law and Philosophy 6 (2):205 - 225.
    This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...)
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark  
  2.  4
    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.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  3. Theorizing Duress and Necessity in International Criminal Law.Dwight Newman - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
     
    Export citation  
     
    Bookmark  
  4.  1
    Eight. Duress and Necessity as Defenses in the Criminal Law.Alan Wertheimer - 1990 - In Coercion. Princeton University Press. pp. 144-169.
    Direct download  
     
    Export citation  
     
    Bookmark  
  5.  14
    Philosophical Foundations of the Nature of Law.Wilfrid J. Waluchow & Stefan Sciaraffa (eds.) - 2013 - Oxford University Press.
    Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  6.  49
    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   1 citation  
  7. The Oxford Handbook of the Philosophy of the Criminal Law.John Deigh & David Dolinko (eds.) - 2011 - Oxford University Press.
    This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research (...)
     
    Export citation  
     
    Bookmark  
  8.  13
    Can Corporations Experience Duress? An Examination of Emotion-Based Excuses and Group Agents.Sylvia Rich - forthcoming - Criminal Law and Philosophy:1-15.
    This article considers the question of whether corporate entities can benefit from the criminal-law defence of duress. The excuse of duress is accorded in recognition of the defendant’s extreme fear of a threatened consequence, and it is unclear whether corporate entities—as distinct from their members—can experience fear. Many proponents of corporate rationality deny that corporations can have emotional states. I argue that corporations can experience the fear that is necessary to ground a claim of duress, but that (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  9.  30
    Killing Under Duress.Suzanne Uniacke - 1989 - Journal of Applied Philosophy 6 (1):53-70.
    The House of Lords ruled in R v Howe (1987) that Duress is not a defence to murder in English law. Some of the central arguments rested on a simple view about the nature of duress and the way in which duress is relevant in moral evaluation. This paper discusses legal and non-legal senses of duress, and argues that duress can be relevant to moral evaluation in a number of different ways. Some acts under (...) are morally justified (here the defence of Duress is like that of Necessity) and some others are excusable; some excuses deny full responsibility on the part of the agent (here Duress is more like Provocation) and others do not. The judicial description of duress in Howe is too specific to notice this, with the consequence that some of the central claims made in dismissing Duress as a defence to murder are confused. (shrink)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  10.  7
    Rethinking Duress.Dennis Patterson - 2016 - Jurisprudence 7 (3):672-677.
    John Hyman makes a good case for the proposition that duress defeases what would otherwise be a voluntary act. In this article, I consider Hyman's arguments in the context of economic duress and conclude that while Hyman makes an excellent case for the proposition that duress vitiates voluntariness, there may be cases where the law might not want to allow the defence of duress.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  11. Allowing for Exceptions: A Theory of Defences and Defeasibility in Law.Luís Duarte D'Almeida - 2015 - Oxford University Press UK.
    You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but...' reply-is to hold that your particular wrong was committed (...)
    No categories
     
    Export citation  
     
    Bookmark  
  12. Philosophy of Law: An Introduction.Mark Tebbit - 2017 - Routledge.
    __ _Philosophy of Law: An Introduction_ provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured (...)
     
    Export citation  
     
    Bookmark  
  13.  38
    Excuses in Law and in Morality: A Response to Marcia Baron. [REVIEW]Jeremy Horder - 2007 - Criminal Law and Philosophy 1 (1):41-47.
    In this analysis of Marcia Baron’s account of excuses, I seek to do two things. I try to draw out the nature of the distinction between forgiving and excusing. I also defend the distinction between excuses (like duress), and denials of responsibility (like insanity).
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  14.  44
    Duress and Criminal Responsibility.Craig L. Carr - 1991 - Law and Philosophy 10 (2):161-188.
    While the plea of duress is generally accepted as a defense against criminal prosecution, the reasons why it exonerates are subject to dispute and disagreement. Duress is not easily recognizable as either an excusing or justifying condition. Additionally, duress is generally not permitted as a defense against criminal homicide, though some American jurisdictions allow the defense in felony-murder cases. In this paper, I present an argument for how and why the presence of duress can defeat a (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  15. The Logic of Excuses and the Rationality of Emotions.John Gardner - 2009 - Journal of Value Inquiry 43 (3):315-338.
    Sometimes emotions excuse. Fear and anger, for example, sometimes excuse under the headings of (respectively) duress and provocation. Although most legal systems draw the line at this point, the list of potentially excusatory emotions outside the law seems to be longer. One can readily imagine cases in which, for example, grief or despair could be cited as part of a case for relaxing or even eliminating our negative verdicts on those who performed admittedly unjustified wrongs. To be sure, the (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  16.  41
    Volenti Goes to Market.Robert E. Goodin - 2005 - The Journal of Ethics 10 (1-2):53-74.
    If free markets consist in nothing more than “capitalist acts between consenting adults,” and if in the old legal maxim “volenti non fit injuria,” then it seems to follow that free markets do no wrongs. But that defense of free markets wrenches the “volenti” maxim out of context. In common law adjudication of disputes between two parties, it is perfectly appropriate to cast standards of “volenti” narrowly, and largely ignore “duress via third parties” (wrongs done to or by others (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  17. Duress.Joshua Dressler - 2011 - In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
     
    Export citation  
     
    Bookmark  
  18. The Ivory Tower: Essays in Philosophy and Public Policy.Anthony Kenny - 1985 - Blackwell.
    pt. 1. Philosophy and law -- Direct and oblique intention and malice aforethought -- Intention and mens rea in murder -- Duress per minas as a defence to crime -- The expert in court -- pt. 2. Philosophy and war -- Counterforce and countervalue -- Better dead than Red -- The logic and ethics of nuclear deterrence -- Risk, recklessness, and extravagance -- Epilogue -- Enemies of academic freedom.
     
    Export citation  
     
    Bookmark   1 citation  
  19.  7
    The Canadian Supreme Court and Domestic Violence: R V Ryan, 2013 SCC 3. [REVIEW]Ronagh J. A. McQuigg - 2013 - Feminist Legal Studies 21 (2):185-193.
    This paper analyses the judgment of the Supreme Court of Canada in the case of R v Ryan, 2013 SCC 3. This is a very significant decision from a variety of perspectives. The judgment is an important addition to the Canadian criminal law jurisprudence as it clarifies the scope of the defence of duress. However, from a feminist perspective, the case also highlights issues relating to situations in which victims of domestic violence eventually kill their partners following long cycles (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  20.  5
    Chapter Two. Duress and Moral Progress.Seana Valentine Shiffrin - 2015 - In Speech Matters: On Lying, Morality, and the Law: On Lying, Morality, and the Law. Princeton University Press. pp. 47-78.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  21. Excusing Crime.Jeremy Horder - 2004 - Oxford University Press.
    When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. Setting himself against the 'classical' view of excuses, which has a long heritage, and is enshrined in different forms in many of the world's criminal codes, both liberal and non-liberal; Jeremy Horder argues that it is now time to move forwards. He contends that a wider (...)
     
