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Philosophy of Private Law

William Lucy

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.001.0001
Subject:
Law, Philosophy of Law

On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we ... More


Crime and Punishment: A Concise Moral Critique

Hyman Gross

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral ... More


Does Criminal Liability Require an Act?

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0002
Subject:
Law, Philosophy of Law

This chapter argues against the claim that criminal liability is and ought to be imposed only for an act. No persuasive argument for this claim has yet been given. As an alternative, it suggests that ... More


Motive and Criminal Liability *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0003
Subject:
Law, Philosophy of Law

Contrary to conventional wisdom, this chapter argues that the motive of the defendant is and ought to be relevant to his criminal liability. It attempts to show that motives are important to ... More


Transferred Intent

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0005
Subject:
Law, Philosophy of Law

If A tries to kill B but kills C instead, A is guilty of murder by the doctrine of transferred intent. This chapter attempts to identify a principled rationale for this doctrine, and to apply this ... More


Strict Liability, Justice, and Proportionality *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0007
Subject:
Law, Philosophy of Law

This chapter tries to identify whether and under what conditions strict liability in the penal law is morally objectionable or unobjectionable. It argues that liability without fault for one or more ... More


The De Minimis ‘Defense’ to Criminal Liability *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0015
Subject:
Law, Philosophy of Law

This chapter examines the de minimis plea: the allegation that the wrongfulness of the defendant's criminal conduct is too trivial to justify the imposition of penal liability and punishment. It ... More


Corrective Justice

Ernest J. Weinrib

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660643
eISBN:
9780191748288
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660643.001.0001
Subject:
Law, Philosophy of Law, Law of Obligations

This book develops the implications of that venerable Aristotelian notion of justice for understanding contemporary private law. Over the last decades corrective justice has become a central but ... More


Intuitions of Justice & the Utility of Desert

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0022
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter presents some final thoughts. The empirical studies reported in this book contradict the common wisdom that people did not, and would never agree on what punishment is deserved in a ... More


Liability for Public Welfare Offences

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0006
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The question for discussion in this chapter is: under what substantive constraints can autonomous agents be penalized for a public welfare offence? The chapter offers a nonutilitarian justification ... More


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