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  1. Character, Choice and Moral Agency: The Relevance of Character to Our Moral Culpability Judgments*: STEPHEN J. SCHULHOFER.Peter Arenella - 1990 - Social Philosophy and Policy 7 (2):59-83.
    Should a person who cannot appreciate the moral significance of legal norms qualify as a blameworthy actor simply because he has the capacity to comply with them for non-moral reasons? Such a person may lack any empathy for other human beings and view moral norms as arbitrary restraints on his self-interested behavior: does he nevertheless deserve moral blame when he makes an instrumentally “rational choice” to breach a norm governing his action? Should our answers to these questions depend on whether (...)
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  • Responsibility, Character, and the Emotions: New Essays in Moral Psychology.Ferdinand David Schoeman (ed.) - 1987 - New York: Cambridge University Press.
    This volume of original essays addresses a range of issues concerning the responsibility individuals have for their actions and for their characters. Among the central questions considered are the following: What scope is there for regarding a person as responsible for his or her character given genetic and environmental factors? Does an account of responsibility provide a legitimate basis for the retributive emotions? Are we ever justified in feeling guilty for occurences over which we have no control? Does responsibility for (...)
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  • Punishment and Responsibility.H. L. A. Hart - 1968 - Philosophy 45 (172):162-162.
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  • State Punishment: Political Principles and Community Values.Nicola Lacey - 1988 - Routledge.
    Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
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  • Persons, Character, and Morality.Bernard Williams - 1981 - In Moral Luck: Philosophical Papers 1973–1980. New York: Cambridge University Press.
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  • Criminal Responsibility.Victor Tadros - 2005 - Oxford University Press.
    This book provides a systematic, philosophically informed account of criminal responsibility. It begins by providing a general account of criminal responsibility based on the relationship between the action that the defendent has performed and their character. It then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.
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  • Harsh justice: criminal punishment and the widening divide between America and Europe.James Q. Whitman - 2003 - New York: Oxford University Press.
    Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...)
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  • Freedom and Resentment.Peter Strawson - 1962 - Proceedings of the British Academy 48:187-211.
    The doyen of living English philosophers, by these reflections, took hold of and changed the outlook of a good many other philosophers, if not quite enough. He did so, essentially, by assuming that talk of freedom and responsibility is talk not of facts or truths, in a certain sense, but of our attitudes. His more explicit concern was to look again at the question of whether determinism and freedom are consistent with one another -- by shifting attention to certain personal (...)
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  • Persons, Character, and Morality.Bernard Williams - 1998 - In James Rachels (ed.), Ethical Theory 2: Theories About How We Should Live. Oxford University Press UK.
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  • The Exclusive Society: Social Exclusion, Crime and Difference in Late Modernity.Jock Young - 1999 - SAGE Publications.
    Jock Young charts the move of the last 30 years from an inclusive society of stability and homogeneity to an exclusive society of change and division - where blame is apportioned to vulnerable sections of the community.
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  • Choice, character, and criminal liability.R. A. Duff - 1993 - Law and Philosophy 12 (4):345 - 383.
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  • Responsibility and modernity in criminal law.Nicola Lacey - 2001 - Journal of Political Philosophy 9 (3):249–276.
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  • Criminal culpability: The possibility of a general theory. [REVIEW]Jeremy Horder - 1993 - Law and Philosophy 12 (2):193 - 215.
    In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure (...)
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  • Theft, Law and Society.Jerome Hall - 1937 - International Journal of Ethics 47 (3):390-393.
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  • Trials and Punishments.John Cottingham & R. A. Duff - 1987 - Philosophical Quarterly 37 (149):448.
    How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...)
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  • Character, purpose, and criminal responsibility.Michael D. Bayles - 1982 - Law and Philosophy 1 (1):5 - 20.
    This paper explores analyzing criminal responsibility from the Humean position that blame is for character traits. If untoward acts indicate undesirable character traits, then the agent is blameworthy; if they do not, then the actor is not blameworthy — he has an excuse. A distinctive feature of this approach is that that voluntariness of acts is irrelevant to determining blameworthiness.This analysis is then applied to a variety of issues in criminal law. Mens supports inferences to character traits, and the Humean (...)
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  • Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law, 1747 to the Present.Lindsay Farmer - 1996 - Cambridge University Press.
    This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer is able (...)
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  • Collective Imaginings: Spinoza, Past and Present.Moira Gatens & Genevieve Lloyd - 1999 - New York: Routledge. Edited by Genevieve Lloyd.
    Why would the work of the 17th century philosopher Benedict de Spinoza concern us today? How can Spinoza shed any light on contemporary thought? In this intriguing book, Moira Gatens and Genevieve Lloyd show us that in spite of or rather because of Spinoza's apparent strangeness, his philosophy can be a rich resource for cultural self-understanding in the present. _Collective Imaginings_ draws on recent re-assessments of the philosophy of Spinoza to develop new ways of conceptualising issues of freedom and difference. (...)
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  • Collective Imaginings.Moira Gatens & Genevieve Lloyd - 2000 - Mind 109 (436):904-907.
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  • Law as an autopoietic system.Gunther Teubner - 1993 - Cambridge, USA: Blackwell. Edited by Zenon Bankowski.
    The present debate in legal theory is dominated by an unfruitful schism. On the one hand, analytical theories are concerned with the positivity of law, running the risk of missing the law's relation to society. On the other hand, sociological approaches analyze all sorts of social interactions of law, but have developed no conceptual tools to do justice to the autonomy of law. The theory of autopoiesis offers law a chance of getting round the falsely posed alternative between an autonomous (...)
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