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Malum Prohibitum and Retributivism *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0017
Subject:
Law, Philosophy of Law

Familiar attempts to justify the punishment of criminals often presuppose that they have committed a malum in se offense. This chapter critically investigates what might justify punishing persons who ... More


Malum Prohibitum and Retributivism

Douglas Husak

in Defining Crimes: Essays on The Special Part of the Criminal Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199269228
eISBN:
9780191710100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269228.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter expands the analysis of the special part of criminal law by including mala prohibita offenses. It critically discusses the few attempts undertaken by legal philosophers to explain why ... More


Mala Prohibita

Christopher Heath Wellman

in Rights Forfeiture and Punishment

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190274764
eISBN:
9780190274788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190274764.003.0007
Subject:
Philosophy, Political Philosophy, Moral Philosophy

Mala prohibita crimes raise difficult questions for forfeiture theorists who believe that one does not forfeit any rights unless one violates a right, because it is not obvious whose right the mala ... More


Refinements, Qualifications, Complexities

Douglas Husak

in Ignorance of Law: A Philosophical Inquiry

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190604684
eISBN:
9780190604714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190604684.003.0005
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter contains four parts that introduce a number of refinements, qualifications, and complexities that provide further content to an ideal theory of ignorance of law. In the first part, I ... More


Defining Crimes: Essays on The Special Part of the Criminal Law

R.A. Duff and Stuart Green (eds)

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199269228
eISBN:
9780191710100
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269228.001.0001
Subject:
Law, Criminal Law and Criminology

This collection of essays, tackles a range of issues about the criminal law's ‘special part’ — the part of the criminal law that defines specific offences. One of its aims is to show the importance, ... More


Retributive Sentencing, Multiple Offenders, and Bulk Discounts

Richard L. Lippke

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/9780199752232.003.0012
Subject:
Law, Criminal Law and Criminology

This chapter considers the problem posed by individuals who have been convicted of multiple criminal offenses but whose total punishment, if their sentences are served consecutively, seems excessive. ... More


Criminalization and Civil Order

R A Duff

in The Realm of Criminal Law

Published in print:
2018
Published Online:
August 2018
ISBN:
9780199570195
eISBN:
9780191859595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199570195.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter explains the ‘public wrongs’ criminalization principle. However, criminalization is one among various possible responses to public wrongs: so we must ask whether we have good reason to ... More


Reasons to Criminalize

Vincent Chiao

in Criminal Law in the Age of the Administrative State

Published in print:
2018
Published Online:
December 2018
ISBN:
9780190273941
eISBN:
9780190273965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190273941.003.0005
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter extends the public law conception to the theory of criminalization. The first half of the chapter is devoted to considering whether the criminal law has a privileged subject matter or ... More


Regulatory Offenses

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0021
Subject:
Law, Philosophy of Law, Employment Law

This chapter focuses on those penal statutes that make it a crime to engage in prohibited conduct, subject to regulation, that would not be viewed as entailing significant moral wrongfulness ... More


Rights Forfeiture and Punishment

Christopher Wellman

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190274764
eISBN:
9780190274788
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190274764.001.0001
Subject:
Philosophy, Political Philosophy, Moral Philosophy

In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those of us who seek to defend the moral permissibility of punishment should shift our focus from general justifying aims to ... More


Playing Fair with Punishment: Elaboration and Defense

Richard Dagger

in Playing Fair: Political Obligation and the Problems of Punishment

Published in print:
2018
Published Online:
June 2018
ISBN:
9780199388837
eISBN:
9780199388851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199388837.003.0007
Subject:
Political Science, Political Theory, American Politics

Chapter 6 turns from the explication and defense of legal punishment as a general practice to the task of developing and defending the fair-play theory of punishment in particular. As developed by ... More


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