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Modes of Punishment

Rex Martin

in A System of Rights

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198292937
eISBN:
9780191599811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198292937.003.0011
Subject:
Political Science, Political Theory

The chapter suggests that there are three main modes of punishment (each with distinguishing features): (1) penalty, invoked against the offender; (2) compensation, to be paid to the victim of crime; ... More


Crime and Punishment

Mike W. Martin

in From Morality to Mental Health: Virtue and Vice in a Therapeutic Culture

Published in print:
2006
Published Online:
September 2006
ISBN:
9780195304718
eISBN:
9780199786572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195304713.003.0009
Subject:
Philosophy, Moral Philosophy

This chapter presents an integrated, moral-therapeutic perspective on crime and punishment. It begins by noting how the morality-therapy dichotomy constricted classical debates about punishment. ... More


‘I Was Not in My Senses, and a Man’s Senses Are Himself’: The Legal Defence of Insanity

Trish Ferguson

in Thomas Hardy's Legal Fictions

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.003.0003
Subject:
Literature, European Literature

This chapter examines Thomas Hardy’s legal fiction in the context of debates surrounding the changing definition of legal insanity during the nineteenth century. Focusing on the McNaughten Rules and ... More


Culpable Mind

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/9780199207251.003.0003
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter criticizes the character and choice theories of the culpable mind as incapable of justifying judicial punishment specifically as opposed to moral censure generally. It develops from ... More


Thomas Hardy's Legal Fictions

Trish Ferguson

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.001.0001
Subject:
Literature, European Literature

This book examines how Thomas Hardy’s role as an acting magistrate and his lifelong interest in the law impacted on his prose fiction. Hardy’s novels and short stories are examined in the context of ... More


Introduction

Trish Ferguson

in Thomas Hardy's Legal Fictions

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.003.0001
Subject:
Literature, European Literature

This book is about Thomas Hardy, an English novelist and poet whose legal career began in 1894 when he was appointed county magistrate, and his fiction in relation to legislative and literary ... More


Translating Scientific Evidence into the Language of the “Folk”: Executive Function as Capacity-Responsibility

Katrina L. Sifferd

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0008
Subject:
Philosophy, Moral Philosophy

There are legitimate worries about gaps between scientific evidence of brain function and legal criteria for determining criminal culpability. Behavioral evidence (such as arranging a getaway car) ... More


Responses and Appreciations

Michael S. Moore

in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198703242
eISBN:
9780191773068
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703242.003.0023
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter responds to each of the twenty-one articles making up the body of the volume. In the order in which the book proceeds, the topics covered are: general themes of the body of Moore’s work, ... More


Moore on the Mind

Stephen J. Morse

in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198703242
eISBN:
9780191773068
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703242.003.0016
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter addresses the many topics concerning the mind that Michael Moore has written about for many decades, including the metaphysics of mind and action, the act requirement in criminal law, ... More


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