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Peter Westen [18]Peter K. Westen [1]
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  1.  63
    Consent Does Not Require Communication: A Reply to Dougherty.Larry Alexander, Heidi Hurd & Peter Westen - 2016 - Law and Philosophy 35 (6):655-660.
  2.  76
    The Concept of Equal Opportunity.Peter Westen - 1985 - Ethics 95 (4):837-850.
  3.  32
    An Attitudinal Theory of Excuse.Peter Westen - 2005 - Law and Philosophy 25 (3):289-375.
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  4.  64
    Individualizing the Reasonable Person in Criminal Law.Peter Westen - 2008 - Criminal Law and Philosophy 2 (2):137-162.
    Criminal law commonly requires judges and juries to decide whether defendants acted reasonably. Nevertheless, issues of reasonableness fall into two distinct categories: (1) where reasonableness concerns events and states, including risks of which an actor is conscious, that can be justly assessed without regard to the actor’s individual traits, and (2) where reasonableness concerns culpable mental states and emotions that cannot justly be assessed without reference to the actor’s capacities. This distinction is significant because, while the reasonable person by which (...)
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  5.  26
    Speaking of Equality: An Analysis of the Rhetorical Force of "Equality" in Moral and Legal Discourse. [REVIEW]Peter WESTEN - 1990 - Ethics 102 (4):869-871.
  6.  19
    Impossibility Attempts: A Speculative Thesis.Peter K. Westen - manuscript
    Courts and commentators have struggled for years to identify rules to explain and justify certain widely-shared intuitions about impossibility attempts, and they have proposed rules variously based upon (1) what mistakes actors make, (2) what intentions actors possess, and (3) what conduct actors perform. None of the proposals fully succeeds, however, and none is able to explain the widely-shared intuition, which underlies Sandy Kadish's inventive hypothetical regarding Mr. Law and Mr. Fact, that some attempts based upon mistakes of law are (...)
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  7.  47
    Two Rules of Legality in Criminal Law.Peter Westen - 2006 - Law and Philosophy 26 (3):229-305.
    Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe that both (...)
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  8.  82
    Why Criminal Harms Matter: Plato’s Abiding Insight in the Laws. [REVIEW]Peter Westen - 2007 - Criminal Law and Philosophy 1 (3):307-326.
    Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard of (...)
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  9.  6
    Offences and Defences Again.Peter Westen - 2008 - Oxford Journal of Legal Studies 28 (3):563-584.
  10.  22
    Speaking of Equality.Peter Westen - 1992 - Law and Philosophy 11 (3):283-290.
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  11.  46
    The Significance of Transferred Intent.Peter Westen - 2013 - Criminal Law and Philosophy 7 (2):321-350.
    The doctrine of transferred intent (or transferred “malice” in England) generally provides that if A attempts to harm B but, because of bad aim, misses and accidentally causes the same harm to befall C, A’s harmful intent vis-à-vis B is transferred to C, thus rendering A guilty of intentionally harming C. Commentators acknowledge the doctrine to be a legal fiction, but they differ regarding whether the fiction produces just results, some believing it does, others believing that A is guilty at (...)
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  12.  57
    Getting the Fly Out of the Bottle: The False Problem of Free Will and Determinism.Peter Westen - 2005 - Buffalo Criminal Law Review 8:101-54.
  13.  38
    How to Think About Rape.Kimberly Kessler Ferzan & Peter Westen - 2017 - Criminal Law and Philosophy 11 (4):759-800.
    From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing two (...)
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  14.  2
    Blackmail: A Crime of Paradox and Irony.Peter Westen - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 119-144.
    Legal scholars have tended to focus upon whether blackmail is paradoxical rather than upon its substance. In actuality, federal and state blackmail laws vary considerably in their elements and defenses. After defining what I mean by blackmail, I discuss how jurisdictions frame prohibitions against blackmail in relation to prohibitions against theft, larceny, extortion, threats, coercion and intimidation; how extensively jurisdictions elect to prohibit blackmail; what, if anything, jurisdictions regard as defenses to blackmail; and how harshly or mildly jurisdictions penalize blackmail. (...)
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  15.  16
    Comment on Montague's "Rights and Duties of Compensation".Peter Westen - 1985 - Philosophy and Public Affairs 14 (4):385-389.
  16.  8
    Is Intent Constitutive of Wrongdoing?Peter Westen - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. pp. 193.
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  17.  22
    Resulting Harms and Objective Risks as Constraints on Punishment.Peter Westen - 2010 - Law and Philosophy 29 (4):401-418.
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  18. The Concept of Equal Opportunity.Peter Westen - 1997 - In Louis P. Pojman & Robert Westmoreland (eds.), Equality: Selected Readings. Oup Usa.
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  19.  13
    The Ontological Problem of Risk and Endangerment in Criminal Law.Peter Westen - 2011 - In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. pp. 304--327.
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