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  1. Restoring Integrity to the Academy: Some Sweeping Suggestions for Wholesale Change.Joseph S. Fulda - manuscript
    Note that this paper is 35 pages, and had been replaced in many places w/ a draft w/o authorization. -/- The academy, broadly construed to include faculty, administrators at all levels, and editors, referees, and publishers of academic work, is beset by more ills bespeaking of a fundamental lack of integrity than can possibly be enumerated in a single monograph; nevertheless, as the need is urgent, and everyone seems to prefer either silence or piecemeal treatments, myself heretofore included, five ills (...)
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  2. Undercover Policing and ‘Dirty Hands’: The Case of Legal Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - manuscript
    Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the law-enforcement agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to legal entrapment to commit a crime. (...)
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  3. Self-Defense and the Necessity Condition.Uwe Steinhoff - manuscript
    Rights forfeiture or liability are not a path to the permissibility of self-defense (not even barring extraordinary circumstances), and the necessity condition is not intrinsic to justified self-defense. Rather, necessity in the context of justification must be distinguished from necessity in the context of rights forfeiture. While innocent aggressors only forfeit their right against necessary self-defense, culpable aggressors also forfeit, on grounds of a principle of reciprocity, certain rights against unnecessary self-defense. Yet, while culpable aggressors would therefore not be wronged (...)
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  4. Legal Luck.Ori Herstein - forthcoming - In Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  5. Precis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):120-125.
    Précis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice (2022).
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  6. Retributivism, Free Will Skepticism, and the Public Health-Quarantine Model: Replies to Kennedy, Walen, Corrado, Sifferd, Pereboom, and Shaw.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):161-216.
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  7. What is the Incoherence Objection to Legal Entrapment?Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2022 - Journal of Ethics and Social Philosophy 22 (1):47-73.
    Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...)
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  8. Entrapment, temptation and virtue testing.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2022 - Philosophical Studies 179 (8).
    We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...)
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  9. Working Document on Penal Laws' Reforms in India.Deepa Kansra - 2022 - Lex Quest Foundation's Working Document on Penal Laws' Reforms in India.
    India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. gaps (...)
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  10. Entrapment and 'Paedophile Hunters'.Daniel Hill, Stephen K. McLeod & Attila Tanyi - 2021 - Public Ethics Blog.
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  11. Contrived Self‐Defense: A Case of Permissible Wrongdoing.Tsung-Hsing Ho - 2021 - Philosophical Forum 52 (3):211-220.
    The Philosophical Forum, Volume 52, Issue 3, Page 211-220, Fall 2021.
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  12. The DNA Technology (Use and Application) Regulation Bill, 2019: A Critical Analysis.Deepa Kansra, Manpreet Dhillon, Mandira Narain, Prabhat Mishra, Nupur Chowdhury & P. Puneeth - 2021 - Indian Law Institute Law Review 1 (Winter):278-301.
    The aim of this paper is to explain the emergence and use of DNA fingerprinting technology in India, noting the specific concerns faced by the Indian Legal System related to the use of this novel forensic technology in the justice process. Furthermore, the proposed construction of a National DNA Data Bank is discussed taking into consideration the challenges faced by the government in legislating the DNA Bill into law. A critical analysis of the DNA Technology (Use and Application) Regulation Bill, (...)
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  13. Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - 2019 - In Kimberly Ferzan & Larry Alexander (eds.), Handbook of Applied Ethics and the Criminal Law. New York: Palgrave.
    In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...)
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  14. Regulating Child Sex Robots: Restriction or Experimentation?John Danaher - 2019 - Medical Law Review 27 (4):553-575.
    In July 2014, the roboticist Ronald Arkin suggested that child sex robots could be used to treat those with paedophilic predilections in the same way that methadone is used to treat heroin addicts. Taking this onboard, it would seem that there is reason to experiment with the regulation of this technology. But most people seem to disagree with this idea, with legal authorities in both the UK and US taking steps to outlaw such devices. In this paper, I subject these (...)
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  15. Legal Epistemology.Georgi Gardiner - 2019 - Oxford Bibliographies Online.
    An annotated bibliography of legal epistemology.
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  16. 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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  17. Criminally Ignorant: Why the Law Pretends We Know What We Don't.Alexander Sarch - 2019 - New York, NY, USA: Oup Usa.
    The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...)
