38 found
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  1.  77
    Not Just Deserts: A Republican Theory of Criminal Justice.Nicola Lacey - 1991 - Philosophical Quarterly 41 (164):374.
    A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...)
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  2.  43
    From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame Into the Legal Realm.Nicola Lacey & Hanna Pickard - 2013 - Oxford Journal of Legal Studies 33 (1):1-29.
    Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in (...)
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  3.  45
    Punishment, Communication and Community.Nicola Lacey - 2002 - Mind 111 (442):392-396.
  4.  54
    To Blame or to Forgive? Reconciling Punishment and Forgiveness in Criminal Justice.Nicola Lacey & Hanna Pickard - 2015 - Oxford Journal of Legal Studies 35 (4):665-696.
    What do you do when faced with wrongdoing—do you blame or do you forgive? Especially when confronted with offences that lie on the more severe end of the spectrum and cause terrible psychological or physical trauma or death, nothing can feel more natural than blame. Indeed, in the UK and the USA, increasingly vehement and righteous public expressions of blame and calls for vengeance have become commonplace; correspondingly, contemporary penal philosophy has witnessed a resurgence of the retributive tradition, in the (...)
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  5.  29
    A Dual‐Process Approach to Criminal Law: Victims and the Clinical Model of Responsibility Without Blame.Nicola Lacey & Hanna Pickard - 2019 - Journal of Political Philosophy 27 (2):229-251.
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  6. State Punishment: Political Principles and Community Values.Nicola Lacey - 1990 - Mind 99 (393):142-144.
     
