Switch to: References

Citations of:

What is the Criminal Law for?

Law and Philosophy 35 (2):137-163 (2016)

Add citations

You must login to add citations.
  1. Why Standing to Blame May Be Lost but Authority to Hold Accountable Retained: Criminal Law as a Regulative Public Institution.Nicola Lacey & Hanna Pickard - 2021 - The Monist 104 (2):265-280.
    Moral and legal philosophy are too entangled: moral philosophy is prone to model interpersonal moral relationships on a juridical image, and legal philosophy often proceeds as if the criminal law is an institutional reflection of juridically imagined interpersonal moral relationships. This article challenges this alignment and in so doing argues that the function of the criminal law lies not fundamentally in moral blame, but in regulation of harmful conduct. The upshot is that, in contrast to interpersonal relationships, the criminal law (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • The Wrong of Mass Punishment.Hamish Stewart - 2018 - Criminal Law and Philosophy 12 (1):45-57.
    The increase in incarceration of offenders in the United States over the last 40 years has created a system of mass incarceration or mass punishment. While consequentialist theories of punishment may generate considerable doubts about the value of this system, it seems that retributive theories of punishment lack the resources to criticize mass punishment. Because of their focus on individual desert, it seems that they can say nothing about punishment in the aggregate. Nevertheless, there are good reasons for a certain (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Theories of criminal law.Antony Duff - 2008 - Stanford Encyclopedia of Philosophy.
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  • A Soft Defense of a Utilitarian Principle of Criminalization.Thomas Søbirk Petersen - 2020 - Res Publica 26 (1):123-141.
    The aim of this paper is to argue that the utilitarian principle of criminalization is sounder than its poor reputation suggests. The paper begins by describing three possible answers to the research question: To what extent should the consequences of criminalization matter morally in a theory of criminalization? Hereafter I explain why I shall discuss only two of these answers. Then follows a detailed and critical specification of UPC. Furthermore, I will argue why criticisms of UPC made by philosophers such (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Approaching or Re-thinking the Realm of Criminal Law?Nicola Lacey - 2020 - Criminal Law and Philosophy 14 (3):307-318.
    In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes and two fine monographs by Farmer and Tadros. It will shape the field for decades to come; and it has (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • The Limits of Blame, by Erin I. Kelly.Nicola Lacey - 2019 - Mind 129 (516):1337-13348.
    The Limits of Blame, by KellyErin I. Cambridge, MA: Harvard University Press, 2018. Pp. 221.
    Download  
     
    Export citation  
     
    Bookmark  
  • Retributivism, State Misconduct, and the Criminal Process.Adiel Zimran & Netanel Dagan - 2023 - Criminal Justice Ethics 42 (1):20-37.
    State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the legitimacy (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation