Results for 'criminal law'

955 found
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  1.  21
    Criminal law in the age of the administrative state.Vincent Chiao - 2019 - New York, NY: Oxford University Press.
    Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.
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  2.  17
    International Criminal Law.Roger S. Clark - 2015 - In Dennis Patterson, A Companion to European Union Law and International Law. Wiley-Blackwell. pp. 534–546.
    This chapter first discusses four categories of international criminal law, namely international aspects of national criminal law, international criminal law stricto sensu, suppression conventions/transnational criminal law, and international standards for criminal justice. It then explains some crosscutting issues that are in the forefront of both historical and contemporary discussions in the area, organizing the material under the rubric of jurisdiction, paying particular attention to how this plays out in a number of suppression conventions. The appropriateness (...)
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  3.  46
    Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.Francois Tanguay-Renaud & James Stribopoulos (eds.) - 2012 - Hart Publishing.
    In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both (...)
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  4.  32
    Rethinking criminal law.George P. Fletcher - 1978 - New York: Oxford University Press.
    This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
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  5.  97
    Criminal law theory: doctrines of the general part.Stephen Shute & Andrew Simester (eds.) - 2002 - New York: Oxford University Press.
    Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.
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  6.  24
    Criminal Law, Parental Authority, and the State.Shachar Eldar - 2018 - Criminal Law and Philosophy 12 (4):695-705.
    In the recently published collection, Criminal Law and the Authority of the State, two contributions allude to an analogy with parental authority as a means to a better understanding of the institution of criminal punishment, but reach different conclusions. Malcolm Thorburn uses the parental authority analogy to justify the institution of state punishment as an assertion of robust authority over offenders. Antje du Bois-Pedain uses the same analogy to advocate the idea of punishment as an inclusionary practice, designed (...)
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  7.  36
    Criminal Law, Philosophy and Public Health Practice.A. M. Viens, John Coggon & Anthony S. Kessel (eds.) - 2013 - Cambridge University Press.
    The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. However, criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the interface (...)
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  8.  25
    Criminal Law Without Punishment: How Our Society Might Benefit From Abolishing Punitive Sanctions.Valerij Zisman - 2023 - De Gruyter.
    How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such (...)
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  9. Understanding Criminal Law through the Lens of Reason: Gardner, John. 2007. Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford: Oxford University Press, xiv + 288 pp.François Tanguay-Renaud - 2010 - Res Publica 16 (1):89-98.
    This is a review essay of Gardner, John. 2007, Offences and Defences: Selected Essays in the Philosophy of Criminal Law, Oxford: Oxford University Press, 288 pp.
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  10.  35
    Criminal law conversations: "Desert: Empirical, not metaphysical" and "contractualism and the sharing of wrongs".Matthew Lister - 2009 - In Paul Robinson, Kimberly Ferzan & Stephen Garvey, Criminal Law Conversations. Oxford University Press, Usa.
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  11.  2
    Criminal law, feminism, and emotions: thinking through the legal unconscious.Latika Vashist - 2025 - New York, NY: Routledge.
    This book pursues the argument that an attention to emotions produces a more nuanced, and more adequate, feminist account of legal subjectivity. Although the relationship between law and feminism has resulted in a vast body of work, the issue of emotions has not been foregrounded in feminist legal scholarship. Indeed, many feminists have argued that reason and not emotion must provide the foundational basis for all laws and legal reforms; an argument that has led to a division of the legal (...)
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  12.  90
    Philosophy of criminal law.Douglas N. Husak - 1987 - Totowa, N.J.: Rowman & Littlefield.
    This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the central topics in the field, including the grounds of criminal liability, relative culpability, the role of defences, and the justification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work, and exploring the goals of criminal theory.
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  13.  52
    Does Criminal Law Deter? A Behavioural Science Investigation.Paul H. Robinson & John M. Darley - 2004 - Oxford Journal of Legal Studies 24 (2):173-205.
    Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they (...)
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  14. The philosophy of criminal law: selected essays.Douglas N. Husak - 2010 - New York: Oxford University Press.
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake (...)
