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The Alleged Act Requirement in Criminal Law  

Douglas N. Husak

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter begins with some remarks about what it would mean for the criminal law to contain an act requirement, and then moves on to how this question, suitably clarified, might be ... More

Alternatives to Punishment  

Stephen P. Garvey

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter examines alternatives to punishment itself, not other forms of punishment. Those who say that people should end state punishment and replace it with something else are penal ... More

Attempts  

Andrew Ashworth

Print publication date:
Aug 2011
Online publication date:
Sep 2011
Criminal attempt is one of a small group of inchoate offenses that have an established place in most systems of criminal law. Full study of the law of attempts would lead into the depths ... More

Blackmail  

Mitchell N. Berman

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter presents an opinionated summary of the state of the literature. The first section clears ground by introducing distinctions, vocabulary, and simple hypotheticals, and also ... More

Capital Punishment  

Torbjörn Tännsjö

Print publication date:
Dec 2012
Online publication date:
Dec 2012
This chapter examines the issue of death in relation to capital punishment in homicide cases. It argues that there are indeed good reasons to adopt a death-penalty system for homicide ... More

Causation in the Criminal Law  

Michael Moore

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter notes that the law has a bafflingly large number of legal tests for causation. There is no universally accepted theory in the general part of the law of crimes. There are ... More

Causation in the Law  

Jane Stapleton

Print publication date:
Nov 2009
Online publication date:
Jan 2010
Previous accounts of ‘causation’ in the law are flawed by their failure to appreciate that causal language is used to express different information about the world. Because causal terms ... More

Criminalizing Expression: Hate Speech and Obscenity  

L. W. Sumner

Print publication date:
Aug 2011
Online publication date:
Sep 2011
Since many acts may be harmful, and since society has many other means for controlling or responding to conduct, criminal law should be used only when the harm caused or threatened is ... More

Culpability  

Larry Alexander

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter holds that the criminal law should necessarily be concerned with culpability. Two of its other working assumptions are: that criminal law should be primarily concerned with ... More

The Death Penalty and Deontology  

Carol Steiker

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter surveys the landscape of deontological or categorical objections to the practice of capital punishment. The sketch of the various possible approaches fills the vacuum left by ... More

Duress  

Joshua Dressler

Print publication date:
Aug 2011
Online publication date:
Sep 2011
Society has conflicting feelings about persons who commit crimes under duress. People are likely to view them as both victims and villains, and feel compassion for the coerced actor. ... More

Gender Issues in the Criminal Law  

Marcia W. Baron

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter focuses on philosophical questions in criminal law that have a significant gender component rather than on gender issues more generally, looking at three areas: self-defense, ... More

Hobbes (and Austin, and Aquinas) on Law as Command of the Sovereign  

Mark C. Murphy

Print publication date:
Mar 2016
Online publication date:
Dec 2013
Both Thomas Hobbes and John Austin identify civil law with commands issued by a sovereign; thus it is common to think of Austin’s theory of law as closely continuous with Hobbes’s view. ... More

Insanity Defenses  

Walter Sinnott-Armstrong and Ken Levy

Print publication date:
Aug 2011
Online publication date:
Sep 2011
Many infamous cases create the impression that political assassins can get off just by pleading insanity. That impression, however, is inaccurate, because many insanity pleas are not ... More

Interdisciplinarity in the Fields of Law, Justice, and Criminology  

Stuart Henry

Print publication date:
Jan 2017
Online publication date:
Mar 2017
Several models of interdisciplinarity exist in law, justice, and criminology. In law, knowledge integration is by hybridization with other disciplines (e.g., law and sociology); each ... More

The Intersection of Law, Ethics, and Public Health in the United States  

Stacie P. Kershner and Leslie E. Wolf

Law has played a critical role in the great public health achievements of the past century, including vaccination, seat belt use, water fluoridation, and tobacco control. Law continues to ... More

Justification and Excuse  

Kimberly Kessler Ferzan

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter notes that justifications appear to entail accepting responsibility but denying the conduct was wrongful or impermissible, whereas excuses admit the conduct was wrongful but ... More

Law and Natural Law  

Michael Baur

Print publication date:
Jan 2012
Online publication date:
May 2012
Aquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of ... More

Legal Philosophy in America  

Brian H. Bix

Print publication date:
Sep 2008
Online publication date:
Sep 2009
This article offers an overview of the major areas and approaches where American theorists have offered significant contributions to legal philosophy. The first section discusses American ... More

Legal Theory and the Rational Actor  

Claire. Finkelstein

Print publication date:
Feb 2004
Online publication date:
Sep 2009
The application of rational actor theory to the law has been dominated by the law and economics movement. Law and economics began as a methodology for approaching legal questions; this ... More

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