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Conceptualizing the Duty to Prosecute under Human Rights Treaties

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0006
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Since the growing emphasis on the proper administration of justice inevitably leads to a supervisory role of international courts in the analysis of domestic criminal law and procedure, there is a ... More


Punishment and Responsibility: Essays in the Philosophy of Law

H.L.A. Hart

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its ... More


Vindictiveness and the Law

Jeffrie G. Murphy

in Getting Even: Forgiveness and Its Limits

Published in print:
2005
Published Online:
October 2011
ISBN:
9780195178555
eISBN:
9780199850129
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195178555.003.0004
Subject:
Philosophy, Moral Philosophy

Feeling vindictive is one thing, but seeking vengeance personally or through the law is completely different. This is the subject of this chapter. It explores the idea of victim vindictiveness and ... More


PUNISHMENT AND THE ELIMINATION OF RESPONSIBILITY

H. L. A. Hart

in Punishment and Responsibility: Essays in the Philosophy of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.003.0007
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter discusses the issue of punishment and the importance of the principle of responsibility. It identifies two areas where punishment looks backward rather than forward: the conviction by a ... More


PROLEGOMENON TO THE PRINCIPLES OF PUNISHMENT

H. L. A. Hart

in Punishment and Responsibility: Essays in the Philosophy of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.003.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter provides a framework for the discussion of the mounting perplexities which now surround the institution of criminal punishment. It shows that any morally tolerable account of this ... More


Christianity and Criminal Punishment

Jeffrie G. Murphy

in Getting Even: Forgiveness and Its Limits

Published in print:
2005
Published Online:
October 2011
ISBN:
9780195178555
eISBN:
9780199850129
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195178555.003.0010
Subject:
Philosophy, Moral Philosophy

The issue of criminal punishment is explained in detail in this chapter. The belief that Christian-based forgiveness is incompatible with all punishment is argued to be mistaken. How it poses an ... More


MURDER AND THE PRINCIPLES OF PUNISHMENT: ENGLAND AND THE UNITED STATES

H. L. A. Hart

in Punishment and Responsibility: Essays in the Philosophy of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.003.0003
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter examines murder and punishment in England and the United States. It considers the chief differences in the law and penological ideas concerning murder in the two countries. It looks at ... More


Crime and Impunity

Hyman Gross

in Crime and Punishment: A Concise Moral Critique

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.003.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter explores the notions of crime and impunity. Criminal punishment is a terrible source of human misery. Thus, its reduction represents moral progress, and it should be carried on generally ... More


Criminal Law and Procedure

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on criminal law and procedure in Mexico. It begins by examining the historical background and sources of criminal law, and this is followed by a discussion on judicial precedent ... More


LEGAL RESPONSIBILITY AND EXCUSES

H. L. A. Hart

in Punishment and Responsibility: Essays in the Philosophy of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter draws attention to the analogy between conditions that are treated by criminal law as excusing conditions and certain similar conditions that are treated in another branch of the law as ... More


Repentance, Punishment, and Mercy

Jeffrie G. Murphy

in Getting Even: Forgiveness and Its Limits

Published in print:
2005
Published Online:
October 2011
ISBN:
9780195178555
eISBN:
9780199850129
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195178555.003.0006
Subject:
Philosophy, Moral Philosophy

The focus of this chapter is to examine the concept of repentance in contemporary thinking and realities. To facilitate such an objective, a detailed analysis of repentance is discussed. Its relation ... More


Theories of Criminal Punishment

Michael S. Pardo and Dennis Patterson

in Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199812134
eISBN:
9780199368594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812134.003.0007
Subject:
Law, Philosophy of Law, Medical Law

This chapter examines two different challenges neuroscience purports to present for retribution-based theories of criminal punishment. The first challenge focuses on information about the brains of ... More


INTENTION AND PUNISHMENT

H. L. A. Hart

in Punishment and Responsibility: Essays in the Philosophy of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.003.0005
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter focuses on the place which the criminal law of most countries allocates to the idea of intention — as one of the principal determinants both of liability to punishment and of its ... More


Democracy and the Governance of Criminal Punishment

E.Zimring Franklin, Gordon Hawkins, and Sam Kamin

in Punishment and Democracy: Three Strikes and You're Out in California

Published in print:
2003
Published Online:
March 2012
ISBN:
9780195171174
eISBN:
9780199849765
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195171174.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter addresses the question of what should be the appropriate means for setting penalties in a political democracy. It first defines terms and describes the allocation of power in the ... More


Sufficiently Good Reason

Hyman Gross

in Crime and Punishment: A Concise Moral Critique

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.003.0002
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter analyzes the justification for criminal punishment. Criminal punishment is the most powerful and the most widely used device that the law has at its disposal, as well as the crudest and ... More


Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe

James Q. Whitman

Published in print:
2005
Published Online:
March 2012
ISBN:
9780195182606
eISBN:
9780199850266
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195182606.001.0001
Subject:
Law, Criminal Law and Criminology

Criminal punishment in America is harsh and degrading—more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. ... More


Crimes as Pretexts for Improvement

Hyman Gross

in Crime and Punishment: A Concise Moral Critique

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.003.0004
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter looks at those accounts of punishment that take the commission of a crime as warranting a response intended to prevent crimes in the future. The literature on deterrence can fairly be ... More


Crimes as Demands for a Remedy

Hyman Gross

in Crime and Punishment: A Concise Moral Critique

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.003.0005
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter looks at the positions taken by those who are concerned about the untoward state of affairs that a crime creates, and especially at their view of the remedy that punishment is said to ... More


“Deserve Ain’t Got Nothing to Do with It”: The Deconstruction of Moral Justifications for Punishment through The Wire

Kristin Henning

in Punishment in Popular Culture

Published in print:
2015
Published Online:
September 2016
ISBN:
9781479861958
eISBN:
9781479878680
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479861958.003.0004
Subject:
Sociology, Law, Crime and Deviance

In this chapter, Kristin Henning draws on punishment theory to provide a framework for analyzing the television program The Wire, with its narrative of moral deficits in contemporary criminal ... More


NEGLIGENCE, MENS REA, AND CRIMINAL RESPONSIBILITY

H. L. A. Hart

in Punishment and Responsibility: Essays in the Philosophy of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.003.0006
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter reviews Dr. Turner's famous essay on negligence, The Mental Element in Crimes at Common Law. The chapter then argues that Turner's conclusions about the place of negligence in the common ... More


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