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4"Rights, Goods, and Democracy" by Ramon M. Lemos (review)Philosophy and Phenomenological Research 49 (3): 541. 1989.
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64Killing, letting die and euthanasiaJournal of Medical Ethics 5 (4): 200-202. 1979.Medical ethicists debate whether or not the moral assessment of cases of euthanasia should depend on whether the patient is 'killed' or 'allowed to die'. The usual presupposition is that a clear distinction between killing and letting die can be drawn so that this substantive question is not begged. I contend that the categorisation of cases of instances of killing rather than as instances of letting die depends in part on a prior moral assessment of the case. Hence is it trivially rather than s…Read more
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135Liberal Neutrality, Autonomy, and Drug ProhibitionsPhilosophy and Public Affairs 29 (1): 43-80. 2000.
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21Review of John Kleinig, Ethics and Criminal Justice: An Introduction (review)Notre Dame Philosophical Reviews 2008 (9). 2008.
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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.
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267Paternalism and ConsentIn Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care, Springer Verlag. 2015.
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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
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6Is the Distinction between Positive Actions and Omissions Value-Neutral?Tulane Studies in Philosophy 33 83-92. 1985.
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21The function and structure of the substantive criminal law (review)Law and Philosophy 18 (1): 85-104. 1999.No Abstract
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133Guns and drugs: Case studies on the principled limits of the criminal sanction (review)Law and Philosophy 23 (5). 2004.
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7Drugs and RightsCambridge University Press. 1992.This important book was the first serious work of philosophy to address the question: Do adults have a moral right to use drugs for recreational purposes? Many critics of the 'war on drugs' denounce law enforcement as counterproductive and ineffective. Douglas Husak argues that the 'war on drugs' violates the moral rights of adults who want to use drugs for pleasure, and that criminal laws against such use are incompatible with moral rights. This is not a polemical tract but a scrupulously argue…Read more
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9Richard Henson, 1925-2007Proceedings and Addresses of the American Philosophical Association 81 (2). 2007.
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An alleged act requirement in the criminal lawIn John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law, Oxford University Press. 2011.
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119Mistake of Law and CulpabilityCriminal Law and Philosophy 4 (2): 135-159. 2010.When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may be about. I discu…Read more