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  15. The grammar of criminal law: American, comparative, and international.George P. Fletcher - 2007 - New York: Oxford University Press.
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study (...)
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  16. Theorizing Criminal Law Reform.Roger A. Shiner - 2009 - Criminal Law and Philosophy 3 (2):167-186.
    How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books (...)
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  17.  40
    Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality.Nuria Pastor Muñoz - 2023 - Criminal Law and Philosophy 17 (2):381-406.
    International criminal law (ICL) is an achievement, but at the same time a challenge to the traditional conception of the principle of legality (_lex praevia_, _scripta_, and _stricta_ – Sect. 1). International criminal tribunals have often based conviction for international crimes on unwritten norms the existence and scope of which they have failed to substantiate. In so doing, they have evaded the objection that they were applying _ex post facto_ criminal laws. This approach, the relaxation of the (...)
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  18.  33
    Should Criminal Law Mirror Moral Blameworthiness or Criminal Culpability? A Reply to Husak.Alexander Sarch - 2022 - Law and Philosophy 41 (2):305-328.
    In Ignorance of Law, Doug Husak defends a version of legal moralism on which ‘we should recognize a presumption that the criminal law should…be based, on conform to, or mirror critical morality’. Here I explore whether substantive criminal law rules should directly mirror not moral blameworthiness, but a distinct legal notion of criminal culpability – akin to moral blameworthiness but refined for deployment in legal systems. Contra Husak, I argue that the criminal law departing from the (...)
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  19.  62
    European criminal law and European identity.Mireille Hildebrandt - 2007 - Criminal Law and Philosophy 1 (1):57-78.
    This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process (...)
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  20. Terrorizing Criminal Law.Lucia Zedner - 2014 - Criminal Law and Philosophy 8 (1):99-121.
    The essays in Waldron’s Torture, Terror, and Trade-Offs have important implications for debates about the criminalization of terrorism and terrorism-related offences and its consequences for criminal law and criminal justice. His reflections on security speak directly to contemporary debates about the preventive role of the criminal law. And his analysis of inter-personal security trade-offs invites much closer attention to the costs of counter-terrorism policies, particularly those pursued outside the criminal process. But is Waldron right to speak (...)
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  21. Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law, 1747 to the Present.Lindsay Farmer - 1996 - Cambridge University Press.
    This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer (...)
     
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  22.  25
    Criminal Law Conversations.Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.) - 2009 - Oxford University Press, Usa.
    Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight (...)
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  23.  41
    Redoing Criminal Law: Taking the Deviant Turn.Leo Katz & Alvaro Sandroni - 2022 - Criminal Law and Philosophy 16 (3):429-439.
    This is a review of Larry Alexander and Kim Ferzan’s _Reflections on Crime and Culpability_, a sequel to the authors’ _Crime and Culpability_. The two books set out a sweeping proposal for reforming our criminal law in ways that are at once commonsensical and mindbogglingly radical. But even if one is not on board with such a radical experiment, simply thinking it through holds many unexpected lessons: startlingly new insights about the current regime and about novel ways of doing (...)
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  24.  50
    Criminal Law Exceptionalism: Introduction.Christoph Burchard & Antony Duff - 2023 - Criminal Law and Philosophy 17 (1):3-4.
    Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the (...)
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  25.  48
    Criminal Law Exceptionalism as an Affirmative Ideology, and its Expansionist Discontents.Christoph Burchard - 2023 - Criminal Law and Philosophy 17 (1):17-27.
    Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the (...)
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  26.  36
    General principles of criminal law.Jerome Hall - 1960 - Clark, N.J.: Lawbook Exchange.
    ISBN 1-58477-498-3. Cloth. $125. * The standard one-volume treatise based on classic legal-realist principles.
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  27.  59
    Placebo and criminal law.Jan C. Joerden - 2004 - Science and Engineering Ethics 10 (1):65-72.
    This article considers issues concerning cases where the use of placebo is lawful or is not lawful under aspects of German criminal law. It will differentiate between cases of individual therapy and cases of supervised experiments within the scope of medical tests. Thereby, it reveals that a medication of placebo with regard to an individual patient seems to be lawful if there is no alternative possibility of a better treatment using a chemically effective medicine and if the limits of (...)
