Criminal Law

Edited by Gustavo Beade (Universidad de Buenos Aires (UBA), Christian-Albrechts-Universität zu Kiel)
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  1. Algorithms and the Individual in Criminal Law.Renee Jorgensen - forthcoming - Canadian Journal of Philosophy.
    Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference some condemn as violating the right to be "treated as an individual". I suggest that the right encodes agents' entitlement to fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors, and act intentionally to avoid them. Furthermore, (...)
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  2. Minding Negligence.Craig K. Agule - forthcoming - Criminal Law and Philosophy:1-21.
    The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.
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  3. How to Theorise About the Criminal Law: Thoughts on Methodology Prompted by Alex Sarch’s Criminally Ignorant.Aness Kim Webster - 2021 - Jurisprudence 12 (2):247-258.
    Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...
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  4. Legal proof and statistical conjunctions.Lewis D. Ross - 2020 - Philosophical Studies 178 (6):2021-2041.
    A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...)
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  5. Putinism: A Phenomenological and Prototypical Investigation.Andrej Poleev - 2021
    English abstract: On last day of the year 1999, Russia has entered another era of despotism, that of Vladimir Putin. During his reign, the Putin‘s clan has undermined and infiltrated the mass media, the parliament and the judicial system. Deliberate violation of basic citizen‘s rights, compulsory acquisition of property, government-funded racket, misuse of mass media to scarify and to disinform the peoples belong to the diabolic methods of self-constituted disposers. All this lawlessness has led to exorbitant corruption, mass poverty, economic (...)
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  6. Does Criminal Responsibility Rest Upon a False Supposition? No.Luke William Hunt - 2020 - Washington University Jurisprudence Review 13 (1):65-84.
    Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is that (...)
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  7. Blacks, Cops, and the State of Nature.Raff Donelson - 2017 - Ohio State Journal of Criminal Law 15 (1):183-192.
    This essay offers a new way to conceptualize the “police violence against Blacks” phenomenon. I argue that we should see the situation as an instance of what Thomas Hobbes called the state of nature, that is, a state without effective law. This understanding of the phenomenon stands in sharp contrast to that offered by Professor Michelle Alexander in her book The New Jim Crow. Alexander sees the phenomenon as a continuation of centuries-old patterns of state-backed anti-Black racism. My account is (...)
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  8. A Discourse on Recourse: Crime and Punishment.Brian Smithberger - unknown
    Crime takes its toll on any community. Crime does not always make a criminal. Therefore, punishment, once served, should be adequate for reconciliation and not deprive a person of life, liberty, and a remunerable career. Taking an honest look at the system is taking an even more honest look at the self and how it treats other people.
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  9. Virtue Ethics, Criminal Responsibility, and Dominic Ongwen.Renée Nicole Souris - 2019 - International Criminal Law Review 19 (3).
    In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an implication of this view (...)
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  10. Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
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  11. Principio de Lesividad en la cuestión ambiental: el caso Barrio Ituzaingó anexo de la ciudad de Córdoba.Santiago Truccone Borgogno - 2015 - Revista de la Facultad de Derecho: Nueva Serie II (UNC) 2 (6):193-213.
    El presente escrito pretende analizar el principio de lesividad en un concreto ordenamiento legal como es el argentino. Para ello se utilizará al caso “Barrio Ituzaingó anexo de la ciudad de Córdoba”. Se intentarán evaluar los argumentos del tribunal a los fines de dilucidar si son acordes con lo que el ordenamiento constitucional argentino permite. Asimismo, se introducirá un inconveniente -el problema de la no-identidad- el que nos dejará frente a una situación dilemática.
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  12. Un concepto de daño y sus consecuencias para la parte general del derecho penal.Santiago Truccone Borgogno - 2017 - Política Criminal 12 (24):1184-1210.
    In this work, I will support a combined notion of harm according to which there are qualitatively different harms. I will support a way in which the severity of harms could be measured. Then, I will provide three principles about the strength of the reasons against harming. The supported thesis will provide some tools to solve some problems of the general part of criminal law. In relation to the analytical stratum of statutory description of an offence, I will show that (...)
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  13. Corporate Essence and Identity in Criminal Law.Mihailis E. Diamantis - 2018 - Journal of Business Ethics 154 (4):955-966.
    How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...)
