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  1. Three Problems with Contractarian-Consequentialist Ways of Assessing Social Institutions*: THOMAS W. POGGE.Thomas W. Pogge - 1995 - Social Philosophy and Policy 12 (2):241-266.
    With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing (...)
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  • Overlooking the Merits of the Individual Case: An Unpromising Approach to the Right to Die.Joel Feinberg - 1991 - Ratio Juris 4 (2):131-151.
    .One of the strongest arguments against the legalization of voluntary euthanasia is that even though a given suffering or comatose patient may have a moral right to die, legal recognition of the right would lead inevitably to mistakes and abuses in other cases. The flaw in this argument is the assumption that it is always and necessarily a greater evil to let someone die by mistake than to keep a person alive by mistake. In fact, we cannot plausibly say that (...)
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  • Can the Reasonable Doubt Standard be Justified? A Reconstructed Dialogue.Federico Picinali - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):365-402.
    The justification of the reasonable doubt standard has been hotly debated in recent years. Deontologists—including retributivists—have generally defended the standard, whilst consequentialists have generally argued for a lower standard of proof. Captivating arguments have been produced from both sides. The paper narrates this debate through a dialogue between ideal representatives of these different camps. In doing so, it recasts—and, hopefully, improves—some of the arguments presented thus far. Then, the paper introduces a new participant in the debate, the Intermediary. The Intermediary (...)
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