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  28. Mixed Messages: How Criminal Law Fails to Express Feminist Values.Amelia M. Wirts - forthcoming - Criminal Law and Philosophy.
    Criminal law practices in the US, including policing and incarceration, have drawn heavy criticism for their disproportionate impact on black people, particularly black men. At the same time, some feminist scholars and activists advocate for increases in criminal law responses to sexual assault, including expanding criminal statutes to cover more instances of sexual assault and increasing sentencing guidelines. These reforms are often justified by claims that criminal law should express more feminist values and reject sexist social (...)
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  29.  27
    Philosophical Foundations of Criminal Law.R. A. Duff & Stuart Green (eds.) - 2011 - New York: Oxford University Press UK.
    25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range (...)
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  30.  79
    Republican Responsibility in Criminal Law.Ekow N. Yankah - 2015 - Criminal Law and Philosophy 9 (3):457-475.
    Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as (...)
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  31.  62
    International Criminal Law as a Site for Enhancing Women’s Rights? Challenges, Possibilities, Strategies.Kiran Kaur Grewal - 2015 - Feminist Legal Studies 23 (2):149-165.
    Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To explore these questions I (...)
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  32.  98
    Double Effect and the Criminal Law.Alexander Sarch - 2017 - Criminal Law and Philosophy 11 (3):453-479.
    American criminal law is committed to some version of the doctrine of double effect. In this paper, I defend a new variant of the agent-centered rationale for a version of DDE that is of particular relevance to the criminal law. In particular, I argue for a non-absolute version of DDE that concerns the relative culpability of intending a bad or wrongful state of affairs as opposed to bringing it about merely knowingly. My aim is to identify a particular (...)
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  33. Philosophical foundations of criminal law.Antony Duff & Stuart P. Green (eds.) - 2011 - New York: Oxford University Press.
    Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways ...
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  34.  16
    Fundamentals of criminal law: responsibility, culpability, and wrongdoing.Andrew Simester - 2021 - Oxford, United Kingdom: Oxford University Press.
    Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in (...)
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  35.  55
    Letters: Criminal Law, Pain Relief, and Physician Aid in Dying.Faye Girsh, Norman L. Cantor & George Conner Thomas - 1997 - Kennedy Institute of Ethics Journal 7 (1):103-104.
    In lieu of an abstract, here is a brief excerpt of the content:Criminal Law, Pain Relief, and Physician Aid in DyingFaye Girsh, Ed.D., Executive DirectorMadam:The article by Cantor and Thomas on “Pain Relief, Acceleration of Death, and Criminal Law” (KIEJ, June 1996) was a tortured attempt to develop criteria for the humane and compassionate physician who tries to serve the needs of a patient in unremitting pain. There are three areas that merit comment.The authors dealt with pain medications (...)
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  36.  15
    The Criminal Law's Person.Matt Matravers & Claes Lernestedt (eds.) - 2022 - Hart Publishing.
    The state's use of the threat, and imposition, of punishments to regulate conduct is thought (or at least said) by many to be legitimised by the idea that the criminal law's burdens only fall on those who are blameworthy for their conduct. However, the formal concept of 'blameworthiness' needs to be made substantive. This puts various ideas regarding the criminal law's person at the heart of debates about blame, guilt, and responsibility. How is the criminal law's person (...)
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  37.  27
    Criminal Law and Cultural Diversity.Will Kymlicka, Claes Lernestedt & Matt Matravers (eds.) - 2014 - Oxford, United Kingdom: Oxford University Press.
    What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists Criminal Law and Cultural Diversity offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility.
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  38.  47
    Criminal Law and Penal Law: The Wrongness Constraint and a Complementary Forfeiture Model.Alec Walen - 2020 - Criminal Law and Philosophy 14 (3):431-446.
