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Malcolm Thorburn
Queen's University
  1. Criminal law as public law.Malcolm Thorburn - 2011 - In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. pp. 21--43.
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    Emphasising an Embodied Phenomenological Sense of the Self and the Social in Education.Malcolm Thorburn & Steven A. Stolz - 2021 - British Journal of Educational Studies 69 (3):365-380.
    This paper reviews the theoretical underpinnings of phenomenology-related writings which support claims that the self and the social (the ‘I’ and the ‘We’) can plausibly be integrated and nurtured together in education. We begin by analysing contemporary theorising which suggests that reviewing foundational phenomenologists, particularly Husserl and Merleau-Ponty, can lead to greater clarity in understanding and appreciating the intersubjective sense of the self and the social. This perspective is aided by reviewing the reciprocal connections which take place during human action, (...)
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    Calling Antony Duff to Account: Rowan Cruft, Mathew H. Kramer, Mark R. Reiff : Crime, Punishment and Responsibility: The Jurisprudence of Antony Duff, Oxford, Oxford University Press, 2012.Malcolm Thorburn - 2015 - Criminal Law and Philosophy 9 (4):737-751.
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    Philosophical Foundations of Constitutional Law.David Dyzenhaus & Malcolm Thorburn (eds.) - 2016 - Oxford, United Kingdom: Oxford University Press UK.
    Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what (...)
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  5. Proportionality.Malcolm Thorburn - 2016 - In David Dyzenhaus & Malcolm Thorburn (eds.), Philosophical Foundations of Constitutional Law. Oxford University Press UK.
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    Cultivating Practical Wisdom as Education.Aaron Marshall & Malcolm Thorburn - 2014 - Educational Philosophy and Theory 46 (14):1-13.
    This article argues, from a critical realist perspective, that it would be beneficial to extend thinking on how personal and social education could become more central to students’ learning. We explore how constructive-informed arrangements which emphasize cognitive skills and affective qualities could be realized through experiential approaches to learning. Our theorizing is informed by neo-Aristotelian thinking on the importance of identifying mutually acceptable value commitments which can cultivate practical wisdom as well as generally benefit society. Thereafter, we outline how the (...)
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  7. Two conceptions of equality before the (criminal) law.Malcolm Thorburn - 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.
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    The Constitution of Criminal Law: Justifications, Policing and the State’s Fiduciary Duties. [REVIEW]Malcolm Thorburn - 2011 - Criminal Law and Philosophy 5 (3):259-276.
    This paper, originally written for a conference on criminal law in times of emergency, considers the implications of the ‘German Airliner case’ for criminal law theory. In that case, the German constitutional court struck down as unconstitutional a law empowering state officials to order the shooting down of a hijacked plane on the grounds that the state could not order the killing of innocent civilians. Some have argued that despite this ruling, individual officials should still be entitled to claim a (...)
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  9. Public institutions without public offices : Beccaria's use of political theory in the reform of criminal justice.Malcolm Thorburn - 2022 - In Antje Du Bois-Pedain & Shaḥar Eldar (eds.), Re-Reading Beccaria: On the Contemporary Significance of a Penal Classic. Hart.
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    Reconstructing Dewey: Habit, Embodiment and Health and Well-Being.Malcolm Thorburn - 2018 - British Journal of Educational Studies 66 (3):307-319.
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    Soldiers as Public Officials: A Moral Justification for Combatant Immunity.Malcolm Thorburn - 2019 - Ratio Juris 32 (4):395-414.
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    Intelligence, Practice and Virtue: A Critical Review of the Educational Benefits of Expertise in Physical Education and Sport.Malcolm Thorburn - 2017 - Sport, Ethics and Philosophy 11 (4):453-463.
    The paper calls for a re-evaluation of physical education’s cognitive value claims, as this issue is fundamental to many of the conceptual difficulties the subject faces. Current epistemological challenges are reviewed before analysing the structural connections between intelligent practice and intelligent virtues, and the possibilities for physical education to better articulate its’ intrinsic and instrumental values claims. The paper evaluates arguments made on this basis and reviews revised curriculum planning and pedagogical practices, which could support an enhanced focus on learners’ (...)
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