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  1.  16
    Reasonable Doubt and Disagreement.Youngjae Lee - 2017 - Legal Theory 23 (4):203-257.
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  2.  8
    The State's Right to Evidence and Duties of Citizenship.Youngjae Lee - 2021 - Wiley: Philosophical Issues 31 (1):210-226.
    Philosophical Issues, Volume 31, Issue 1, Page 210-226, October 2021.
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  3.  10
    Criminal Histories and Criminal Futures.Youngjae Lee - 2020 - Criminal Justice Ethics 39 (2):143-151.
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  4.  45
    Punishing Disloyalty? Treason, Espionage, and the Transgression of Political Boundaries.Youngjae Lee - 2012 - Law and Philosophy 31 (3):299-342.
    This Article examines the idea of betraying or being disloyal to one’s own country as a matter of criminal law. First, the Article defines crimes of disloyalty as involving failures to prioritize one’s own country’s interests through participating in efforts to directly undermine core institutional resources the country requires to protect itself or otherwise advance its interests by force. Second, this Article canvasses various potential arguments for the existence of a duty not to be disloyal to one’s own country and (...)
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  5.  42
    The Defense of Necessity and Powers of the Government.Youngjae Lee - 2009 - Criminal Law and Philosophy 3 (2):133-145.
    If one of the lessons of the ubiquitous and highly problematic ticking bomb scenario is that torture may be justified under certain narrowly specified situations, why would we not want it made available as a weapon in the government’s anti-terrorist activities? This is not a new question. It has been hotly debated, and a number of arguments have been made against the idea of formulating the torture policy on the basis of the ticking-bomb hypothetical. The question that this Essay addresses (...)
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  6.  24
    What is Philosophy of Criminal Law?: John Deigh and David Dolinko: The Oxford Handbook of Philosophy of Criminal Law.Youngjae Lee - 2014 - Criminal Law and Philosophy 8 (3):671-685.
    Introduction: State-Centered and Individual-Centered TheoriesWhat is philosophy of criminal law? The seventeen essays in this book, as a whole, provide an excellent place to start in answering that question. Editors John Deigh and David Dolinko state that they put together this volume of “seventeen original essays by leading thinkers in the philosophy of the criminal law” in order to create “an authoritative handbook” representing “the state of current research on the major topics in the field that arise from issues in (...)
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  7.  4
    Mala Prohibita and Proportionality.Youngjae Lee - 2021 - Criminal Law and Philosophy 15 (3):425-446.
    What is the proportionate punishment for conduct that is neither harmful nor wrongful? A likely response to that is that one ought not to be punished at all for such conduct. It is, however, common for the state to punish harmless conduct the wrongfulness of which is not always apparent. Take, for example, the requirement that those who give investment advice for compensation do so only after registering as an investment advisor. Advising a person on how to invest his or (...)
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  8.  4
    Proportionality in Punishment.Youngjae Lee - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 549-569.
    When the US Supreme Court decided in Graham v. Florida that the Cruel and Unusual Punishments Clause of the Eighth Amendment of the Constitution prohibits a sentence of life in prison without parole for a nonhomicide crime committed by a minor, it stated that “[t]he concept of proportionality is central to the Eighth Amendment” and that it is the “precept of justice that punishment for crime should be graduated and proportioned to [the] offense.” These statements make two claims—one legal and (...)
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  9.  18
    Military Veterans, Culpability, and Blame.Youngjae Lee - 2013 - Criminal Law and Philosophy 7 (2):285-307.
    Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this Article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the (...)
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  10.  3
    Proxy Crimes and Overcriminalization.Youngjae Lee - forthcoming - Criminal Law and Philosophy:1-16.
    A solution to the problem of “overcriminalization” appears to be decriminalization of certain crimes. This Essay focuses on a group of crimes that has been labeled “proxy crimes” as a candidate to be eliminated. What are proxy crimes? Douglas Husak defines them as “offenses designed to achieve a purpose other than to prevent the conduct they explicitly proscribe.” Michael Moore describes them as involving situations where we “use one morally innocuous act as a proxy for another, morally wrongful act or (...)
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  11.  9
    Book Review: Crime and Punishment: A Concise Moral Critique, Written by Hyman Gross. [REVIEW]Youngjae Lee - 2015 - Journal of Moral Philosophy 12 (1):103-107.
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  12.  1
    Mala Prohibita, the Wrongfulness Constraint, and the Problem of Overcriminalization.Youngjae Lee - 2022 - Law and Philosophy 41 (2):375-396.
    The wrongfulness constraint, as a principle of criminalization, is supposed to preclude criminalization in the absence of wrongfulness. Crimes that look especially problematic from the perspective of the wrongfulness constraint are mala prohibita offenses. The aim of this Essay is to consider the question whether the wrongfulness constraint can serve as an effective tool to curb overcriminalization by looking at the case of mala prohibita offenses. This Essay defends the following propositions. First, because of the availability of an array of (...)
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  13.  8
    Punishment as Reluctant Moralism: Review of Andrew von Hirsch and Andrew Ashworth, ‘Proportionate Sentencing: Exploring the Principles’ Oxford University Press, Hardback £54.95, ISBN-10: 0-19-927260-3.Youngjae Lee - 2007 - Criminal Law and Philosophy 1 (2):227-231.