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  14. Ehre, Geschlecht und Recht.Anne Siegetsleitner - manuscript
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  15. Neural and Environmental Modulation of Motivation: What's the Moral Difference?Thomas Douglas - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
    Interventions that modify a person’s motivations through chemically or physically influencing the brain seem morally objectionable, at least when they are performed nonconsensually. This chapter raises a puzzle for attempts to explain their objectionability. It first seeks to show that the objectionability of such interventions must be explained at least in part by reference to the sort of mental interference that they involve. It then argues that it is difficult to furnish an explanation of this sort. The difficulty is that (...)
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  16. Radical and Marxist Theories of Crime, Lynch & Stretesky (Review). [REVIEW]Miroslav Imbrisevic - 2014 - Marx and Philosophy Review of Books 1:1-3.
    This collection of essays approaches the issue of crime from the perspective of criminology, which is traditionally concerned with the nature and causes of crime. Radical or Marxist criminology (RMC) became prominent in the late 60s. This strand of criminology is concerned with how class formation, class structure and crime are related. It is assumed that the motivation to commit crimes is not innate to individuals but is a result of social conditions. RMC’s most important premise is that the structure (...)
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  17. Rights Forfeiture and Liability to Harm.Massimo Renzo - 2017 - Journal of Political Philosophy 25 (3):324-342.
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  18. The Legal Research and Issue of Death Penalty.Kiyooung Kim - 2015 - European Academic Research 3 (6):6235-6261.
    The abolition of death penalty is one commonplace issue over global jurisdictions. Nevertheless, it is also true that a surfeit of research has been dealt either in any specific way of legal research or general method of social science. This tends to create a track of practice that they approach the issue in its own national standard of research or discrete logic and narrative. The author proposes an orthodox of legal research by exemplifying the issue of death penalty. By demonstrating (...)
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  19. Self-Defense as Claim Right, Liberty, and Act-Specific Agent-Relative Prerogative.Uwe Steinhoff - 2016 - Law and Philosophy 35 (2):193-209.
    This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also as (...)
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  20. Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue that (...)
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  21. The Forfeiture Theory of Punishment: Surviving Boonin’s Objections.Stephen Kershnar - 2010 - Public Affairs Quarterly 24 (4):319-334.
    In this paper, I set out a version of the Forfeiture Theory of Punishment. Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.
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  22. Efficiency, Practices, and the Moral Point of View: Limits of Economic Interpretations of Law.Mark Tunick - 2009 - In Mark White (ed.), Theoretical Foundations of Law and Economics. Cambridge University Press.
    This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...)
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  23. Crimes Against Minds: On Mental Manipulations, Harms and a Human Right to Mental Self-Determination. [REVIEW]Jan Christoph Bublitz & Reinhard Merkel - 2014 - Criminal Law and Philosophy 8 (1):51-77.
    The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...)
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  24. Does Communicative Retributivism Necessarily Negate Capital Punishment?Jimmy Chia-Shin Hsu - 2015 - Criminal Law and Philosophy 9 (4):603-617.
    Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of punishment should (...)
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  25. Reconciling the Principled Approach to Hearsay with the Rule of Law.Andrew Botterell - 2014 - Supreme Court Law Review 65 (2d):145-168.
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...)
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  26. Responsibility, Incompetence, and Psychopathy.David O. Brink - 2013 - In The Lindley Lecture. University of Kansas.
    This essay articulates a conception of responsibility and excuse in terms of the fair opportunity to avoid wrongdoing and explores its implications for insanity, incompetence, and psychopathy. The fair opportunity conception factors responsibility into conditions of normative competence and situational control and factors normative competence into cognitive and volitional capacities. This supports a conception of incompetence that recognizes substantial impairment of either cognitive or volitional capacities as excusing, provided the agent is not substantially responsible for her own incompetence. This conception (...)
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  27. First Acts, Last Acts, and Abandonment.David O. Brink - 2013 - Legal Theory 19 (2):114-123.
    This contribution reconstructs and assesses Gideon Yaffe’s claims in his book Attempts about what constitutes an attempt, what can count as evidence that an attempt has been made, whether abandonment is a genuine defense, and whether attempts should be punished less severely than completed crimes. I contrast Yaffe’s account of being motivated by an intention and the completion of an attempt in terms of the truth of the completion counterfactual with an alternative picture of attempts as temporally extended decision trees (...)
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  28. Proportionality, Territorial Occupation, and Enabled Terrorism.Saba Bazargan - 2013 - Law and Philosophy 32 (4):435-457.
    Some collateral harms affecting enemy civilians during a war are agentially mediated – for example, the US-led invasion of Iraq in 2003 sparked an insurgency which killed thousands of Iraqi civilians. I call these ‘collaterally enabled harms.’ Intuitively, we ought to discount the weight that these harms receive in the ‘costs’ column of our ad bellum proportionality calculation. But I argue that an occupying military force with de facto political authority has a special obligation to provide minimal protection to the (...)
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  29. Two Puzzles About Mercy.Ned Markosian - 2013 - Philosophical Quarterly 63 (251):269-292.
    Anslem raised a puzzle about mercy: How can anyone (God, say, or a judge) be both just and merciful at the same time? For it seemed to Anselm that justice requires giving people what they deserve, while being merciful involves treating people less harshly than they deserve. This puzzle has led to a number of analyses of mercy. But a strange thing emerges from discussions of this topic: people seem to have wildly divergent intuitions about putative cases of mercy. Examples (...)
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  30. Punishment and Responsibility: Essays in the Philosophy of Law.H. L. A. Hart - 1968 - Oxford University Press.
    This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
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  31. The Crime-Preventive Impact of Penal Sanctions.Anthony Bottoms & Andrew von Hirsch - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research. Oxford University Press.
    This article opens with the consequentialist–deontologist debate, with the former concerned about the relevance of punitive measures against their crime reducing potentials, while the latter highlights punishment as censure of wrongful acts and the proportion of the punishment to the degree of crime. The article briefly discusses the empirical research on the impact of penal sanctions and focuses on three main kinds of empirical research into possible general deterrent effects—namely, association studies, quasi-experimental studies, and contextual and perceptual studies. It addresses (...)
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  32. ‘Exploding the Limits of Law’: Judgment and Freedom in Arendt and Adorno.Craig Reeves - 2009 - Res Publica 15 (2):137-164.
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...)
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  33. Punishing Cruelly: Punishment, Cruelty, and Mercy.Paulo D. Barrozo - 2008 - Criminal Law and Philosophy 2 (1):67-84.
    What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream (...)
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  34. Sexual Assault: Availability of the Defence of Belief in Consent.Lucinda Vandervort - 2005 - Canadian Bar Review 84 (1):89-105.
    Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.
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  35. Crimes and Punishments.Giuliano Torrengo & Achille C. Varzi - 2006 - Philosophia 34 (4):395-404.
    Every criminal act ought to be matched by a corresponding punishment, or so we may suppose, and every punishment ought to reflect a criminal act. We know how to count punishments. But how do we count crimes? In particular, how does our notion of a criminal action depend on whether the prohibited action is an activity, an accomplishment, an achievement, or a state?
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Punishment in Criminal Law
  1. The Consequentialist Problem with Prepunishment.Preston Greene - 2021 - Thought: A Journal of Philosophy 10 (3):199-208.
    This paper targets a nearly universal assumption in the philosophical literature: that prepunishment is unproblematic for consequentialists. Prepunishment threats do not deter, as deterrence is traditionally conceived. In fact, a pure prepunishment legal system would tend to increase the criminal disposition of the grudgingly compliant. This is a serious problem since, from many perspectives, but especially from a consequentialist one, a primary purpose of punishment is deterrence. I analyze the decision theory behind pre and postpunishments, which helps clarify both what (...)
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  2. Bright Lines in Juvenile Justice.Amy Berg - 2021 - Journal of Political Philosophy 29 (3):330-352.
    Journal of Political Philosophy, EarlyView.
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  3. Punishing Noncitizens.Bill Wringe - 2021 - Journal of Applied Philosophy 38 (3):384-400.
    In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that a general account of the criminal (...)
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  4. The Harmonization of Domestic and International Human Rights Standards on Criminalization of Rape.Deepa Kansra - 2021 - Rights Compass.
    In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...)
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  5. The Real-Life Issue of Prepunishment.Preston Greene - forthcoming - Social Theory and Practice.
    When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”— are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if prepunishment is (...)
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  6. Why Punitive Intent Matters.Nathan Hanna - forthcoming - Analysis.
