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‘Contextualizing’ Blame

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0006
Subject:
Law, Comparative Law, Philosophy of Law

This chapter examines an alternative revisionist approach to criminal justice thinking by focusing on the work of Antony Duff. The Kantian problematic encourages both defensive rationalisation of a ... More


Relations of Responsibility

John Gardner

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter assesses some aspects of Antony Duff's relational theory of responsibility in the criminal law. It discusses the relationality of the very concept of responsibility. On this front there ... More


Dialogue

Kimberley Brownlee

in Conscience and Conviction: The Case for Civil Disobedience

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199592944
eISBN:
9780191746109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592944.003.0008
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter focuses on punishment. It contrasts the communicative ambitions of state punishment with those of civil disobedience, and identifies three problems for the former. Monistic communicative ... More


The Limits of Kantian Justice

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0002
Subject:
Law, Comparative Law, Philosophy of Law

This chapter looks at current debates in criminal justice thinking and identifies dialectical themes of connection and false separation. It proceeds by employing a method of immanent critique to show ... More


On What’s Intentionally Done

JENNIFER HORNSBY

in Action and Value in Criminal Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198258063
eISBN:
9780191681783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258063.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter raises the question of how far some recent philosophy of action assists in explicating the moral psychological notions that are of concern in jurisprudence. The focus of the overall ... More


Making Criminal Law Known

PETER ALLDRIDGE

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0005
Subject:
Law, Criminal Law and Criminology

Criminal statutes specify the necessary and sufficient conditions under which a conviction may be returned. Frequently, definitions of crimes are difficult for anyone not a lawyer to understand. If ... More


Retrieving Subjectivity: Criminal Law, Terrorism, and the Limits of Political Community

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0006
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter examines the limits of the emancipatory aspirations found within liberal criminal law, through a discussion of the challenges posed to the liberal model of criminal law by terrorism. It ... More


On Criminal and Moral Responsibility

David Shoemaker

in Oxford Studies in Normative Ethics: Volume 3

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685905
eISBN:
9780191765803
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685905.003.0008
Subject:
Philosophy, Moral Philosophy

The aim of this chapter is to investigate the underexplored relation between criminal and moral responsibility. Most Anglo-American legal and moral theorists simply assume the two related tenets that ... More


Literature, Genocide, and the Philosophy of International Law

Raimond Gaita

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0008
Subject:
Law, Criminal Law and Criminology

Most philosophers believe that art, perhaps literature especially, has something to offer moral philosophy, imaginative examples most importantly. Fewer philosophers believe that it has much to ... More


Individualizing Blame

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0005
Subject:
Law, Comparative Law, Philosophy of Law

This chapter discusses criminal justice thinking and its problems as a localised form of identity thinking. Criminal justice thinking draws on a Kantian individual, who is autonomous, responsible ... More


Can Neurointerventions Communicate Censure?: (And So What If They Can’t?)

David Birks

in Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198758617
eISBN:
9780191818530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198758617.003.0020
Subject:
Philosophy, Moral Philosophy

According to some philosophers, a necessary condition of morally permissible punishment is that it communicates deserved censure for the offender’s wrongdoing. The author calls this the Communicative ... More


Religious Fictionalism and Pascal’s Wager

Stuart Brock

in Fictionalism in Philosophy

Published in print:
2020
Published Online:
January 2020
ISBN:
9780190689605
eISBN:
9780190689636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190689605.003.0011
Subject:
Philosophy, Logic/Philosophy of Mathematics, Philosophy of Language

This chapter is a re-examination of Pascal’s famous pragmatic argument (Pascal’s Wager) in support of wagering for God, first introduced in Pensées, Part III, §233. It is, in part, a consideration of ... More


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