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Philosophy of Criminal Law

Noûs 26 (4):527-532 (1992)

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  1. ‘O Call Me Not to Justify the Wrong’: Criminal Answerability and the Offence/Defence Distinction.Luís Duarte D’Almeida - 2012 - Criminal Law and Philosophy 6 (2):227-245.
    Most philosophers of criminal law agree that between criminal offences and defences there is a significant, substantial difference. It is a difference, however, that has proved hard to pin down. In recent work, Duff and others have suggested that it mirrors the distinction between criminal answerability and liability to criminal punishment. Offence definitions, says Duff, are—and ought to be—those action-types ‘for which a defendant can properly be called to answer in a criminal court, on pain of conviction and condemnation if (...)
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  • Motive, Action, and Confusions in the Debate over Hate Crime Legislation.Stephen Mathis - 2018 - Criminal Justice Ethics 37 (1):1-20.
    In this article I argue that the objections against hate crimes defined as separate offenses and in terms of group animus are misguided and are based upon a mistaken view of human action that does...
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  • Iniuria Migrandi: Criminalization of Immigrants and the Basic Principles of the Criminal Law. [REVIEW]Alessandro Spena - 2014 - Criminal Law and Philosophy 8 (3):635-657.
    In this paper I am specifically concerned with a normative assessment, from the perspective of a principled criminal law theory, of norms criminalizing illegal immigration. The overarching question I will dwell on is one specifically regarding the way of using criminal law which is implied in the enactment of such kinds of norms. My thesis will essentially be that it constitutes a veritable abuse of criminal law. In two senses at least: first, in the sense that by criminalizing illegal immigration (...)
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