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  7.  1
    In Search of Criminal Responsibility: Ideas, Interests, and Institutions.Nicola Lacey - 2016 - Oxford University Press UK.
    What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, (...)
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  8.  18
    Approaching or Re-thinking the Realm of Criminal Law?Nicola Lacey - 2020 - Criminal Law and Philosophy 14 (3):307-318.
    In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes and two fine monographs by Farmer and Tadros. It will shape the field for decades to come; and it has (...)
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  9.  50
    State Punishment.Nicola Lacey - 1994 - Routledge.
    Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
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  10.  22
    Institutionalising Responsibility: Implications for Jurisprudence.Nicola Lacey - 2013 - Jurisprudence 4 (1):1-19.
    In this paper, the author suggest that the historical and institutional conditions of existence of the concepts which animate legal argumentation – like the historical and institutional conditions of existence of certain forms of law – are of interest not only in their own right, but also because they raise methodological issues for jurisprudence. These include questions about the relationship between concepts and the social phenomena which they purport to categorise; about the relationship between philosophical and other forms of legal (...)
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  11.  2
    A Life of H. L. A. Hart: The Nightmare and the Noble Dream.Nicola Lacey - 2004 - Oxford University Press.
    To generations of lawyers, H. L. A. Hart is known as the twentieth century's greatest legal philosopher. Whilst his scholarship revolutionized the study of law, as a social commentator he gave intellectual impetus to the liberalizing of society in the 1960s. But behind his public success, Hart struggled with demons. His Jewish background, ambivalent sexuality, and unconventional marriage all fuelled his psychological complexity; allegations of espionage, though immediately quashed, nearly destroyed him. Nicola Lacey s biography explores the forces that shaped (...)
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  12.  53
    Space, Time and Function: Intersecting Principles of Responsibility Across the Terrain of Criminal Justice. [REVIEW]Nicola Lacey - 2007 - Criminal Law and Philosophy 1 (3):233-250.
    This paper considers the interpretive significance of the intersecting relationships between different conceptions of responsibility as they shift over space and time. The paper falls into two main sections. The first gives an account of several conceptions of responsibility: two conceptions founded in ideas of capacity; two founded in ideas of character, and one founded in the relationship between an agent and the outcome which she causes. The second main section uses this differentiated conceptual account to analyse and interpret certain (...)
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  13.  7
    Periodisation, Pluralism and Punishment.Nicola Lacey - 2019 - Jurisprudence 10 (1):85-90.
    Volume 10, Issue 1, March 2019, Page 85-90.
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  14.  64
    Psychologising Jekyll, Demonising Hyde: The Strange Case of Criminal Responsibility. [REVIEW]Nicola Lacey - 2010 - Criminal Law and Philosophy 4 (2):109-133.
    This paper puts the famous story of Jekyll and Hyde to work for a specific analytic purpose. The question of responsibility for crime, complicated by the divided subjectivity implicit in Mr. Hyde’s appearance, and illuminated by Robert Louis Stevenson’s grasp of contemporary psychiatric, evolutionary and medical thought as promising new technologies for effecting a distinction between criminality and innocence, is key to the interest of the story. I argue that Jekyll and Hyde serves as a powerful metaphor both for specifically (...)
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  15.  46
    Responsibility and Modernity in Criminal Law.Nicola Lacey - 2001 - Journal of Political Philosophy 9 (3):249–276.
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  16.  41
    Feminist Legal Theory.Nicola Lacey - 1989 - Oxford Journal of Legal Studies 9 (3):383-394.
  17.  26
    Responsibility Without Consciousness.Nicola Lacey - 2016 - Oxford Journal of Legal Studies 36 (2):219-241.
    This paper addresses the relationship between responsibility and consciousness, in the light of both H.L.A. Hart’s and subsequent philosophical analysis. First, is consciousness necessary to responsibility-attribution? If so, how demanding a requirement is this? And does it make sense to pose these questions in the abstract? Second, when we move from the realm of moral argumentation to that of law, are there additional factors – institutional, functional, practical or otherwise – which alter the weight or implications of the argument? Third, (...)
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  18.  12
    Abstraction in Context.Nicola Lacey - 1994 - Oxford Journal of Legal Studies 14 (2):255-267.
  19.  8
    Contingency, Coherence, and Conceptualism.Nicola Lacey - 1998 - In Antony Duff (ed.), Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press. pp. 9.
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  20. Intro Jurisprudenc Legal Theory.Anne Barron, Hugh Collins, Emily Jackson, Nicola Lacey, Robert Reiner, Hamish Ross & Gunther Teubner - 2002 - Oxford University Press UK.
    This book provides an accessible introduction to jurisprudence and legal theory. It sets out a course of study that offers a highly effective series of introductions into a wide variety of theories and theoretical perspectives, from traditional approaches such as Natural Law to modern ones such as Feminist Theory, Economic Analysis of Law and Foucault and Law, The book is designed for students of jurisprudence and legal theory, but it will also assist those studying law and legal systems within courses (...)
     
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  21.  33
    Alexander , Larry , and Ferzan , Kimberly Kessler , with Morse , Stephen . Crime and Culpability: A Theory of Criminal Law .Cambridge: Cambridge University Press, 2009. Pp. 372. $91.00 (Cloth). [REVIEW]Nicola Lacey - 2011 - Ethics 121 (3):633-637.
  22. A Life of H. L. A. Hart: The Nightmare and the Noble Dream.Nicola Lacey - 2004 - Oxford University Press.
    Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and at M15 (...)
     
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  23. A Life of H. L. A. Hart: The Nightmare and the Noble Dream.Nicola Lacey - 2004 - Oxford University Press UK.
    Shortlisted for the 2005 British Academy Book prize, Nicola Lacey's entrancing biography recounts the life of H.L.A. Hart, the pre-eminent legal philosopher of the twentieth century. Following Hart's life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era, the book traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, from government intelligence officer to Professor of Jurisprudence, from awkward batchelor to family figurehead. (...)
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  24. Community, Culture, and Criminalization.Nicola Lacey - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press.
     