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  18. Punishing Artificial Intelligence: Legal Fiction or Science Fiction.Alexander Sarch & Ryan Abbott - 2019 - UC Davis Law Review 53:323-384.
    Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...)
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  19. Liberalism and Policing: The State We're In.Luke William Hunt - 2018 - In the Long Run (University of Cambridge).
    Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.
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  20. The Contradiction of Crimmigation.José Jorge Mendoza - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):6-9.
    This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...)
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  21. Sanctioning.Lucas Miotto - 2018 - Jurisprudence 9 (2):236-250.
    Up until recently, most legal philosophers have argued that an action is a token of sanctioning if, and only if, (i) its performance brings about unwelcome consequences to the targets, and (ii) it is performed as a response to the breach of a duty. In this paper I take issue with this account. I first add some qualifications to it in order to present it in its most plausible form. After doing this, I advance a series of hypothetical cases which (...)
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  22. Resolving Judicial Dilemmas.Alexander Sarch & Daniel Wodak - 2018 - Virginia Journal of Criminal Law 6:93-181.
    The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...)
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  23. Mandatory Minimums and the War on Drugs.Daniel Wodak - 2018 - In David Boonin (ed.), Palgrave Handbook of Philosophy and Public Policy. Palgrave. pp. 51-62.
    Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...)
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  24. Accountability and Intervening Agency: An Asymmetry Between Upstream and Downstream Actors.Saba Bazargan-Forward - 2017 - Utilitas 29 (1):110-114.
    Suppose someone (P1) does something that is wrongful only in virtue of the risk that it will enable another person (P2) to commit a wrongdoing. Suppose further that P1’s conduct does indeed turn out to enable P2’s wrongdoing. The resulting wrong is agentially mediated: P1 is an enabling agent and P2 is an intervening agent. Whereas the literature on intervening agency focuses on whether P2’s status as an intervening agent makes P1’s conduct less bad, I turn this issue on its (...)
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  25. Complicity.Saba Bazargan-Forward - 2017 - In Marija Jankovic & Kirk Ludwig (eds.), Routledge Handbook on Collective Intentionality. Routledge University Press.
    Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room for genuine (...)
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  26. Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised?John Danaher - 2017 - Criminal Law and Philosophy 11 (1):71-95.
    Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The argument (...)
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  27. Risk Assessment Tools in Criminal Justice and Forensic Psychiatry: The Need for Better Data.Thomas Douglas, Jonathan Pugh, Illina Singh, Julian Savulescu & Seena Fazel - 2017 - European Psychiatry 42:134-137.
    Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.
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  28. Domestic Drone Surveillance: The Court’s Epistemic Challenge and Wittgenstein’s Actional Certainty.Robert Greenleaf Brice & Katrina Sifferd - 2017 - Louisiana Law Review 77:805-831.
    This article examines the domestic use of drones by law enforcement to gather information. Although the use of drones for surveillance will undoubtedly provide law enforcement agencies with new means of gathering intelligence, these unmanned aircrafts bring with them a host of legal and epistemic complications. Part I considers the Fourth Amendment and the different legal standards of proof that might apply to law enforcement drone use. Part II explores philosopher Wittgenstein’s notion of actional certainty as a means to interpret (...)
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  29. Brain Privacy and the Case of Cannibal Cop.Mark Tunick - 2017 - Res Publica 23 (2):179-196.
    In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...)
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  30. Child Soldiers, Executive Functions, and Culpability.Tyler Fagan, William Hirstein & Katrina Sifferd - 2016 - International Criminal Law Review 16 (2):258-286.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...)
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  31. Cruelty in Criminal Law: Four Conceptions.Paulo Barrozo - 2015 - Criminal Law Bulletin 51 (5):67.
    This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to cruelty. Eminently, cruelty in criminal (...)
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  32. The Comparative Advantages of Brain-Based Lie Detection: The P300 Concealed Information Test and Pre-Trial Bargaining.John Danaher - 2015 - International Journal of Evidence and Proof 19 (1).
    The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should not be so suspicious (...)
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  33. Hechos, evidencia y estándares de prueba. Ensayos de epistemología jurídica.Andrés Páez (ed.) - 2015 - Ediciones Uniandes.
