33 found
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  1.  77
    Crime and Culpability: A Theory of Criminal Law.Larry Alexander, Kimberly Kessler Ferzan & Stephen J. Morse - 2009 - Cambridge University Press.
    This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...)
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  2.  67
    Justifying Self-Defense.Kimberly Kessler Ferzan - 2005 - Law and Philosophy 24 (6):711-749.
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  3.  54
    Provocateurs.Kimberly Kessler Ferzan - 2013 - Criminal Law and Philosophy 7 (3):597-622.
    When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...)
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  4.  24
    The Bluff: The Power of Insincere Actions.Kimberly Kessler Ferzan - 2017 - Legal Theory 23 (3):168-202.
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  5. “Moore or Less” Causation and Responsibility: Reviewing Michael S. Moore, Causation and Responsibility: An Essay in Law, Morals and Metaphysics.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (1):81-92.
  6.  11
    The Reach of the Realm.Kimberly Kessler Ferzan - 2020 - Criminal Law and Philosophy 14 (3):335-345.
    In The Realm of Criminal Law, Antony Duff argues that the criminal law’s realm is bounded by territory. This is because a polity decides what it cares about in crafting its civic home, and it extends its rules and hospitality to guests. I question whether the most normatively attractive conception of a Duffian polity would be bounded by territory, or whether it would exercise far more extensive jurisdiction over its citizens wherever in the world they may be and over harm (...)
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  7.  66
    Ferzander’s Surrebuttal.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (3):463-465.
  8.  39
    Preventive Justice and the Presumption of Innocence.Kimberly Kessler Ferzan - 2014 - Criminal Law and Philosophy 8 (2):505-525.
    When the state aims to prevent responsible and dangerous actors from harming its citizens, it must choose between criminal law and other preventive techniques. The state, however, appears to be caught in a Catch-22: using the criminal law raises concerns about whether early inchoate conduct is properly the target of punishment, whereas using the civil law raises concerns that the state is circumventing the procedural protections available to criminal defendants. Andrew Ashworth has levied the most serious charge against civil preventive (...)
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  9.  31
    Rethinking The Ends of Harm.Kimberly Kessler Ferzan - 2013 - Law and Philosophy 32 (2-3):177-198.
    In The Ends of Harm, Victor Tadros claims that the general justifying aim of the criminal law should be general deterrence. He also takes seriously that we cannot use people as a means, and thus he argues that we may only punish people in the name of general deterrence who have a ‘duty’ to suffer. Tadros claims that this duty arises as follows: An offender initially has a duty not to harm the victim. If the offender violates that duty, the (...)
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  10.  69
    Response to Critics.Larry Alexander & Kimberly Kessler Ferzan - 2010 - Law and Philosophy 29 (4):483-504.
  11. Justification and Excuse.Kimberly Kessler Ferzan - 2011 - In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
     
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  12.  14
    Punishment, Proportionality, and Aggregation.Kimberly Kessler Ferzan - 2021 - Criminal Law and Philosophy 15 (3):481-494.
    Criminal theorists struggle to account for the “totality principle”—the idea that no matter how many small crimes you commit, your punishment should not exceed that for a more serious offense. Andrew Ashworth, for instance, argues that “overall proportionality” should be preserved but that this is a “pragmatic” solution. This paper argues that a retributivist can accept overall proportionality without abandoning her retributivism. I offer two lines of defense. The first is to show that the unit that we are aggregating may (...)
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  13.  12
    The Morality of Defensive Force, by Jonathan Quong.Kimberly Kessler Ferzan - forthcoming - Mind.
    The Morality of Defensive Force, by QuongJonathan. New York, NY and Oxford: Oxford University Press, 2020. Pp. 217.
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  14.  51
    Iconoclasts? Who, Us? A Reply to Dolinko.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (2):281-287.
    Iconoclasts? Who, Us? A Reply to Dolinko Content Type Journal Article Category Original Paper Pages 1-7 DOI 10.1007/s11572-012-9143-3 Authors Larry Alexander, San Diego, CA, USA Kimberly Kessler Ferzan, Camden, NJ, USA Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.
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  15.  38
    How to Think About Rape.Kimberly Kessler Ferzan & Peter Westen - 2017 - Criminal Law and Philosophy 11 (4):759-800.
    From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing two (...)
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  16.  10
    Stand Your Ground.Kimberly Kessler Ferzan - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 731-749.
    This chapter examines the moral justifiability of “stand your ground” laws. First, it sets forth the parameters of self-defense as understood in the philosophical literature. Next, it focuses on the necessity limitation and questions whether this limitation can be defensibly weakened to accommodate SYG laws. Finding no comfort for SYG statutes in a weakened necessity limitation, the chapter turns to the proportionality constraint and examines approaches that increase the interests that may permissibly be defended as well as approaches that abandon (...)
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  17. Introduction.Larry Alexander & Kimberly Kessler Ferzan - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 1-9.
