27 found
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  1.  91
    The Ends of Harm: The Moral Foundations of Criminal Law.Victor Tadros - 2011 - Oxford University Press.
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
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  2. Criminal Responsibility.Victor Tadros - 2005 - Oxford University Press.
    This book provides a systematic, philosophically informed account of criminal responsibility. It begins by providing a general account of criminal responsibility based on the relationship between the action that the defendent has performed and their character. It then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.
     
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  3.  87
    Poverty and Criminal Responsibility.Victor Tadros - 2009 - Journal of Value Inquiry 43 (3):391-413.
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  4.  21
    Permissibility in a World of Wrongdoing.Victor Tadros - 2016 - Philosophy and Public Affairs 44 (2):101-132.
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  5. Rethinking the Presumption of Innocence.Victor Tadros - 2007 - Criminal Law and Philosophy 1 (2):193-213.
    This article is concerned with what constitutes interference with the presumption of innocence and what justifications there might be for such interference. It provides a defence of a theory of the presumption of innocence that suggests that the right is interfered with if the offence warrants conviction of defendants who are not the intended target of the offence. This thesis is defended against two alternative theories. It then considers what might justify interference with the presumption of innocence. It explores the (...)
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  6.  48
    Unjust Wars Worth Fighting For.Victor Tadros - 2016 - Journal of Practical Ethics 4 (1).
    I argue that people are sometimes justified in participating in unjust wars. I consider a range of reasons why war might be unjust, including the cause which it is fought for, whether it is proportionate, and whether it wrongly uses resources that could help others in dire need. These considerations sometimes make fighting in the war unjust, but sometimes not. In developing these claims, I focus especially on the 2003 Iraq war.
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  7.  17
    Doing Without Desert.Victor Tadros - forthcoming - Criminal Law and Philosophy:1-12.
    This paper examines Derk Pereboom’s argument against punishment on deterrent grounds in his recent book Free Will, Agency, and Meaning in Life. It suggests that Pereboom’s argument against basic desert has not been shown to extend to the view that those who act wrongly lose rights against punishment for deterrent reasons. It further supports the view that those who act wrongly, if they fulfil compatibilist conditions of responsibility, do lose rights to avert threats they pose. And this, it is argued, (...)
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  8.  9
    Harm, Sovereignty, and Prohibition.Victor Tadros - 2011 - Legal Theory 17 (1):35-65.
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  9.  73
    Duty and Liability.Victor Tadros - 2012 - Utilitas 24 (02):259-277.
    In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second (...)
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  10.  10
    Independence Without Interests?Victor Tadros - 2011 - Oxford Journal of Legal Studies 31 (1):193-213.
    This review article discusses Arthur Ripstein’s Kantian account of rights. Our most important rights, Ripstein argues, are determined by our independence rather than our interests. And a significant group of these rights—our rights over external things—is enforceable only in virtue of state membership. I argue that whilst independence is an important source of rights, we cannot exclude interests from an adequate account of rights, and that once this is acknowledged we will conclude that the state is less important than Ripstein (...)
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  11.  7
    Response to Blumenson.Victor Tadros - unknown
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  12.  46
    Wrongful Intentions Without Closeness.Victor Tadros - 2015 - Philosophy and Public Affairs 43 (1):52-74.
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  13.  15
    The Architecture of Criminalization.Victor Tadros - 2009 - Criminal Justice Ethics 28 (1):74-88.
  14.  22
    Distinguishing General Theory, Doctrine and Evidence in Criminal Responsibility: A Response to Lacey.Victor Tadros - 2007 - Criminal Law and Philosophy 1 (3):259-265.
  15.  11
    Rape Without Consent.Victor Tadros - 2006 - Oxford Journal of Legal Studies 26 (3):515-543.
    This article is a defence of a differentiated offence of rape. A differentiated offence is an offence which can be completed in a number of different ways that cannot be captured in a simple definition. It is argued that such an offence would meet several concerns that have been expressed in the feminist literature about the law of rape. It would assist certainty, it would reduce the extent to which the offence focuses on the conduct of the complainant, it would (...)
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  16.  34
    Orwell's Battle with Brittain: Vicarious Liability for Unjust Aggression.Victor Tadros - 2014 - Philosophy and Public Affairs 42 (1):42-77.
