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Internal Constraints on Criminalization

Douglas Husak

in Overcriminalization: The Limits of the Criminal Law

Published in print:
2007
Published Online:
January 2008
ISBN:
9780195328714
eISBN:
9780199869947
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328714.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter argues that the criminal law itself, and especially its so‐called “general part,” is the source of four internal constraints on the authority of the state to enact and enforce penal ... More


The Normative Classification of Legal Results

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0005
Subject:
Philosophy, Political Philosophy

This chapter draws a formal distinction between optimal and suboptimal results and uses that distinction to define suboptimal-result cases: cases in which the judge would have an ... More


Contractarian Criminal Law Theory and Mala Prohibita Offences

Susan Dimock

in Criminalization: The Political Morality of the Criminal Law

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198726357
eISBN:
9780191793677
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726357.003.0006
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The topic of this chapter is the justification of malum prohibitum offences within a theory of criminalization requiring that conduct be wrongful if it is to be properly prohibited. It argues that ... More


Cultivating motives for compliance

Ian MacMullen

in Civics Beyond Critics: Character Education in a Liberal Democracy

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198733614
eISBN:
9780191797996
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198733614.003.0002
Subject:
Political Science, Political Theory

This chapter conceptualizes the various ways in which education could promote law-abidingness. Section 2.1 argues that there are eight types of reason for compliance with laws because there are three ... More


Practical Reasons and Judicial Use of Force

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0002
Subject:
Philosophy, Political Philosophy

This chapter presents an account of judicial authority based on the natural rights and duties of judges. In a state of nature, individuals have duties of nonmaleficence, samaritan rights, and rights ... More


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