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The Philosophy of Criminal Law: Selected Essays

Douglas Husak

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.001.0001
Subject:
Law, Philosophy of Law

Husak reprints 15 of his earlier essays in the philosophy of criminal law (and add two previously unpublished pieces) collected from philosophy journals, law reviews, and book chapters. These ... More


Knowledge, Beliefs, and Responsibility

Steve Vanderheiden

in Atmospheric Justice: A Political Theory of Climate Change

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195334609
eISBN:
9780199868759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334609.003.0006
Subject:
Political Science, Environmental Politics

This chapter examines three primary issues raised by some of the conditions that are often assumed to be necessary for attributions of responsibility: first, that persons are largely ignorant of the ... More


Proving the Unprovable: The Role of Law, Science, and Speculation in Adjudicating Culpability and Dangerousness

Christopher Slobogin

Published in print:
2006
Published Online:
April 2010
ISBN:
9780195189957
eISBN:
9780199893980
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195189957.001.0001
Subject:
Psychology, Forensic Psychology

Culpability and dangerousness are the two central issues raised by any sensible societal attempt to deal with antisocial behavior. For the past century, mental health professionals have been heavily ... More


Appraising Strict Liability

Andrew Simester (ed.)

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.001.0001
Subject:
Law, Criminal Law and Criminology

Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more ... More


The Sequential Principle of Relative Culpability *

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/9780199585038.003.0008
Subject:
Law, Philosophy of Law

This chapter takes a modest step towards providing a theory of culpability by examining an important constraint that any such theory might be thought to satisfy. This constraint is referred to as the ... More


Overcoming Moral Evil: Rousseau at the Crossroads

Mark S. Cladis

in Public Vision, Private Lives: Rousseau, Religion, and 21st-Century Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195125542
eISBN:
9780199834082
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195125541.003.0007
Subject:
Religion, Philosophy of Religion

Rousseau is often celebrated or cursed as an exemplar Enlightenment philosopher who declared that although humans are naturally good, society tampers with us and thereby corrupts us. Although ... More


Mistake of Law and Culpability *

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/9780199585038.003.0011
Subject:
Law, Philosophy of Law

This chapter examines how retributivists should decide whether and to what extent a person should be punished for committing a criminal offense when he is ignorant of the law he violates. It contends ... 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


Provocation and Responsibility

Jeremy Horder

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198256960
eISBN:
9780191681707
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256960.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This book draws on historical and philosophical sources not normally linked in analysis of the criminal law, to provide a detailed study of the effect of provocation on culpability in morality and ... More


Young Offenders and an Effective Justice System Response: What Happens, What Should Happen, and What We Need to Know

James C. Howell, Barry C. Feld, and Daniel P. Mears

in From Juvenile Delinquency to Adult Crime: Criminal Careers, Justice Policy and Prevention

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199828166
eISBN:
9780199951208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199828166.003.0008
Subject:
Sociology, Law, Crime and Deviance

This chapter addresses what happens with older adolescents who transition into the criminal justice system, what should happen, and what we need to know. It emphasizes that neither the juvenile nor ... More


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