  17.  23
    Punishment and the Appropriate Response to Wrongdoing.Victor Tadros - forthcoming - Criminal Law and Philosophy:1-20.
    My main aims in this paper are to further clarify and defend the Duty View of punishment, outlined in my book The Ends of Harm, by responding to some objections to it, and by exploring some variations on that view. I briefly lay out some steps in the justification of punishment that I defend more completely in Chapter 12 of The Ends of Harm. I offer some further support for these steps. They justify punishment of an offender for general deterrence (...)
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  18.  22
    Moving Mountains: Variations on a Theme by Shelly Kagan.Victor Tadros - forthcoming - Criminal Law and Philosophy:1-13.
    My response to Shelly Kagan’s book, The Geometry of Desert, is to raise both general and more specific issues. I criticise Kagan’s way of setting up his project. I will suggest many factors other than desert better explain Kagan’s cases. I then examine more particular aspects of the project. I investigate Kagan’s discussion of what he calls the V-shaped skyline. According to Kagan, the V-shaped skyline represents the idea that it is more important that the very vicious and the very (...)
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  19.  30
    The Ideal of the Presumption of Innocence.Victor Tadros - 2014 - Criminal Law and Philosophy 8 (2):449-467.
    This article clarifies and further defends the view that the right to be presumed innocent until proven guilty, protected by Article 6(2) of the European Convention of Human Rights has implications for the substantive law. It is shown that a ‘purely procedural’ conception of the presumption of innocence has absurd implications for the nature of the right. Objections to the moderate substantive view defended are considered, including the acceptability of male prohibits offences, the difficulty of ascertaining intentions of legislatures and (...)
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  20.  30
    Responses.Victor Tadros - 2013 - Law and Philosophy 32 (2-3):241-325.
    This essay is a response to the excellent contributions to the double special issue of Law and Philosophy on my book The Ends of Harm. I further defend the Duty View of punishment outlined in the book, responding to criticisms of that view. I also challenge the plausibility of retributivist accounts offered in response to the challenges to that view developed in The Ends of Harm.
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  21.  14
    Resource Wars.Victor Tadros - 2014 - Law and Philosophy 33 (3):361-389.
    One of the most interesting questions raised in Cecile Fabre’s Cosmopolitan War concerns war for the sake of resources. Fabre argues that it is sometimes permissible to go to war for the sake of resources that the poor are entitled to. I agree with this, but I think it is true only in very restricted circumstances. I consider a number of arguments in favour of resource wars, showing many of them to fail. The most promising argument, I suggest, is that (...)
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  22.  12
    Answers.Victor Tadros - 2015 - Criminal Law and Philosophy 9 (1):73-102.
    I am extremely grateful to Daniel Farrell, Hamish Stewart, Kasper Lippert-Rasmussen and Suzanne Uniacke for their careful, imaginative and probing responses to The Ends of Harm: The Moral Foundations of Criminal Law in this special issue of Criminal Law and Philosophy. It is especially gratifying that philosophers of this calibre, not all of whom have worked directly on the philosophy of punishment and the philosophy of criminal law, have engaged with Ends in this way.One of my ambitions in writing Ends (...)
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  23.  12
    Introduction: Political Philosophy and Criminal Justice. [REVIEW]Victor Tadros - 2013 - Criminal Law and Philosophy 7 (2):179-184.
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  24.  5
    Obligations and Outcomes.Victor Tadros - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. pp. 173.
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  25.  8
    Law, Strategy and Democracy: A Response to Duff.Victor Tadros - 2009 - Journal of Applied Philosophy 26 (3):269-275.
    abstract In this response to Antony Duff's paper, I raise doubts about the method of moving from internal to external critique, suggesting that external critique, focusing on more basic principles in moral and political philosophy, has primacy, and that internal critique, if it is done well, will very quickly turn external. I then suggest a different distinction: that between pure and strategic philosophical work, suggesting that more strategic work might be done in legal philosophy to improve the impact of philosophical (...)
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  26. Faith in Law Essays in Legal Theory.Peter Oliver, Sionaidh Douglas-Scott & Victor Tadros - 2000
  27. Wrongs and Crimes.Victor Tadros - 2016 - Oxford University Press UK.
    The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of (...)
     
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