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  1.  79
    Victimless Conduct and the Volenti Maxim: How Consent Works. [REVIEW]Michelle Madden Dempsey - 2013 - Criminal Law and Philosophy 7 (1):11-27.
    This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission . When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting person. (...)
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  2.  64
    Applied Political and Legal Philosophy.Michelle Madden Dempsey & Matthew J. Lister - 2017 - In Kimberley Brownlee, Tony Coady & Kasper Lippert-Rasmussen (eds.), The Blackwell Companion to Applied Philosophy. Oxford: Wiley-Blackwell. pp. 313-327.
    This chapter examines three approaches to applied political and legal philosophy: Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy directly addressed to policy-makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily (...)
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  3.  14
    Coercion, Consent, and Time.Michelle Madden Dempsey - 2021 - Ethics 131 (2):345-368.
    This article sets out a framework for distinguishing three kinds of norms governing past sexual conduct and our responses to it: wrongfulness norms, excusability norms, and accountability norm...
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  4. How to Argue About Prostitution.Michelle Madden Dempsey - 2012 - Criminal Law and Philosophy 6 (1):65-80.
    This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010 ) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical method as one (amongst other) valuable ways to argue about prostitution.
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  5.  10
    Introduction.Michelle Madden Dempsey & Tom Dougherty - 2020 - Ethics 131 (2):207-209.
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  6.  14
    John Gardner, in memoriam.Michelle Madden Dempsey - 2020 - Criminal Law and Philosophy 14 (1):3-4.
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  7.  11
    Prostitution.Michelle Madden Dempsey - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 599-622.
    This chapter examines applied ethics regarding prostitution and criminalization. It proceeds in three parts. Part one examines different ways of defining prostitution, part two reviews five objections to prostitution that have framed standard debates regarding criminalization, and part three examines issues that have arisen in ethical debates regarding prostitution and criminalization in recent decades. Along the way, the chapter illustrates the extent to which debates in applied ethics regarding the criminalization of prostitution depend in large part on what prostitution is (...)
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  8.  1
    Punishment and Coherence.Michelle Madden Dempsey - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1).
  9.  20
    Processes of Criminalization in Domestic and International Law: Considering Sexual Violence.Michelle Madden Dempsey - 2018 - Criminal Law and Philosophy 12 (4):641-656.
    This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic (...)
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  10.  19
    Reasons for Punishment: A Study in Philosophical Translation.Michelle Madden Dempsey - 2020 - Criminal Law and Philosophy 14 (2):189-201.
    This article is a contribution to a symposium on Kit Wellman’s intriguing monograph, Rights Forfeiture and Punishment. Primarily, the article grapples with Wellman’s claims regarding the moral permissibility of sadistic punishment. The metaphor of “philosophical languages” is employed throughout, to compare Wellman’s use of rights-forfeiture discourse to an approach that is grounded in practical-reasons discourse. This study in philosophical translation allows us to reassess and critique Wellman’s conclusions regarding the moral permissibility of sadistic punishment. On one level, the article is (...)
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  11.  6
    Response to Commentators.Michelle Madden Dempsey - 2014 - Criminal Law and Philosophy 8 (3):557-567.
    I am grateful to Criminal Law & Philosophy for organizing this symposium on my book, Prosecuting Domestic Violence: A Philosophical Analysis (OUP 2009)—and am especially indebted to Professors Kinports and Cowan for their careful, generous, and challenging engagements with my arguments. I am relieved to find that Professors Kinports and Cowan are mostly positive in their evaluation of the book’s merits and delighted to find their critical reflections have offered me the opportunity to think more deeply about the project I (...)
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  12.  6
    The Public Realms: On How to Think About Public Wrongs.Michelle Madden Dempsey - 2019 - Law, Ethics and Philosophy 7.
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