10 found
Order:
  1. Mass Incarceration and the Theory of Punishment.Vincent Chiao - 2017 - Criminal Law and Philosophy 11 (3):431-452.
    An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  2.  11
    What is the Criminal Law For?Vincent Chiao - 2016 - Law and Philosophy 35 (2):137-163.
    The traditional distinction between retributive and distributive justice misconstrues the place of the criminal law in modern regulatory states. In the context of the regulatory state, the criminal law is a coercive rule-enforcing institution – regardless of whether it also serves the ends of retributive justice. As a rule-enforcing institution, the criminal law is deeply implicated in stabilizing the institutions and legal rules by means of which a state creates and allocates social advantage. As a coercive institution, the criminal law (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  3.  20
    Punishment and Permissibility in the Criminal Law.Vincent Chiao - 2013 - Law and Philosophy 32 (6):729-765.
    The United States Supreme Court has repeatedly insisted that what distinguishes a criminal punishment from a civil penalty is the presence of a punitive legislative intent. Legislative intent has this role, in part, because court and commentators alike conceive of the criminal law as the body of law that administers punishment; and punishment, in turn, is conceived of in intention-sensitive terms. I argue that this understanding of the distinction between civil penalties and criminal punishments depends on a highly controversial proposition (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  4.  37
    Discretion and Domination in Criminal Procedure: Reflections on Pettit.Vincent Chiao - 2016 - Politics, Philosophy and Economics 15 (1):92-110.
    Philip Pettit’s conception of freedom as nondomination is modally robust in that it requires not simply reducing the probability of uncontrolled interference by others but entirely eliminating that possibility. In this article, I consider whether freedom as nondomination provides an attractive analysis of official discretion, particularly in the context of the criminal law, an area of recurring interest for Pettit. I argue that not only does the modally robust character of freedom as nondomination have some rather unattractive implications in the (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  5.  59
    Intention and Attempt.Vincent Chiao - 2010 - Criminal Law and Philosophy 4 (1):37-55.
    Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the moral character or intentional structure of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  6.  26
    Action and Agency in the Criminal Law: Vincent Chiao.Vincent Chiao - 2009 - Legal Theory 15 (1):1-23.
    This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory fails to explain adequately why criminal responsibility requires an act. Second, when it comes to the just definition of crimes, the act requirement is at best a rough generalization rather than a substantive limiting principle. Third, that the intuition underlying the so-called “act requirement” is better explained by what I call (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  7.  1
    Capital Punishment and the Owl of Minerva.Vincent Chiao - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 241-261.
    Although capital punishment has been gradually disappearing from liberal democracies, philosophers remain divided as to its permissibility. The first part of this chapter considers arguments in favor of retention and abolition, with particular attention to recent contractualist arguments. I then consider the United States Supreme Court’s incrementalist approach, under the rubric of “evolving standards of decency.” On this view, the Constitution is limited to sweeping up stragglers; like Minerva’s owl, the Constitution announces a philosophy of punishment only in hindsight. The (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  8.  6
    Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander.Vincent Chiao - forthcoming - Mind:fzab033.
    Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, by HeidiHurd, ed. Cambridge: Cambridge University Press, 2019. Pp. xxvi + 488.
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  9.  1
    Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, by Hurd Heidi, Ed.Vincent Chiao - forthcoming - Mind:fzab033.
    Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, by HeidiHurd, ed. Cambridge: Cambridge University Press, 2019. Pp. xxvi + 488.
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  10.  14
    Predicting Proportionality: The Case for Algorithmic Sentencing.Vincent Chiao - 2018 - Criminal Justice Ethics 37 (3):238-261.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark