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  1.  18
    Concordance & Conflict in Intuitions of Justice.Paul H. Robinson & Robert O. Kurzban - unknown
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  2. Structure and Function in Criminal Law.Paul H. Robinson - 1997 - Law and Philosophy 18 (1):85-104.
    Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample (...)
     
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  3.  2
    Structure and Function in Criminal Law.Paul H. Robinson - 1997 - Oxford University Press UK.
    Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample (...)
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  4.  13
    Does Criminal Law Deter? A Behavioural Science Investigation.Paul H. Robinson & John M. Darley - 2004 - Oxford Journal of Legal Studies 24 (2):173-205.
    Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a rational (...)
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  5.  30
    Justification Defenses in Situations of Unavoidable Uncertainty: A Reply to Professor Ferzan. [REVIEW]Paul H. Robinson - 2005 - Law and Philosophy 24 (6):775-784.
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  6.  11
    Criminal Law Scholarship: Three Illusions.Paul H. Robinson - 2001 - Theoretical Inquiries in Law 2 (1).
    The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a (...)
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  7.  6
    Prohibited Risks and Culpable Disregard or Inattentiveness: Challenge and Confusion in the Formulation of Risk-Creation Offenses.Paul H. Robinson - 2003 - Theoretical Inquiries in Law 4 (1).
    Because they track the Model Penal Code, current criminal law formulations of risk offenses typically fail to distinguish the rule of conduct question—What risks does the criminal law prohibit?—from the adjudication question — When is a particular violator’s conscious disregard of, or his inattentiveness to, a risk in a particular situation sufficiently condemnable to deserve criminal liability? Instead, the formulations address only the second question — through their definition of reckless and negligent culpability — and fail to provide a rule (...)
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  8.  19
    Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, and Survivors.Paul H. Robinson - unknown
    The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and (...)
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  9.  57
    Objectivist Versus Subjectivist Views of Criminality: A Study in the Role of Social Science in Criminal Law Theory.Paul H. Robinson & John M. Darley - 1998 - Oxford Journal of Legal Studies 18 (3):409-447.
    The authors use social science methodology to determine whether a doctrinal shift—from an objectivist view of criminality in the common law to a subjectivist view in modem criminal codes—is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the (...)
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  10.  5
    Strict Liability’s Criminogenic Effect.Paul H. Robinson - 2018 - Criminal Law and Philosophy 12 (3):411-426.
    It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments (...)
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  11. The Modern General Part: Three Illusions.Paul H. Robinson - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press.
     
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  12.  26
    The Role of Moral Philosophers in the Competition Between Deontological and Empirical Desert.Paul H. Robinson - unknown
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