Different cultures, different lenses -- Various approaches to risk in the legal system -- Institutional background -- Regulation -- Tort law generally -- Information about risk and assumption of risk -- Medical malocurrences -- The duty/proximite cause problem -- Scientific evidence -- Tort reform -- Statutory compensation systems.

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

In response to Miranda Fricker's advocacy of a virtue of ‘reflexive critical openness’, I emphasise the importance of other virtues, such as loyalty, in evaluating an agent's response to testimony, and I query Fricker's claim that in certain circumstances agents can lack a means to correct their faulty evaluations of another's testimony.

Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must (...) include a responsibility to report one’s own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law’s enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen’s arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to ‘take the law into their own hands’? (shrink)

The idea that crimes can usefully be understood as ‘public wrongs’, and that this can generate a plausible principle of criminalisation, has found some support in recent years; it has also been subjected to some sharp criticism. This paper aims to sketch the most plausible version of that idea, and to show how, once properly explained, it is not vulnerable to those criticisms. After a brief defence of the negative principle, that we may not criminalise conduct that does not constitute (...) a public wrong, it explains the positive principle, that we have reason to criminalise conduct if it constitutes a public wrong, by drawing an analogy between criminal law and codes of professional ethics, and by appealing to the idea of civil order, as the normative structure of a polity—a structure that criminal law helps both to constitute and to sustain. Four objections are then met: that this account implies an unacceptable relativism; that it distorts the reasons that bear on criminalisation; that it cannot make room for those who do not identify themselves with the polity in which they live; and that it implies an unrealistically demanding conception of what is required for a polity to exist. (shrink)

Some have argued that a proper account of prostitution shows it to be a morally neutral, commercial service ‘like any other’. This paper explores further the implications of this ‘service’ model and argues that it depends upon a weak conception of the kind of sex involved in such a practice and involves the objectification of both prostitute and customer. I argue that there is a moral view of sex which is not merely ‘romantic’, from which it is still possible to (...) view prostitution as morally objectionable; but that, nevertheless, this perspective itself may provide for a development of the idea of a service which would justify a limited practice of prostitution. Such a practice would, however, be very different from that which supporters of the putatively morally neutral model of prostitution have in mind and would depend for its plausibility on a comparison with other forms of caring for which payment is given. (shrink)

(No abstract is available for this citation).

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The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.