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

Joel Feinberg

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195155266
eISBN:
9780199833177
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195155262.001.0001
Subject:
Philosophy, General

This collection of essays is united by a common concern with basic questions pertaining to law and morality and the relation between the two. The first essay considers whether judges must appeal to ... More


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


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


Accommodating the Dead: Hamlet and the Ends of Revenge

Michael Neill

in Issues of Death: Mortality and Identity in English Renaissance Tragedy

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198183860
eISBN:
9780191674112
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198183860.003.0008
Subject:
Literature, Drama, 16th-century and Renaissance Literature

Death assumes a variety of guises in Hamlet. Robert Watson argues that Hamlet, like all revenge tragedies, embodies a fantasy of overcoming death, its perennially compelling power deriving from ‘the ... More


Passive Resistance to Active Rebellion: From Trifles to The Verge

Veronica Makowsky

in Susan Glaspell's Century of American Women: A Critical Interpretation of Her Work

Published in print:
1993
Published Online:
October 2011
ISBN:
9780195078664
eISBN:
9780199855117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195078664.003.0005
Subject:
Literature, Drama

Susan Glaspell is well known for the widely anthologized Trifles (1916), and many critics treat the plays as her greatest works because they are an exciting and innovative contribution to American ... More


Criminal Entrapment: Instigating the Unpredisposed

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:
10.1093/0195155262.003.0003
Subject:
Philosophy, General

The focus of this chapter is the conflict between various analyses of criminal entrapment. The question is who is the culprit when circumstances are arranged by police so that a person freely chooses ... More


The Language of Bribery Cases

Roger W. Shuy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199945139
eISBN:
9780199345922
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199945139.001.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

The Language of Bribery Cases describes ten bribery-related court cases for which Roger W. Shuy served as an expert language witness. The cases described include the bribery or alleged ... More


Internet Sex Offenders

Charles Patrick Ewing

in Justice Perverted: Sex Offense Law, Psychology, and Public Policy

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199732678
eISBN:
9780199894550
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199732678.003.0004
Subject:
Psychology, Forensic Psychology

This chapter examines laws, sentences, and law enforcement methods applicable to individuals who use or attempt to use the Internet as a means of arranging sexual encounters with minors, mostly ... More


Exploring Entrapment

Mike Redmayne

in Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.003.0010
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Entrapment is a tactic used by law enforcement agencies whereby a person is encouraged to commit a crime so that he can be prosecuted for it. It is a controversial strategy, because the state seems ... More


Fun with Dick and Jane

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0004
Subject:
Law, Philosophy of Law

Feminists and others suspect that there is something troubling about applying the reasonable person standard to women. A group of court cases that involves judging the reasonableness of the behaviour ... More


Testing Fidelity to Legal Values: Official Involvement and Criminal Justice

ANDREW ASHWORTH

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/9780199243495.003.0013
Subject:
Law, Criminal Law and Criminology

Some defences, such as duress and necessity, do not rest on the absence of mens rea or actus reus. Various defences derive their strength chiefly from the absence of mens rea but have been developed ... More


Entrapment and Retributive Theory

Mark Tunick

in Retributivism: Essays on Theory and Policy

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199752232
eISBN:
9780199895342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199752232.003.0010
Subject:
Law, Criminal Law and Criminology

It is often argued that retributivists must oppose the entrapment defense for various reasons (such as that entrapped defendants have nonetheless broken the law), but this chapter explores some ... More


Neuropathic pruritus

Zbigniew Zylicz

in Pruritus in Advanced Disease

Published in print:
2004
Published Online:
November 2011
ISBN:
9780198525103
eISBN:
9780191730238
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198525103.003.0010
Subject:
Palliative Care, Patient Care and End-of-Life Decision Making

This chapter discusses neuropathic pruritus, a term used for pruritus that originates anywhere in the central nervous system (CNS). This occurs as a result of neurotransmitters acting on the intact ... More


Blake’s America, the Prophecy that Failed: William Blake (1757–1827)

Kenneth R. Johnston

in Unusual Suspects: Pitt's Reign of Alarm and the Lost Generation of the 1790s

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199657803
eISBN:
9780191771576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657803.003.0018
Subject:
Literature, 18th-century Literature, 19th-century Literature and Romanticism

William Blake was arrested for seditious utterance at Felpham in Sussex in 1803, amid fears of a French invasion all along the English Channel coast. He was acquitted in a trial presided over by the ... More


Entrapment and the “Free Market” for Crime

Louis Michael Seidman

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0023
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative overview of the entrapment defense and the “free market” for crime. It considers the Supreme Court case Lochner v. New York to gain a real understanding of ... More


Discretionary Exclusion of Confessions and Other Evidence—Specific Cases

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0015
Subject:
Law, Criminal Law and Criminology

This chapter deals with exclusionary discretion of confessions and other evidence. It examines the authorities concerned with exclusion under section 78(1) of the Police and Criminal Evidence Act ... More


Principles of Adjudication: Doctrines of Excuse

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0015
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter reviews studies on community views on disability excuses, namely insanity, immaturity and involuntary intoxication, and duress and entrapment defenses. The disability caused by mental ... More


A Fear of Slipping: A Cultural Politics of Class

Elsa Davidson

in The Burdens of Aspiration: Schools, Youth, and Success in the Divided Social Worlds of Silicon Valley

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814720875
eISBN:
9780814785065
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814720875.003.0005
Subject:
Education, Educational Policy and Politics

This chapter examines the political, social, and economic milieu of Silicon Valley's established professional middle class. In particular, it considers the ways in which these middle-class ... More


The Politics of International Friendship

P.E. Digeser

in Friendship Reconsidered: What It Means and How It Matters to Politics

Published in print:
2016
Published Online:
January 2017
ISBN:
9780231174343
eISBN:
9780231542111
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231174343.003.0010
Subject:
Philosophy, Political Philosophy

Responds to cosmopolitan and realist objections that can be made to international friendship. Drawing on Derrida, a politics of international friendship is likely to be part of such a practice.


Coming of Age under Surveillance: Surveillance Effects and the Post-9/11 Culture Wars

Sunaina Marr Maira

in The 9/11 Generation: Youth, Rights, and Solidarity in the War on Terror

Published in print:
2016
Published Online:
May 2017
ISBN:
9781479817696
eISBN:
9781479866069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479817696.003.0006
Subject:
Society and Culture, Cultural Studies

This chapter examines the role of surveillance in the post-9/11 culture wars, as a racial and gendered project that targets Muslim and Arab youth, especially young males. These youth have grown up in ... More


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