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  1. Anti-abortionist Action Theory and the Asymmetry between Spontaneous and Induced Abortions.Matthew Lee Anderson - 2023 - Journal of Medicine and Philosophy 48 (3):209-224.
    This essay defends the asymmetry between the badness of spontaneous and induced abortions in order to explain why anti-abortionists prioritize stopping induced abortions over preventing spontaneous abortions. Specifically, it argues (1) the distinction between killing and letting-die is of more limited use in explaining the asymmetry than has sometimes been presumed, and (2) that accounting for intentions in moral agency does not render performances morally inert. Instead, anti-abortionists adopt a pluralist, nonreductive account of moral analysis which is situated against a (...)
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  • A deterrence theory of punishment.Anthony Ellis - 2003 - Philosophical Quarterly 53 (212):337–351.
    I start from the presupposition that the use of force against another is justified only in self-defence or in defence of others against aggression. If so, the main work of justifying punishment must rely on its deterrent effect, since most punishments have no other significant self-defensive effect. It has often been objected to the deterrent justification of punishment that it commits us to using offenders unacceptably, and that it is unable to deliver acceptable limits on punishment. I describe a sort (...)
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  • Intention and Attempt.Vincent Chiao - 2010 - Criminal Law and Philosophy 4 (1):37-55.
    Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the moral character or intentional structure of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a (...)
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  • Towards a Definition of Efforts.Olivier Massin - 2017 - Motivation Science 3 (3):230-259.
    Although widely used across psychology, economics, and philosophy, the concept ofeffort is rarely ever defined. This article argues that the time is ripe to look for anexplicit general definition of effort, makes some proposals about how to arrive at thisdefinition, and suggests that a force-based approach is the most promising. Section 1presents an interdisciplinary overview of some chief research axes on effort, and arguesthat few, if any, general definitions have been proposed so far. Section 2 argues thatsuch a definition is (...)
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  • Intention in Criminal Law: The Challenge from Non‐Observational Knowledge.Bebhinn Donnelly-Lazarov - 2017 - Ratio Juris 30 (4):451-470.
    Intention is at the heart of criminal law. If it is not the mens rea requirement found most often in offences, it is still the standard against which other grades of fault tend relatively to be judged. It has generated much controversy, as the crucial question, “Did the defendant intend X?” is resistant to clear answers. This paper argues that intention-questions are difficult because intention is not the thing law takes it to be: Importantly, contrary to law's assumptions, it is (...)
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  • Action, the Act Requirement and Criminal Liability.Antony Duff - 2004 - Royal Institute of Philosophy Supplement 55:69-103.
    The slogan that criminal liability requires an ‘act’, or a ‘voluntary act’, is still something of a commonplace in textbooks of criminal law. There are, it is usually added, certain exceptions to this requirement— cases in which liability is in fact, and perhaps even properly, imposed in the absence of such an act: but the ‘act requirement’ is taken to represent a normally minimal necessary condition of criminal liability. Even offences of strict liability, for which no mens rea is required, (...)
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  • Person as Lawyer: How Having a Guilty Mind Explains Attributions of Intentional Agency.Frank Hindriks - 2010 - Behavioral and Brain Sciences 33 (4):339-340.
    In criminal law, foresight betrays a guilty mind as much as intent does: both reveal that the agent is not properly motivated to avoid an illegal state of affairs. This commonality warrants our judgment that the state is brought about intentionally, even when unintended. In contrast to Knobe, I thus retain the idea that acting intentionally is acting with a certain frame of mind.
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  • Desert and Punishment for Acts Preparatory to the Commission of a Crime.Daniel Ohana - 2007 - Canadian Journal of Law and Jurisprudence 20 (1):113-142.
    Conduct preparatory to the commission of a crime typically comprises acts such as gathering vital information, making initial contact with the prospective victim, reconnoitering the site of the crime, obtaining materials and tools, and gaining expertise knowledge. Many Western penal codes categorically distinguish preparatory actions from a punishable attempt in attending to cases whereby an actor engages in conduct planned to culminate in the commission of an offence. The article focuses on the desert of an actor who, after having formed (...)
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