25 found
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  1. The Grammar of Criminal Law: American, Comparative, and International.George P. Fletcher - 2007 - Oxford University Press.
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. (...)
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  2. Fairness and Utility in Tort Theory.George P. Fletcher - 1972 - Harvard Law Review 85 (3):537-573.
    Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each (...)
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  3. Romantics at War: Glory and Guilt in the Age of Terrorism.George P. Fletcher - 2002 - Princeton University Press.
    America is at war with terrorism. Terrorists must be brought to justice.We hear these phrases together so often that we rarely pause to reflect on the dramatic differences between the demands of war and the demands of justice, differences so deep that the pursuit of one often comes at the expense of the other. In this book, one of the country's most important legal thinkers brings much-needed clarity to the still unfolding debates about how to pursue war and justice in (...)
     
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  4.  18
    [Book Review] Basic Concepts of Criminal Law. [REVIEW]George P. Fletcher - 1999 - Criminal Justice Ethics 18 (2):58-67.
  5. Loyalty: An Essay on the Morality of Relationships.George P. Fletcher - 1994 - Law and Philosophy 13 (2):241-250.
     
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  6.  42
    Defensive Force as an Act of Rescue: GEORGE P. FLETCHER.George P. Fletcher - 1990 - Social Philosophy and Policy 7 (2):170-179.
    Jewish law takes an approach to self-defense that differs dramatically from the conventional assumptions of Western secular legal systems. The central theme of Talmudic jurisprudence is that self-defense rests on a duty not to stand idly by while one's neighbor suffers. “Do not stand on the blood of one's neighbor,” as the point is cryptically put in Leviticus 19:16. This way of thinking about self-defense departs in two significant ways from common Western assumptions. First, it stresses that the roots of (...)
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  7.  11
    Basic Concepts of Legal Thought.George P. Fletcher - 1996 - Oxford University Press.
    In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The final (...)
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  8.  42
    Punishment and Self-Defense.George P. Fletcher - 1989 - Law and Philosophy 8 (2):201 - 215.
  9.  72
    The Right to Life.George P. Fletcher - 1980 - The Monist 63 (2):135-155.
    In the theory of rights we repeatedly encounter the problem of reconciling someone’s having a right, with his properly suffering damage to the interest protected by the right. In the case of right to life, we have to assess numerous cases in which individuals are killed or allowed to die, and yet we wish nonetheless to affirm their right to life. These cases include killing an aggressor in self-defense, accidental homicide, terminating life-sustaining therapy, and capital punishment.
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  10.  15
    Constructing a Theory of Impossible Attempts.George P. Fletcher - 1986 - Criminal Justice Ethics 5 (1):53-69.
  11.  24
    The Recidivist Premium.George P. Fletcher - 1982 - Criminal Justice Ethics 1 (2):54-59.
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  12.  19
    The Search for Synthesis in Tort Theory.George P. Fletcher - 1983 - Law and Philosophy 2 (1):63 - 88.
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  13. Political Theory and Criminal Law.George P. Fletcher - 2006 - Criminal Justice Ethics 25 (1):18-38.
  14.  44
    The Case for Tolerance: GEORGE P. FLETCHER.George P. Fletcher - 1996 - Social Philosophy and Policy 13 (1):229-239.
    For people to live together in pluralistic communities, they must find someway to cope with the practices of others that they abhor. For that reason, tolerance has always seemed an appealing medium of accommodation. But tolerance also has its critics. One wing charges that the tolerant are too easygoing. They are insensitive to evil in their midst. At the same time, another wing attacks the tolerant for being too weak in their sentimentsof respect. “The Christian does not wish to be (...)
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  15. Concepte de Bazæa Ale Justi÷Tiei Penale.George P. Fletcher, Igor Dolea & Drago÷S. Blæanaru - 2001
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  16.  6
    Criminal Theory as an International Discipline: Reflections on the 1984 Freiburg Workshop.George P. Fletcher - 1985 - Criminal Justice Ethics 4 (1):60-77.
  17.  31
    The Commonality of Loyalty and Tolerance.George P. Fletcher - 1993 - Criminal Justice Ethics 12 (1):68-70.
  18.  19
    In God’s Image: The Religious Imperative of Equality Under Law. [REVIEW]George P. Fletcher - 2002 - Human Rights Review 3 (2):85-97.
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  19.  7
    Collective Guilt and Collective Punishment.George P. Fletcher - 2004 - Theoretical Inquiries in Law 5 (1):163-178.
    Attitudes toward collective guilt in the Middle East require us to take a closer look at guilt in the Bible. It turns out the text of Genesis is conflicted. Some passages support a theory of guilt linked with the inevitability of cleansing and punishment; other passages appear to treat guilt as a psychological state that might be cured by a confession of sins. The tension is important today in trying to understand whether the collective guilt of nations should also entail (...)
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  20.  18
    God's Image and Egalitarian Politics.George P. Fletcher - 2004 - Social Philosophy and Policy 21 (1):310-321.
    These days, American politicians are loath to cite biblical passages for fear of being charged with breaching the wall between church and state. There was a time when a presidential candidate could claim that a certain monetary policy would “crucify us on a cross of gold.” This kind of rhetoric is now taboo. America's national leaders even avoid quoting the religious phrases from the Declaration of Independence, particularly its references to the “Creator” or “Nature's God.” Although in the past some (...)
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  21.  25
    10. The Instability of Tolerance.George P. Fletcher - 1998 - In David Heyd (ed.), Toleration: An Elusive Virtue. Princeton University Press. pp. 158-172.
  22.  3
    Criminal Theory in the Twentieth Century.George P. Fletcher - 2001 - Theoretical Inquiries in Law 2 (1).
    The theoretical inquiry into the foundations of criminal law in the twentieth century, in both civil and common law traditions, is assayed by the consideration of seven main currents or trends. First, the structure of offenses is examined in light of the bipartite, tripartite, and quadripartite modes of analysis. Second, competing theories of culpability - normative and descriptive - are weighed in connection with their important ramifications for the presumption of proof and the allocation of the burden of persuasion on (...)
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  23.  6
    A Trial in Germany.George P. Fletcher - 1999 - Criminal Justice Ethics 18 (1):3-12.
  24.  15
    The Ongoing Soviet Debate About the Presumption of Innocence.George P. Fletcher - 1984 - Criminal Justice Ethics 3 (1):69-75.
  25.  14
    Rights and Excuses.George P. Fletcher - 1984 - Criminal Justice Ethics 3 (2):17-27.