View topic on PhilPapers for more information
Related categories

13 found
Order:
More results on PhilPapers
  1. added 2018-09-28
    Commodification and Phenomenology: Evading Consent in Theory Regarding Rape.John 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 (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  2. added 2018-09-24
    Delitos Acumulativos Ambientales: una aproximación desde el republicanismo.Santiago Truccone Borgogno - 2013 - Revista de Derecho Ambiental de la Universidad de Palermo 2 (2):59-98.
    La censura penal en los estados liberales de derecho, se ha justicado históricamente desde el concepto de bien jurídico y desde principio del daño, conforme la tradición sea alemana o anglosajona, respectivamente. Sin embargo, en las últimas décadas se observa que tales criterios no pueden hacer frente a nuevos problemas que presentan las sociedades modernas. Tal es el caso de las tipificaciones en forma de delitos acumulativos, es decir conductas que en sí mismas acarrean consecuencias lesivas muy pequeñas, pero que (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  3. added 2018-09-23
    Reconsidering Rape: Rethinking the Conceptual Foundations of Rape Law.John Bogart - 1995 - Canadian Journal of Law and Jurisprudence 8 (1):159-82.
    Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside and apart (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  4. added 2018-09-07
    Pinkerton Short-Circuits the Model Penal Code.Andrew Ingram - forthcoming - Villanova Law Review.
    I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  5. added 2018-06-14
    Two Theoretical Dimensions of the Cyber Hate Crime.Cesar Rommel Salas - 2017 - Social Research 1 (01):1-4.
    The impact and relationship between technologies and society establish the development of certain adaptive models, based on coexistence (Human-information-Machine), as well as several behavioral and cognitive changes of the human being, and new models of influence and social control through ubiquitous communication. which is the basis of a new social units called "virtual communities". The rupture of social norms that accompanies rapid social change, and subsequently the appearance of sub-cultural values establishes gaining status of participation in criminal activities, the components (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  6. added 2017-07-10
    Embarking on a Crime.Sarah K. Paul - 2014 - In Enrique Villanueva V. (ed.), Law and the Philosophy of Action. Rodopi. pp. 101-24.
    When we define something as a crime, we generally thereby criminalize the attempt to commit that crime. However, it is a vexing puzzle to specify what must be the case in order for a criminal attempt to have occurred, given that the results element of the crime fails to come about. I argue that the philosophy of action can assist the criminal law in clarifying what kinds of events are properly categorized as criminal attempts. A natural thought is that this (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark   2 citations  
  7. added 2016-12-12
    Trying to Make Sense of Criminal Attempts. [REVIEW]Ken Levy - 2016 - Jurisprudence 7 (3):656-664.
    Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  8. added 2016-05-18
    Killing, Letting Die, and the Case for Mildly Punishing Bad Samaritanism.Ken Levy - 2010 - Georgia Law Review 44:607-695.
    For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  9. added 2015-09-18
    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 (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  10. added 2015-09-16
    The Solution to the Problem of Outcome Luck: Why Harm Is Just as Punishable as the Wrongful Action That Causes It.Ken Levy - 2005 - Law and Philosophy 24 (3):263-303.
    A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  11. added 2015-06-14
    Prostitution and Paternalism.Jeffrey A. Gauthier - 2014 - In David Boersema (ed.), Dimensions of Moral Agency. Cambridge Scholars Press. pp. 194-202.
    Both liberals and feminists have long criticized the paternalistic approach to prostitution found in most jurisdictions in the U.S. In his recent book Prostitution and Liberalism, Peter de Marneffe defends just such an intervention, arguing that the demonstrated harmfulness of a life of prostitution justifies paternalistic policies aimed at reducing the number of women who are involved in it. Although de Marneffe does not endorse the prohibitionist approach typical in the U.S., he argues that the best reasons for alternative approaches (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  12. added 2014-10-22
    Hate and Punishment.Antti Kauppinen - 2014 - Journal of Interpersonal Violence:1-19.
    According to legal expressivism, neither crime nor punishment consists merely in intentionally imposing some kind of harm on another. Crime and punishment also have an expressive aspect. They are what they are in part because they enact attitudes toward others—in the case of crime, some kind of disrespect, at least, and in the case of punishment, society’s condemnation or reprobation. Punishment is justified, at least in part, because (and when) it uniquely expresses fitting condemnation or other retributive attitude. What makes (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   2 citations  
  13. added 2013-02-19
    Bodily Privacy, Toilets, and Sex Discrimination: The Problem of "Manhood" in a Women's Prison.Jami L. Anderson - 2009 - In Olga Gershenson Barbara Penner (ed.), Ladies and Gents. pp. 90.
    Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark