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Defining Crimes: Essays on the Special Part of the Criminal Law

Oxford University Press UK (2005)

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  1. Fluidity of Regulation-CSR Nexus: The Multinational Corporate Corruption Example. [REVIEW]Onyeka Osuji - 2011 - Journal of Business Ethics 103 (1):31-57.
    Corporate social responsibility (CSR) is a relatively undeveloped concept despite its increasing importance to corporations. One difficulty is the possible inexactness of CSR. Another is the apparent reluctance by regulatory authorities and policy makers to intervene in the area. This is largely a result of inhibitions created by traditional approaches to company law with emphasis on shareholder protection and financial disclosure. The consequence is the stultification of independent development of CSR by tying social issues to financial performance. This attitude might (...)
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  • The Unfairness of Risk-Based Possession Offences.Andrew Ashworth - 2011 - Criminal Law and Philosophy 5 (3):237-257.
    This is a study of possession offences, with the focus on those intended to penalise the risk of a serious harm. Offences of this kind are examined in the light of basic doctrines of the criminal law, and in the light of the proper limits of endangerment offences. They are found wanting in both respects, and are also found to pose particular sentencing problems. The conclusion is that many risk-based possession offences are unfair, save those that require proof of a (...)
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  • Theorizing Criminal Law Reform.Roger A. Shiner - 2009 - Criminal Law and Philosophy 3 (2):167-186.
    How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books does not embody those (...)
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  • Grading Arson.Michael T. Cahill - 2009 - Criminal Law and Philosophy 3 (1):79-95.
    Criminalizing arson is both easy and hard. On the substantive merits, the conduct of damaging property by fire uncontroversially warrants criminal sanction. Indeed, punishment for such conduct is overdetermined, as the conduct threatens multiple harms of concern to the criminal law: both damage to property and injury to people. Yet the same multiplicity of harms or threats that makes it easy to criminalize arson (in the sense of deciding to proscribe the underlying behavior) also makes it hard to criminalize arson (...)
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  • Punishment.Zachary Hoskins - 2016 - Analysis 77 (3):anw022.
    Philosophical writing about the legal practice of punishment has traditionally focused on two central questions: what (if anything) justifies the practice of tr.
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