    This introduction to this handbook begins with the “big picture” questions about the relationship between morality and criminalization, in terms of both whether the law should reflect morality and how we should deal with uncertainty about what morality requires. From here, it turns to the wide-ranging criminalization questions presented by many of the entries, and it juxtaposes top-down and bottom-up strategies. It then draws connections between criminalization questions. Next, the introduction turns to the notions of responsible agency upon which just (...)
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  18.  11
    The Palgrave Handbook of Applied Ethics and the Criminal Law.Larry Alexander & Kimberly Kessler Ferzan (eds.) - 2019 - Springer Verlag.
    This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are (...)
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  19.  7
    Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore.Kimberly Kessler Ferzan & Stephen J. Morse (eds.) - 2016 - Oxford University Press UK.
    Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprised of essays by leading scholars, this volume discusses and challenges the work of (...)
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  20.  6
    Sarch, Alexander. Criminally Ignorant: Why the Law Pretends We Know What We Don’T. Oxford: Oxford University Press, 2019. Pp. 296. $90.00 (Cloth). [REVIEW]Kimberly Kessler Ferzan - 2020 - Ethics 131 (2):406-411.
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  21.  12
    Deontological Distinction in War.Kimberly Kessler Ferzan - 2019 - Ethics 129 (4):603-624.
    Adil Ahmad Haque argues that before attacking, combatants must reasonably believe that the target is a combatant and the gains must be sufficiently great so as to be in compliance with the doing/allowing distinction. I reformulate the threshold as preponderance of the evidence, because reliance on beliefs raises conceptual and pragmatic problems, and this balance appropriately considers the values that should be traded off, while bracketing aggregation of persons. I further argue that including doing/allowing above the threshold is impermissible double-counting, (...)
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  22. Editors’ Introduction.Kimberly Kessler Ferzan & Stephen J. Morse - 2016 - In Kimberly Kessler Ferzan & Stephen J. Morse (eds.), Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore. Oxford University Press UK.
    This brief festschrift introduction does not attempt to review and characterize Michael Moore’s extraordinary and influential immense body of scholarship at the intersections of law, morality, and metaphysics. This is done most ably by Heidi Hurd in the following chapter. Here we simply describe each of the contributions to this volume as they relate to the body of Moore’s work, virtually every aspect of which is addressed by the various authors. The introduction concludes with personal last words by the editors (...)
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  23.  2
    Dissent-Sensitive Permissions.Kimberly Kessler Ferzan - 2022 - Law and Philosophy 41 (2):397-418.
    What makes it permissible to reach out to hold someone’s hand on a first date, or to rub a friend’s back when she is crying? This paper, a contribution to the special issue on Doug Husak, argues that conventions, context, and relationships play a role in shifting normative boundaries, such that the default rule becomes that it is permissible to touch someone until she dissents. Part I of this paper focuses on convention-type cases, contrasting dates with the intentional touchings that (...)
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  24.  40
    Clarifying Consent: Peter Westen’s the Logic of Consent. [REVIEW]Kimberly Kessler Ferzan - 2005 - Law and Philosophy 25 (2):193-217.
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  25.  21
    Forword.Kimberly Kessler Ferzan - 2005 - Law and Philosophy 24 (6):547-555.
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  26.  25
    Introductions.Kimberly Kessler Ferzan & John F. K. Oberdiek - 2013 - Law and Philosophy 32 (1):1-1.
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  27.  20
    Torture, Necessity, and the Union of Law & Philosophy.Kimberly Kessler Ferzan - manuscript
    This brief essay critiques the torture memoranda's use of the necessity defense from the perspectives of criminal law doctrine, criminal law theory, and moral philosophy.
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  28.  28
    The Structure of Criminal Law.Kimberly Kessler Ferzan - 2009 - Criminal Justice Ethics 28 (2):223-237.
  29.  16
    Review: Some Sound and Fury From Kaplow and Shavell. [REVIEW]Kimberly Kessler Ferzan - 2004 - Law and Philosophy 23 (1):73-102.
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  30.  20
    Arson and the Special Part.Kimberly Kessler Ferzan - 2009 - Criminal Law and Philosophy 3 (1):97-101.
    This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes. Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.
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  31.  9
    Probing the Depths of the Responsible Corporate Officer’s Duty.Kimberly Kessler Ferzan - 2018 - Criminal Law and Philosophy 12 (3):455-469.
    Many criminal law scholars have criticized the responsible corporate officer doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the responsible corporate officer doctrine is just duty supplying, and does not allow for strict liability when the underlying statute requires mens rea. After analyzing Dotterweich, Park, and (...)
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  32.  29
    Some Sound and Fury From Kaplow and Shavell. [REVIEW]Kimberly Kessler Ferzan - 2004 - Law and Philosophy 23 (1):73 - 102.
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  33. Homicide.Kimberly Kessler Ferzan - 2013 - In Hugh LaFollette (ed.), The International Encyclopedia of Ethics. Wiley-Blackwell.
     
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