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  1. Vice is Nice But Incest is Best: The Problem of a Moral Taboo.Vera Bergelson - 2013 - Criminal Law and Philosophy 7 (1):43-59.
    Incest is a crime in most societies. In the United States, incest is punishable in almost every state with sentences going as far as 20 and 30 years in prison, and even a life sentence. Yet the reasons traditionally proffered in justification of criminalization of incest—respecting religion and universal tradition; avoiding genetic abnormalities; protecting the family unit; preventing sexual abuse and sexual imposition; and precluding immorality—at a close examination, reveal their under- and over-inclusiveness, inconsistency or outright inadequacy. It appears that (...)
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  2.  12
    Does Fault Matter?Vera Bergelson - 2018 - Criminal Law and Philosophy 12 (3):375-392.
    In this article, I try to go beyond the traditional objections to strict liability public welfare offenses and confront other possible justifications for punishing non-culpable conduct. Specifically, I consider the following arguments:Penalties for public welfare offenses are punishment by name only, thus traditional justifications for punishment are not needed;Even if those penalties are punishment, punishing those who produce or threaten significant harm to others is not necessarily unjust; andEven if such punishment is not entirely just, it is consistent with other (...)
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  3.  37
    Choice of Evils: In Search of a Viable Rationale.Vera Bergelson - 2012 - Criminal Law and Philosophy 6 (3):289-305.
    The defense of necessity, also known as the “choice of evils,” reflects popular moral intuitions and common sense: sometimes, breaking the rules is the right—indeed, the only—thing to do in order to avoid a greater evil. Citing a classic example, mountain climbers may break into a cabin to wait out a deadly snow storm and appropriate the owner’s provisions because their property violations are a lesser evil compared to the loss of life. At the same time, this defense contradicts the (...)
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  4.  46
    The Case of Weak Will and Wayward Desire.Vera Bergelson - 2009 - Criminal Law and Philosophy 3 (1):19-28.
    In this article, I confront Garvey’s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime. I attempt to refute Garvey’s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come (...)
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  5.  51
    R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo, and Victor Tadros: The Boundaries of the CriminalLaw: Oxford University Press, Oxford, 2010, 267 Pp, ISBN: 978-0199600557. [REVIEW]Vera Bergelson - 2013 - Criminal Law and Philosophy 7 (2):383-387.
  6. R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo, and Victor Tadros: The Boundaries of the CriminalLaw: Oxford University Press, Oxford, 2010, 267 Pp, ISBN: 978-0199600557. [REVIEW]Vera Bergelson - 2013 - Criminal Law and Philosophy 7 (2):383-387.
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  7.  37
    The Duty to Protect the Victim – Or the Duty to Suffer Punishment?Vera Bergelson - 2013 - Law and Philosophy 32 (2-3):199-215.
    This paper addresses The Ends of Harm by Victor Tadros. In it, I attempted to explore some of the implications of Tadros’s theory of punishment, particularly those following from the uneasy relationship between punishment of the offender and D’s duty to protect the victim from future harm. Among my concerns were: the apparent underinclusiveness of Tadros’s theory of punishment; the vague and unpredictable scope of D’s liabilities; the taking away by the state of V’s right to be protected; and the (...)
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