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  25. Crime, Responsibility and Institutional Design.Nicola Lacey - 2007 - In Michael Smith, Robert Goodin & Geoffrey Geoffrey (eds.), Common Minds. Oxford University Press. pp. 182.
  26. Crime, Responsibility and Institutional Design.Nicola Lacey - 2007 - In Geoffrey Brennan, Robert Goodin, Frank Jackson & Michael Smith (eds.), Common Minds: Themes From the Philosophy of Philip Pettit. Clarendon Press.
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  27.  26
    From Moll Flanders to Tess of the D'Urbervilles: Women, Autonomy and Criminal Responsibility in Eighteenth and Nineteenth Century England.Nicola Lacey - manuscript
    In the early 18th Century, Daniel Defoe found it natural to write a novel whose heroine was a sexually adventurous, socially marginal property offender. Only half a century later, this would have been next to unthinkable. In this paper, the disappearance of Moll Flanders, and her supercession in the annals of literary female offenders by heroines like Tess of the d'Urbervilles, serves as a metaphor for fundamental changes in ideas of selfhood, gender and social order in 18th and 19th Century (...)
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  28. Mapping modernities.Nicola Lacey - 1994 - Law and Critique 5 (2):209-218.
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  29. Philip Leith & Peter Ingram : "The Jurisprudence of Orthodoxy: Queen's University Essays on H. L. A. Hart". [REVIEW]Nicola Lacey - 1989 - Journal of Applied Philosophy 6 (1):119.
     
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  30.  5
    Rechtswissenschaft, Geschichte und die institutionelle Natur des Rechts.Nicola Lacey - 2016 - Deutsche Zeitschrift für Philosophie 64 (2):258-272.
    Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 64 Heft: 2 Seiten: 258-272.
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  31. State Punishment.Nicola Lacey - 1994 - Routledge.
    Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
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  32. State Punishment.Nicola Lacey - 1990 - Philosophy 65 (252):239-241.
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  33.  90
    The Epistemological Foundations of Artificial Agents.Nicola Lacey & M. Lee - 2003 - Minds and Machines 13 (3):339-365.
    A situated agent is one which operates within an environment. In most cases, the environment in which the agent exists will be more complex than the agent itself. This means that an agent, human or artificial, which wishes to carry out non-trivial operations in its environment must use techniques which allow an unbounded world to be represented within a cognitively bounded agent. We present a brief description of some important theories within the fields of epistemology and metaphysics. We then discuss (...)
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  34.  20
    The Limits of Blame, by Erin I. Kelly.Nicola Lacey - 2019 - Mind 129 (516):1337-13348.
    The Limits of Blame, by KellyErin I. Cambridge, MA: Harvard University Press, 2018. Pp. 221.
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  35. The Path Not Taken: H.L.A. Hart’s Harvard Essay on Discretion.Nicola Lacey - 2013 - Harvard Law Review 127 (2):636-651.
    In this brief introduction, I shall rather reflect, from a biographer’s viewpoint, on the significance of Discretion for our understanding of the trajectory of Hart’s ideas and on the significance of his year at Harvard. I shall then move on to consider the intriguing question of why Hart did not subsequently publish or build on some of the key insights in the paper itself. Here I highlight the fact that, almost uniquely in Hart’s work, Discretion features a notable emphasis on (...)
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  36.  17
    The Territory of the Criminal Law.Nicola Lacey - 1985 - Oxford Journal of Legal Studies 5 (3):453-462.
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  37.  21
    Why Standing to Blame May Be Lost but Authority to Hold Accountable Retained: Criminal Law as a Regulative Public Institution.Nicola Lacey & Hanna Pickard - 2021 - The Monist 104 (2):265-280.
    Moral and legal philosophy are too entangled: moral philosophy is prone to model interpersonal moral relationships on a juridical image, and legal philosophy often proceeds as if the criminal law is an institutional reflection of juridically imagined interpersonal moral relationships. This article challenges this alignment and in so doing argues that the function of the criminal law lies not fundamentally in moral blame, but in regulation of harmful conduct. The upshot is that, in contrast to interpersonal relationships, the criminal law (...)
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  38.  50
    Response to Norrie and Tadros.Nicola Lacey - 2007 - Criminal Law and Philosophy 1 (3):267-269.