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Criminal Law Theory: Doctrines of the General Part

Stephen Shute and Andrew Simester (eds)

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.001.0001
Subject:
Law, Criminal Law and Criminology

Written by philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the ... More


Speech Matters: On Lying, Morality, and the Law

Seana Valentine Shiffrin

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691157023
eISBN:
9781400852529
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157023.001.0001
Subject:
Philosophy, Moral Philosophy

To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render ... More


Introduction

Seana Valentine Shiffrin

in Speech Matters: On Lying, Morality, and the Law

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691157023
eISBN:
9781400852529
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157023.003.0001
Subject:
Philosophy, Moral Philosophy

This book explores the relationship between discursive communication and moral agency, with the goal of unifying a variety of issues about communicative ethics, including issues about lying, ... More


Excuse

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/9780199207251.003.0008
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor ... More


Excuses

Jeff McMahan

in Killing in War

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199548668
eISBN:
9780191721045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548668.003.0003
Subject:
Philosophy, Moral Philosophy, Philosophy of Language

This chapter begins by offering two mutually compatible diagnoses of why the orthodox view has been perennially appealing. One is that the orthodox view makes sense as a matter of law and people tend ... More


Duress and Moral Progress

Seana Valentine Shiffrin

in Speech Matters: On Lying, Morality, and the Law

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691157023
eISBN:
9781400852529
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157023.003.0003
Subject:
Philosophy, Moral Philosophy

This chapter examines what moral obligations, if any, remain or are incurred when one promises under duress. In general, duress holds that unjustified or wrongfully exerted coercion entirely ... More


Excusing Addiction

Gary Watson

in Agency and Answerability: Selected Essays

Published in print:
2004
Published Online:
September 2010
ISBN:
9780199272273
eISBN:
9780191709968
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272273.003.0012
Subject:
Philosophy, Philosophy of Mind

Chapter 3 showed that we have good reason to believe that addiction impairs responsiveness to reasons and volitional control. This chapter considers whether this sort of impairment should ever ... More


Introduction

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0001
Subject:
Law, Criminal Law and Criminology

This introductory chapter explains why the law relating to killing in self-defence is an important topic for study. It also distinguishes self-defence from other conceptually similar defences, such ... More


The Further Travails of Duress

Ewan McKendrick

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0011
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines three aspects of duress. The first is the circumstances in which duress will suffice to entitle a party to set aside a contract and recover a benefit which has been conferred on ... More


Gray Zones: Diabolical Evil Revisited

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:
10.1093/0195145089.003.0010
Subject:
Philosophy, Aesthetics

This chapter proposes, and illustrates, with the idea of gray zones, a more historically accurate conception of diabolical evil than the one rejected by Kant: the deliberate and successful pursuit of ... More


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