    Antony Duff’s The Realm of Criminal Law offers an appealing moral reconstruction of the criminal law. I agree that the criminal law should be understood to predicate punishment upon sufficient proof that the defendant has committed a public wrong for which she is being held to account and censured. But the criminal law is not only about censoring people for public wrongs; it must serve other purposes as well, such as preventing people from committing serious crimes (...)
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  39.  16
    Criminal law theory.Douglas Husak - 2004 - In Martin P. Golding & William A. Edmundson, The Blackwell Guide to the Philosophy of Law and Legal Theory. Malden, MA: Wiley-Blackwell. pp. 107–121.
    This chapter contains section titled: The Need for a Theory of Criminalization The Nature of the Criminal Law Inadequate Theories of Criminalization A Better Approach to Criminalization References Further Reading.
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  40. Crime and Culpability: A Theory of Criminal Law.Larry Alexander, Kimberly Kessler Ferzan & Stephen J. Morse - 2009 - New York: Cambridge University Press. Edited by Kimberly Kessler Ferzan & Stephen J. Morse.
    This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...)
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  41.  44
    History’s Challenge to Criminal Law Theory.Darryl Brown - 2009 - Criminal Law and Philosophy 3 (3):271-287.
    After briefly sketching an historical account of criminal law that emphasizes its longstanding reach into social, commercial and personal life outside the core areas of criminal offenses, this paper explores why criminal law theory has never succeeded in limiting the content of criminal codes to offenses that fit the criteria of dominant theories, particularly versions of the harm principle. Early American writers on criminal law endorsed no such limiting principles to criminal law, and early (...)
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  42.  49
    International Criminal Law and Philosophy.Larry May & Zachary Hoskins (eds.) - 2010 - Cambridge University Press.
    International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment (...)
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  43.  53
    Bioethics, medicine, and the criminal law.Amel Alghrani, Rebecca Bennett & Suzanne Ost (eds.) - 2012 - New York: Cambridge University Press.
    Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring (...) law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues. (shrink)
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  44.  36
    Criminal Law Theory: Introduction.Mark Dsouza, Alon Harel & Re’em Segev - 2024 - Criminal Law and Philosophy 18 (2):493-496.
    This is an introduction to the special issue on criminal law theory.
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  45.  9
    The Criminal Law for the Robot?Young-Whan Kim - 2016 - Korean Journal of Legal Philosophy 19 (3):143-168.
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  46.  35
    Criminal law’s asymmetry.James Edwards - 2018 - Jurisprudence 9 (2):276-299.
    ABSTRACTCriminal law confers powers and grants permissions. In doing so it does not treat all alike. Some state officials are given powers and permissions that are much more extensive than those given to private persons. As a result, steps taken to achieve criminal justice are often serious crimes if taken by members of the latter group, while being perfectly lawful when taken by members of the former. My question here is what justifies this asymmetry. I consider two candidate explanations. (...)
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  47. Criminal law, punishment, and penalties.Spjut Rj - 1985 - Oxford Journal of Legal Studies 5 (1).
     
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  48. Criminal law.R. A. Duff - 2020 - In John Tasioulas, The Cambridge Companion to the Philosophy of Law. New York, NY, USA: Cambridge University Press.
     
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  49. Participatory Democracy and the Criminal Law.Travis Hreno - forthcoming - Cambridge, UK: Ethics International Press.
    Participatory Democracy and the Criminal Law examines how the principles of participatory democracy are instantiated within the criminal justice system and explores how these principles could be further developed and expanded within this context. This collection of essays focuses on multiple participatory structures within the criminal law, with the criminal jury serving as a paradigmatic example, alongside community-based sentencing initiatives and restorative justice practices, to name but a few. With a focus on both the theoretical underpinnings (...)
     
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  50.  35
    Should criminal law protect love relation with robots?Kamil Mamak - 2024 - AI and Society 39 (2):573-582.
    Whether or not we call a love-like relationship with robots true love, some people may feel and claim that, for them, it is a sufficient substitute for love relationship. The love relationship between humans has a special place in our social life. On the grounds of both morality and law, our significant other can expect special treatment. It is understandable that, precisely because of this kind of relationship, we save our significant other instead of others or will not testify against (...)
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