-
34The Philosophy of Criminal Law: Extending the Debates (review)Criminal Law and Philosophy 7 (2): 351-365. 2013.Larry Alexander and Peter Westen each critically examine different topics from my recent collection of essays, The Philosophy of Criminal Law. Alexander focuses on my “Rapes Without Rapists,” “Mistake of Law and Culpability,” and “Already Punished Enough.” Westen offers a more extended commentary on my “Transferred Intent.” I briefly reply to each critic in turn and try to extend the debates in new directions
-
78The Costs to Criminal Theory of Supposing that Intentions are Irrelevant to PermissibilityCriminal Law and Philosophy 3 (1): 51-70. 2009.I attempt to describe the several costs that criminal theory would be forced to pay by adopting the view (currently fashionable among moral philosophers) that the intentions of the agent are irrelevant to determinations of whether his actions are permissible (or criminal)
-
76Is the Distinction between Positive Actions and Omissions Value-Neutral?Tulane Studies in Philosophy 33 83-92. 1985.
-
71The Criminal Law as Last ResortOxford Journal of Legal Studies 24 (2): 207-235. 2004.In this article I examine one condition a minimalist theory of criminalization might contain: the criminal law should be used only as a last resort. I discuss how this principle should be interpreted and the reasons we have to accept it. I conclude that a theory of criminalization should probably include the (appropriately construed) last resort principle. But this conclusion will prove disappointing to those who hope to employ this principle to bring about fundamental reform in the substantive …Read more
-
11Ronald Dworkin and the Right to LibertyTaking Rights SeriouslyRonald DworkinEthics 90 (1): 121-130. 1979.
-
135Liberal Neutrality, Autonomy, and Drug ProhibitionsPhilosophy and Public Affairs 29 (1): 43-80. 2000.
-
21Review of John Kleinig, Ethics and Criminal Justice: An Introduction (review)Notre Dame Philosophical Reviews 2008 (9). 2008.
-
4Beyond the Justification/Excuse DichotomyIn Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff, Oxford University Press. 2011.
-
267Paternalism and ConsentIn Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care, Springer Verlag. 2015.
-
38The Sequential Principle of Relative Culpability: Douglas N. HusakLegal Theory 1 (4): 493-518. 1995.A rational defense of the criminal law must provide a comprehensive theory of culpability. A comprehensive theory of culpability must resolve several difficult issues; in this article I will focus on only one. The general problem arises from the lack of a systematic account of relative culpability. An account of relative culpability would identify and defend a set of considerations to assess whether, why, under what circumstances, and to what extent persons who perform a criminal act with a give…Read more
-
6Is the Distinction between Positive Actions and Omissions Value-Neutral?Tulane Studies in Philosophy 33 83-92. 1985.
-
21The function and structure of the substantive criminal law (review)Law and Philosophy 18 (1): 85-104. 1999.No Abstract