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Husak reprints 15 of his earlier essays in the philosophy of criminal law (and add two previously unpublished pieces) collected from philosophy journals, law reviews, and book chapters.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


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


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


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


Prima Facie Moral Culpability

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0009
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

Overall blameworthiness is seen as a function of two moral properties, wrongdoing and culpability. This chapter and the four next succeeding all deal with culpability. Prima facie moral culpability ... More


Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

Michael S. Moore

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199256860
eISBN:
9780191719653
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256860.001.0001
Subject:
Law, Philosophy of Law

This book is about the role causation plays in the attribution of both moral responsibility and legal liability (in the law of crimes, torts, and to a lesser extent, contracts). The book strips away ... More


Victims or villains? Open verdicts in Crime na Calle Relator

Sara Brandellero

in On a Knife-Edge: The Poetry of João Cabral de Melo Neto

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589524
eISBN:
9780191595462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589524.003.0005
Subject:
Literature, World Literature, 20th-century and Contemporary Literature

This chapter studies João Cabral's collection Crime na Calle Relator (1987), giving particular attention to the poet's treatment of crime narratives and his use of anecdotal material. It gives ... More


Two Social Psychologists' Reflections on Situationism and the Criminal Justice System

Lee Ross and Donna Shestowsky

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0024
Subject:
Psychology, Social Psychology

The criminal justice system relies on lay notions of culpability that are incompatible with contemporary social psychology, and arguably with reasonable standards of fairness and justice. A given ... More


The Perils of Perfectionism

Richard L. Abel

in Lawyers in the Dock: Learning from Attorney Disciplinary Procedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195374230
eISBN:
9780199871803
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374230.003.0006
Subject:
Law, Legal Profession and Ethics

Friendship and business do not mix, especially when they lead to oral, incomplete fee agreements. When a lawyer achieved an unusually good result in a tax dispute for his client friend, the lawyer ... More


The Atrocity Paradigm: A Theory of Evil

Claudia Card

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195145083
eISBN:
9780199833115
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195145089.001.0001
Subject:
Philosophy, Aesthetics

Taking atrocities as paradigms of evil, this book develops the theory that evils (plural) are foreseeable, intolerable harms produced by culpable wrongdoing. It places this theory in relation to ... More


Introduction: The Atrocity Paradigm

Claudia Card

in The Atrocity Paradigm: A Theory of Evil

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195145083
eISBN:
9780199833115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195145089.003.0001
Subject:
Philosophy, Aesthetics

This book takes atrocities – such as genocide, slavery, torture, rape as a weapon of war, and the saturation bombing of cities – as paradigm evils. As atrocities are both perpetrated and suffered, ... More


Utilitarian Attack and Stoic Withdrawal: Two Extremes

Claudia Card

in The Atrocity Paradigm: A Theory of Evil

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195145083
eISBN:
9780199833115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195145089.003.0003
Subject:
Philosophy, Aesthetics

The classical utilitarians regarded all suffering as evil, regardless of source, and aimed to eliminate as much suffering as possible from the world. Stoics, in contrast, regarded as neither good nor ... More


Blamestorming, blamemongers and scapegoats: Allocating blame in the criminal justice process

Gavin Dingwall and Tim Hillier

Published in print:
2015
Published Online:
September 2015
ISBN:
9781447305002
eISBN:
9781447311614
Item type:
book
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447305002.001.0001
Subject:
Sociology, Law, Crime and Deviance

We live in a society that is increasingly preoccupied with allocating blame: when something goes wrong someone must be to blame. Bringing together philosophical, psychological, and sociological ... More


Fusion: The Blending of Moral and Psychiatric Judgments

Joel Feinberg

in Problems at the Roots of Law: Essays in Legal and Political Theory

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195155266
eISBN:
9780199833177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195155262.003.0007
Subject:
Philosophy, General

This chapter considers the complexities arising from the fusion of moral and psychiatric norms. Although mental sickness is a traditional ground in both law and morality for the mitigation of ... More


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