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22Attempted HomicideLegal Theory 1 (2): 149-178. 1995.Criminal attempts, it is often said, are crimes of intention. While many complete crimes can be committed recklessly, criminal attempts require “purposive conduct”; in attempts “the intent is the essence of the crime.” But what kind of intention is required; what must be intended, or purposed, by someone who is to be guilty of a criminal attempt?
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21A Reply to BickenbachCanadian Journal of Philosophy 18 (4). 1988.Jerome Bickenbach has provided a fair and sympathetic account of my argument in Trials and Punishments, and has clarified some of the book’s obscurities - for which I am very grateful: I will focus my response on his main objection to my account of punishment, since I am not persuaded that the objection holds.Bickenbach argues that my ideal account of what punishment ought to be if it is to be adequately justified would actually show, if it succeeds, that criminal punishment cannot be justified …Read more
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19Philosophical Foundations of Criminal Law (edited book)Oxford University Press UK. 2011.25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived thr…Read more
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19How not to Define PunishmentPhilosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1). 2015.Download.
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19Symposium on Preventive Justice PrefaceCriminal Law and Philosophy 9 (3): 499-500. 2015.Ideas of prevention (the prevention of harms, or of wrongs, or of crimes) have always played a significant role in accounts of the proper aims of a system of criminal law, but in recent years they have come to play a more prominent and disturbing part in developments in criminal law policies—most obviously, but by no means only, in the USA and Britain. Governments have sought to meet (or to be seen to be meeting) a range of perceived threats, such as terrorism, organised crime, and various kinds…Read more
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18Liability and Responsibility: Essays in Law and MoralsPhilosophical Quarterly 43 (171): 266-268. 1993.
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18Book Review:The Urgings of Conscience: A Theory of Punishment. Jacob Adler (review)Ethics 104 (1): 181-. 1993.
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18Crimes, Regulatory Offences and Criminal TrialsIn Müller-Dietz H. (ed.), Festschrift für Heike Jung, Nomos Verlagsgesellschaft. pp. 87-98. 2007.First paragraph: The awesome range of Heike Jung’s work—over different aspects of criminal law, different jurisdictions and traditions, different disciplines and languages—makes life both easier and harder for contributors to his Festschrift: easier, because one can choose almost any criminal law topic and be confident that it will connect to his work; harder (for those with the British vices of monolingualism and intellectual parochialism), since one’s paper will display the linguistic, jurisdi…Read more
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18Responsibility, citizenship, and criminal lawIn Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law, Oxford University Press. pp. 125--148. 2011.
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16Lawrence A. Blum, "Friendship, Altruism and Morality" (review)Philosophical Quarterly 32 (27): 181. 1982.
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16What’s so Special about the Criminal Trial?Quaestio Facti. Revista Internacional Sobre Razonamiento Probatorio 5. 2023.This paper offers some further support to Sarah Summers’ argument, in «The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights», that we cannot separate process from outcome in the criminal trial—that the justification and legitimacy of the verdict (especially of a conviction) depends crucially on the procedure through which it was reached. Intuitive support for this view is found by considering the case of a guilty person who is convicted after a trial that denied him the opport…Read more
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15Criminal Responsibility and its HistoryCriminal Law and Philosophy 9 (3): 395-396. 2015.The original versions of the five papers in this Symposium were delivered and discussed at a workshop at the University of Minnesota Law School on Criminal Responsibility and its History. One of the aims of the workshop was to bring together scholars working on the history of the criminal law and scholars whose main focus is on issues in normative criminal law theory, to explore the ways in which they can learn from each other, and to promote a kind of dialogue between historical and normative t…Read more
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15Motives and Criminal LiabilityIn Philosophy and the Criminal Law: Principle and Critique, Cambridge University Press. pp. 156. 1998.
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14Not Just Deserts: A Republican Theory of Criminal JusticePhilosophical Review 102 (3): 438. 1993.
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14Penal communications: recent work in the philosophy of punishment'. Tonry 1996: 1-97. 1998a.'Principle and contradiction in the criminal law: motives and criminal liability'. Duff 1998c: 156-204. 1998b.'Law, language and community: some preconditions of criminal liability' (review)Oxford Journal of Legal Studies 18 (2): 189-206. 1996.
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13What kind of responsibility must criminal law presuppose?In Richard Swinburne (ed.), Free Will and Modern Science, Oup/british Academy. 2011.This chapter argues that the kind of responsibility that we must have, if the enterprise of criminal law and punishment is to be consistent with the demands of justice, is something much more modest, much less metaphysically ambitious, than the ‘ultimate’ responsibility that Strawson so persuasively denies in Chapter 8. If we are to be clear about the kind of responsibility that is relevant to criminal law, we must first be clear about the criminal law itself — about the kind of enterprise that …Read more
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13Solidarity and COVID-19: An IntroductionNetherlands Journal of Legal Philosophy 50 (2): 109-119. 2021.
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13Good and Evil and the Criminal LawIn Christopher Donald Cordner (ed.), Philosophy, Ethics and a Common Humanity, Routledge. pp. 68-81. 2011.
Areas of Specialization
Criminal Law |
Philosophy of Law, Miscellaneous |