    Many philosophers think that punishment is intentionally harmful and that this makes it especially hard to morally justify. Explanations for the latter intuition often say questionable things about the moral significance of the intent to harm. I argue that there’s a better way to explain this intuition.
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  7. Mitä merkitystä rangaistuksella on?Antti Kauppinen - forthcoming - In Rikoksen ja rangaistuksen filosofia.
    On varsin yleisesti hyväksyttyä, että rangaistuksen ilmaisullinen tehtävä - eli se, että se ilmaisee yhteisön paheksuntaa - on yksi sen ominaispiirre. Viime aikoina on kuitenkin esitetty myös kunnianhimoisempia väitteitä siitä, että rangaistuksen voisi oikeuttaa sen ilmaisullisella tehtävällä. Nämä näkemykset ovat myös saaneet runsaasti kritiikkiä. Tässä esseessä kehittelen aiemmin muotoilemaani versiota ekspressiivisestä rangaistusteoriasta, jonka mukaan asenteiden toiminnallinen ilmaisu rankaisemalla on oikeutettua siksi, että muuten rikoksen uhrilla ei ole hänelle kuuluvaa oikeudenhaltijan statusta. Jos ihmisen oikeuksia voi loukata rangaistuksetta, ne jäävät moraaliseksi ihanteeksi (...)
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  8. Rehabilitating Statistical Evidence.Lewis Ross - 2021 - Philosophy and Phenomenological Research 102 (1):3-23.
    Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...)
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  9. Why Paternalists and Social Welfarists Should Oppose Criminal Drug Laws.Andrew Jason Cohen & William Glod - 2018 - In Chris W. Surprenant (ed.), Rethinking Punishment in the Era of Mass Incarceration. New York: pp. 225-241.
    We discuss the crucial, but easily missed, link between paternalism and incarceration. Legal paternalists believe law should be used to help individuals stay healthy or moral or become healthier or morally better. Criminal laws are paternalistic if they make it illegal to perform some action that would be bad for the actor to do, regardless of effects on others. Yet, one result of such laws is the punishment, including incarceration, of the very same actors—also clearly bad for them even if (...)
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  10. Rethinking the Maxim Ignorantia Juris Non Excusat.Deepa Kansra - 2020 - Academia Letters.
    The proliferation of criminal laws in different legal systems has made legal practitioners and scholars deliberate upon the present day relevance of old age principles and concepts. The maxim ignorantia juris non excusat (ignorantia juris hereinafter) also falls in this category. The application of criminal law is said to rest on the maxim ignorantia juris, meaning ignorance of law is no excuse. The application of the maxim has from time immemorial been defended on grounds of convenience, utility, and community interests. (...)
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  11. From Neuroscience to Law: Bridging the Gap.Tuomas K. Pernu & Nadine Elzein - 2020 - Frontiers in Psychology 11.
    Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...)
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  12. Cancellation of Bail.Deepa Kansra - 2019 - Delhi, India: Bail: Law and Practice in India, Indian Law Institute, India.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody... The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At (...)
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  13. Slicing Up Eyeballs: The Criminal Underworlds of Nicolas Winding Refn.M. Blake Wilson - 2020 - Philosophical Journal of Conflict and Violence 4 (2):15-39.
    From Buñuel and Dali’s Un Chien Andalou to recent works by Danish filmmaker Nicolas Winding Refn, the cinematic destruction of the eye has become iconic due to its striking effect upon film spectators’ visceral experiences as well as its ability to influence their symbolic or fetishistic desires. By exploiting the natural discomfort and disgust produced by these types of images and then situating them within an aesthetic and psychoanalytic framework, Refn and other filmmakers provide a visual showcase for a unique (...)
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  14. On the Possibility and Permissibility of Interpersonal Punishment.Laura Gillespie - 2017 - Dissertation, University of California, Los Angeles
    In the dissertation, I consider the permissibility of a familiar set of responses to wrongdoing in our interpersonal relationships—those responses that constitute the imposition of some cost upon the wrongdoer. Some of these responses are, I argue, properly considered punishing, and some of these instances of punishing are in turn permissible. Punishment as I understand it is a broad phenomenon, common in and to all human relationships, and not exclusively or even primarily the domain of the state. Personal interactions expressive (...)
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  15. Recent Work on the Proof Paradox.Lewis D. Ross - 2020 - Philosophy Compass 15 (6).
    Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.
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