    Aunque el derecho probatorio y el derecho procesal se han dedicado desde siempre al estudio de los problemas relacionados con las pruebas y el establecimiento de los hechos en los procesos judiciales, el énfasis ha estado siempre en el aspecto formal, doctrinal y procedimental en detrimento de los fundamentos filosóficos y teóricos. Durante los últimos años ha habido un intento sostenido de explorar estos fundamentos combinando no sólo las herramientas tradicionales proporcionadas por la lógica, la gramática y la retórica, sino (...)
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  34. Many Men Are Good Judges in Their Own Case: Restorative Justice and the Nemo Iudex Principle in Anglo-American Law.Jennifer M. Page - 2015 - Raisons Politiques 59:91-107.
    The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality as (...)
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  35. Perp Walks as Punishment.Bill Wringe - 2015 - Ethical Theory and Moral Practice 18 (3):615-629.
    When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...)
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  36. The Ethics of Proposed Euthanasia Laws in Australia.Thomas F. Burns - 2014 - Dissertation, Monash University
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  37. Doing, Allowing, and the State.Adam Omar Hosein - 2014 - Law and Philosophy 33 (2):235-264.
    The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, Vermeule (...)
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  38. Crime as Social Excess: Reconstructing Gabriel Tarde’s Criminal Sociology.Sergio Tonkonoff - 2014 - History of the Human Sciences 27 (2):60-74.
    Gabriel Tarde, along with Durkheim and others, set the foundations for what is today a common-sense statement in social science: crime is a social phenomenon. However, the questions about what social is and what kind of social phenomenon crime is remain alive. Tarde’s writings have answers for both of these capital and interdependent problems and serve to renew our view of them. The aim of this article is to reconstruct Tarde’s definition of crime in terms of genus and specific difference, (...)
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  39. Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW]Andrew Botterell - 2013 - University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  40. Kramer’s Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2013 - Criminal Law and Philosophy 9 (2):225-244.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  41. A (Moral) Prisoner's Dilemma: Character Ethics and Plea Bargaining.Andrew Ingram - 2013 - Ohio State Journal of Criminal Law 11 (1):161-177.
    Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...)
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  42. Parsing the Reasonable Person: The Case of Self-Defense.Andrew Ingram - 2012 - American Journal of Criminal Law 39 (3):101-120.
    Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...)
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  43. Crime and Culpability: A Theory of Criminal Law (by Larry Alexander Et Al.). [REVIEW]Holly Lawford-Smith - 2010 - Australian Journal of Legal Philosophy 35:152-158.
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  44. Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW]Matthew Lister - 2010 - Concurring Opinions Blog:1.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
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  45. Retrospectivity of Judicial Interpretation of Penal Statutes.Deepa Kansra - 2009 - Journal of the Indian Law Institute 2 (51):250-266.
    The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... The (...)
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  46. The Harm Principle Vs. Kantian Criteria for Ensuring Fair, Principled and Just Criminalisation.Dennis J. Baker - 2008 - Australian Journal of Legal Philosophy 33 (66):66-99.
    In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...)
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  47. Nanotechology and the Attribution of Responsibility.Katrina Sifferd - 2008 - Nanotechnology, Law and Business 5 (2):177.
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  48. The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats.Ken Levy - 2007 - Connecticut Law Review 39:1051-1096.
    Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...)
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  49. Commodification and Phenomenology: Evading Consent in Theory Regarding Rape: John H. Bogart.John H. Bogart - 1996 - Legal Theory 2 (3):253-264.
    In a recent essay, Donald Dripps advanced what he calls a “commodification theory” of rape, offered as an alternative to understanding rape in terms of lack of consent. Under the “commodification theory,” rape is understood as the expropriation of sexual services, i.e., obtaining sex through “illegitimate” means. One aim of Dripps's effort was to show the inadequacy of consent approaches to understanding rape. Robin West, while accepting Dripps's critique of consent theories, criticizes Dripps's commodification approach. In its place, West suggests (...)
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  50. Review of Elizabeth H. Wolgast, The Grammar of Justice. [REVIEW]Edmund Byrne - 1991 - Noûs 25 (1):137-139.
    Book under review consists of a set of articles by Wolgast that contibute in various ways to her contention that human beings arrive at a theory of justice quasi-empirically insofar as a particular group encounters and seeks to surmount experiences of gross injustice. Via such experiences they develop a community-oriented sense of justice; but they do not thereby create a reliable basis for communitarian ethics.
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1 — 50 / 52