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Criminal law as public law

In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. pp. 21--43 (2011)

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  1. The Common Core between Human Rights Law and International Criminal Law: A Structural Account.Alain Zysset - 2019 - Ratio Juris 32 (3):278-300.
    Legal scholars and theorists have recently drawn a more sustained attention to the link between international human rights law (hereafter IHRL) and international criminal law (hereafter ICL). This concerns both positive and more normative accounts of the link. Whether positive or normative, the predominant approach to constructing the link is substantive. This overlap is normatively justified in similar terms by reference to a subset of moral human rights. In this paper, I offer an alternative to the substantive approach. After identifying (...)
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  • 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 (...)
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  • Dworkin’s Rights Conception of the Rule of Law in Criminal Law.Briain Jansen - 2017 - Netherlands Journal of Legal Philosophy 46 (2):160-176.
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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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  • Towards a Modest Legal Moralism.R. A. Duff - 2014 - Criminal Law and Philosophy 8 (1):217-235.
    After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...)
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  • Defending the Realm of Criminal Law.R. A. Duff - 2020 - Criminal Law and Philosophy 14 (3):465-500.
    This is a response to ten critiques of my 2018 book The Realm of Criminal Law, by Stephen Bero and Alex Sarch, Kim Ferzan, Stuart Green, Doug Husak, Nicola Lacey, Sandra Mayson, Victor Tadros, Patrick Tomlin, Alec Walen, and Gideon Yaffe. I take the opportunity to explain the main aims and themes of the book, to clarify some of its arguments, and to note some of the ways in which those arguments need expansion, development, or revision. Topics discussed include: the (...)
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  • What is the Criminal Law for?Vincent Chiao - 2016 - Law and Philosophy 35 (2):137-163.
    The traditional distinction between retributive and distributive justice misconstrues the place of the criminal law in modern regulatory states. In the context of the regulatory state, the criminal law is a coercive rule-enforcing institution – regardless of whether it also serves the ends of retributive justice. As a rule-enforcing institution, the criminal law is deeply implicated in stabilizing the institutions and legal rules by means of which a state creates and allocates social advantage. As a coercive institution, the criminal law (...)
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  • Unlocking Morality from Criminal Law.Thom Brooks - 2017 - Journal of Moral Philosophy 14 (3):339-352.
    This review article critically examines R. A. Duff and Stuart P. Green’s wide-ranging Philosophical Foundations of Criminal Law. The book captures well a crucial debate at the heart of its topic: is morality a key for understanding criminal law? I first consider legal moralism arguments answering this question in the affirmative and argue they should be rejected. I next consider alternatives to argue that philosophers of criminal law should look beyond legal moralism for more compelling theories about criminal law.
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  • Non‐paradigmatic punishments.Helen Brown Coverdale & Bill Wringe - 2022 - Philosophy Compass 17 (5):e12824.
    Philosophy Compass, Volume 17, Issue 5, May 2022.
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  • Theories of criminal law.Antony Duff - 2008 - Stanford Encyclopedia of Philosophy.
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  • When the European Court of Human Right Speaks What Should It Say?Alain Zysset - 2016 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 6 (1).
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