18 found
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  1. The Limits of the Harm Principle.Hamish Stewart - 2010 - Criminal Law and Philosophy 4 (1):17-35.
    The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a wide range (...)
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  2.  60
    The Right to Be Presumed Innocent.Hamish Stewart - 2014 - Criminal Law and Philosophy 8 (2):407-420.
    The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...)
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  3.  4
    A Juridical Right to Lie.Hamish Stewart - 2019 - Kantian Review 24 (3):465-481.
    Kant’s essay ‘On a Supposed Right to Lie from Philanthropy’ claims that everyone has an unconditional duty of right not to lie under any circumstances. This claim creates a conflict within the doctrine of right because Kant also claims that each of us is under an unconditional duty of right to obey the positive law in force in the civil condition in all circumstances. In Kant’s specific example, truthfulness would violate the positive law because it would make the speaker an (...)
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  4.  38
    A Critique of Instrumental Reason in Economics.Hamish Stewart - 1995 - Economics and Philosophy 11 (1):57.
    There are, broadly speaking, two ways to think about rationality, as defined in the following passage: ‘Reason’ for a long time meant the activity of understanding and assimilating the eternal ideas which were to function as goals for men. Today, on the contrary, it is not only the business but the essential work of reason to find means for the goals one adopts at any given time. To use what Horkheimer called objective reason, and what others have called expressive or (...)
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  5. The Limits of Consent and the Law of Assault.Hamish Stewart - 2011 - Canadian Journal of Law and Jurisprudence 24 (1):205-223.
    In this paper, I show that a Kantian account can explain both the rule that consent is normally a defence to assault and the exceptions to that rule. Kant himself does not discuss the offence of assault, but the body – the manifestation of the person in space and time – is central to Kant’s account of each person’s innate right of humanity. Since Kant’s legal philosophy is oriented around the idea that each limit on freedom of action can be (...)
     
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  6.  33
    The Wrong of Mass Punishment.Hamish Stewart - 2018 - Criminal Law and Philosophy 12 (1):45-57.
    The increase in incarceration of offenders in the United States over the last 40 years has created a system of mass incarceration or mass punishment. While consequentialist theories of punishment may generate considerable doubts about the value of this system, it seems that retributive theories of punishment lack the resources to criticize mass punishment. Because of their focus on individual desert, it seems that they can say nothing about punishment in the aggregate. Nevertheless, there are good reasons for a certain (...)
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  7.  22
    The Law of Damages and the Prisoners' Dilemma: A Comment on ‘Pure and Utilitarian Prisoners' Dilemmas’: Hamish Stewart.Hamish Stewart - 1997 - Economics and Philosophy 13 (2):231-240.
    Kuhn and Moresi have proposed a useful taxonomy for classifying prisoners' dilemmas. This comment is concerned with K&M's observation that legal penalties for defection can transform PDs into cooperative games, and their argument that the role of the law may vary depending on how the PD is classified by their taxonomy. The purpose of this note is to support K&M's analysis by demonstrating that the law of damages, as understood by economic analysis, already performs the function that K&M assign to (...)
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  8.  3
    A Critique Of Instrumental Reason In Economics.Hamish Stewart - 1994 - Economics and Philosophy 10 (2):57-83.
    There are, broadly speaking, two ways to think about rationality, as defined in the following passage: ‘Reason’ for a long time meant the activity of understanding and assimilating the eternal ideas which were to function as goals for men. Today, on the contrary, it is not only the business but the essential work of reason to find means for the goals one adopts at any given time. To use what Horkheimer called objective reason, and what others have called expressive or (...)
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  9. Law as Politics? Law as Justice?David Dyzenhaus, Brian Langille & Hamish Stewart - 1998 - Faculty of Law, University of Toronto.
     
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  10.  40
    Criminal Punishment as Private Morality: Victor Tadros’s The Ends of Harm. [REVIEW]Hamish Stewart - 2015 - Criminal Law and Philosophy 9 (1):21-35.
    IntroductionAll states routinely inflict punishment, often quite harsh punishment, for criminal offences committed by persons who are subject to their laws; but it is remarkably difficult to provide a satisfactory normative justification for this practice.This paper is a review essay of Tadros . References to the book will be by way of parentheses in the text. Non-consequentialist accounts, such as retributivism, can readily explain why some kinds of wrongs are punishable, but find it difficult to accommodate the intuition that deterrence (...)
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  11.  3
    Alan Brudner and the Contemporary Significance of Hegel's Philosophy of Law. [REVIEW]Alan Brudner, Hamish Stewart, Dudley Knowles, Alon Harel & Tony Burns - 2012 - Jurisprudence 3 (1):211-251.
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  12.  17
    The Definition of a Right.Hamish Stewart - 2012 - Jurisprudence 3 (2):319-339.
    Some version of the will theory and the interest theory of rights attempt to provide a precise and normatively neutral definition of a right that would be useful in substantive normative debates and that corresponds reasonably well with usage in our political and legal culture. But there is an irresolvable tension in this project. Consistent application of a definition of a right cannot plausible track ordinary usage without invoking underlying normative propositions about the justifications for granting rights. Thus, definitional approaches (...)
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  13.  12
    Economics and Power, Randall Bartlett. Cambridge: Cambridge University Press, 1989, Xii + 209 Pages. [REVIEW]Hamish Stewart - 1993 - Economics and Philosophy 9 (1):190.
  14.  6
    The Normative Structure of Criminal Law: Moral or Political?Hamish Stewart - 2015 - Criminal Law and Philosophy 9 (4):719-725.
  15.  4
    No Title Available: Reviews.Hamish Stewart - 1993 - Economics and Philosophy 9 (1):190-195.
  16.  5
    Book Review:The Moral Dimension: Toward a New Economics. Amitai Etzioni. [REVIEW]Hamish Stewart - 1990 - Ethics 101 (1):205-.
  17. Law and Politics.David Dyzenhaus, Brian Langille & Hamish Stewart - 1993 - Faculty of Law, University of Toronto.
     
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  18. The Law of Evidence and the Protection of Rights.Hamish Stewart - 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.