    Export citation  
     
    Bookmark   14 citations  
  22.  20
    Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion?R. A. Duff - 2015 - Inquiry: An Interdisciplinary Journal of Philosophy 58 (2):189-220.
    The article offers an Aristotelian analysis of emotion-based defences in criminal law: someone who commits an offence is entitled to an excuse if she was motivated by a justifiably aroused and strongly felt emotion that gave her good reason to commit the offence and that might have destabilised the practical rationality even of a ‘reasonable’ person. This analysis captures the logical structure of duress and provocation as excuses—and also shows why provocation is controversial as even a partial defence. This (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  23.  45
    Mensrea.Jean Hampton - 1990 - Social Philosophy and Policy 7 (2):1.
    Accusing, condemning, and avenging are part of our daily life. However, a review of many years of literature attempting to analyze our blaming practices suggests that we do not understand very well what we are doing when we judge people culpable for a wrong they have committed. Of course, everyone agrees that, for example, someone deserves censure and punishment when she is guilty of a wrong, and the law has traditionally looked for a mens rea, or “guilty mind,” in order (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  24.  55
    Contracts.Brian Bix - 2010 - In Franklin G. Miller & Alan Wertheimer (eds.), The Ethics of Consent: Theory and Practice. Oxford University Press.
    Consent, in terms of voluntary choice, is - or, at least, appears to be or purports to be - at the essence of contract law. Contract law, both in principle and in practice, is about allowing parties to enter arrangements on terms they choose - each party imposing obligations on itself in return for obligations another party has placed upon itself. This freedom of contract- an ideal by which there are obligations to the extent, but only to the extent, freely (...)
    Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  25.  20
    American Physicians and Dual Loyalty Obligations in the "War on Terror".Jerome Singh - 2003 - BMC Medical Ethics 4 (1):1-10.
    Background Post-September 11, 2001, the U.S. government has labeled thousands of Afghan war detainees "unlawful combatants". This label effectively deprives these detainees of the protection they would receive as "prisoners of war" under international humanitarian law. Reports have emerged that indicate that thousands of detainees being held in secret military facilities outside the United States are being subjected to questionable "stress and duress" interrogation tactics by U.S. authorities. If true, American military physicians could be inadvertently becoming complicit in detainee (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  26.  10
    Freewill and Responsibility.William Lyons & Anthony Kenny - 1980 - Philosophical Quarterly 30 (119):183.
    This reissue was first published in 1978. Anthony Kenny, one of the most distinguished philosophers in England, explores the notion of responsibility and the precise place of the mental element in criminal actions. Bringing the insights of recent philosophy of mind to bear on contemporary developments in criminal law, he writes with the general reader in mind, no specialist training in philosophy being necessary to appreciate his argument. Kenny shows that abstract distinctions drawn by analytic philosophers are relevant to decisions (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  27.  16
    The Curious Case of Combatant Culpability.David J. Garren - 2012 - Philosophy in the Contemporary World 19 (2):72-80.
    Are soldiers to blame for the wars in which they fight? If a war is unjust or illegal, do soldiers bear any responsibility? The traditional, and still dominant, view both in morality and law is that soldiers do not bear responsibility and therefore are not to blame for the wars in which they fight, no matter how unjust or illegal they may be because: a) soldiers are incapable of knowing whether the wars in which they fight are unjust or illegal; (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  28.  3
    For a Negative, Normative Model of Consent, With a Comment on Preference-Skepticism.Donald Dripps - 1996 - Legal Theory 2 (2):113.
    Let me begin by admitting that I am wary of any comprehensive definition of consent. This bias stems from my professional concentration on criminal law, in which nouons of freedom and responsibility play vital roles in a wide range of contexts. In each context, however, one discovers that freedom means something different. A voluntary act is any bodily movement not caused by external force or nervous disorder. On the other hand, a voluntary act, however horrific its results, ordinarily may be (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  29.  13
    Freewill and Responsibility.Anthony Kenny - 2011 - Routledge.
    This reissue was first published in 1978. Anthony Kenny, one of the most distinguished philosophers in England, explores the notion of responsibility and the precise place of the mental element in criminal actions. Bringing the insights of recent philosophy of mind to bear on contemporary developments in criminal law, he writes with the general reader in mind, no specialist training in philosophy being necessary to appreciate his argument. Kenny shows that abstract distinctions drawn by analytic philosophers are relevant to decisions (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  30. Social Cohesion and Legal Coercion a Critique of Weber, Durkheim and Marx.Leon Shaskolsky Sheleff (ed.) - 1997
    The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book (...)
     
    Export citation  
     
    Bookmark   2 citations