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The Limits of Communication

Victor Tadros

in The Ends of Harm: The Moral Foundations of Criminal Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199554423
eISBN:
9780191731341
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554423.003.0005
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

An alternative to retributivist views of punishment seeks to justify punishment in virtue of its communicative potential. Punishment is imposed, on this view, to repair the wrong that the offender ... More


The Last Treatise †: Project and Person (Reflections on Martti Koskenniemi’s From Apology to Utopia)

David Kennedy

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0020
Subject:
Law, Public International Law

This chapter comments on the reissued edition of Martti Koskenniemi's From Apology to Utopia. The book is described as the most significant late 20th-century English language monograph in the field ... More


A Response †

Martti Koskenniemi

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0021
Subject:
Law, Public International Law

This chapter presents Martti Koskenniemi's response to the general discussion around his book, From Apology to Utopia. He identifies two themes that emerge as a constant source of puzzlement. How ... More


Retrieving Retributivism

R.A. Duff

in Retributivism: Essays on Theory and Policy

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199752232
eISBN:
9780199895342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199752232.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter offers new perspectives on his position that punishment communicates the censure that the offender deserves for his crime, focusing on the challenge of explaining why penal “hard ... More


How Do Norms Matter?

Friedrich V. Kratchowil

in The Role of Law in International Politics: Essays in International Relations and International Law

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244027
eISBN:
9780191713224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244027.003.0004
Subject:
Law, Public International Law

This chapter inquires into the possibilities of interdisciplinary research concerning the role of norms in social life in general, and in international politics in particular. It examines the ... More


Apology

in Secrets, Sex, and Spectacle: The Rules of Scandal in Japan and the United States

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226894089
eISBN:
9780226894119
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226894119.003.0007
Subject:
Law, Comparative Law

After each scandal, participants in Japan grovel through a ritual of remorse, resignations, and occasionally redemption. In the United States, executives usually do not resign until they are about to ... More


Use of Force as a State Delict: The Obligation to Make Reparation

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0007
Subject:
Law, Public International Law

It is important to find that there is a strong case for considering the obligation to make reparation for wrongful acts as a general principle of law within the meaning of Article 38, paragraph I ... More


Remorse, Apology, and Mercy

Jeffrie G. Murphy

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative overview of the nature of remorse and its role in decisions to grant legal mercy, along with the relationship between remorse and apology. It includes comments ... More


The Harms of Procreative Deprivation

Judith Daar

in The New Eugenics: Selective Breeding in an Era of Reproductive Technologies

Published in print:
2017
Published Online:
September 2017
ISBN:
9780300137156
eISBN:
9780300229035
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300137156.003.0007
Subject:
Law, Medical Law

This chapter examines how recent efforts to address the harms done to several Americans have taken shape as formal apologies and payments to surviving victims. This contemporary hand-wringing is an ... More


Regret: Frameworks for Prediction

Steven W. Bender

in Mea Culpa: Lessons on Law and Regret from U.S. History

Published in print:
2015
Published Online:
September 2016
ISBN:
9781479899623
eISBN:
9781479876730
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479899623.003.0002
Subject:
Law, Law of Obligations

Chapter 1 begins by surveying various potential frameworks for predicting the landscape of eventual societal regret, such as religious teachings and the standards of international human rights law. ... More


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