•  9
    Criminal Law Theory: Introduction
    with Alon Harel and Re’em Segev
    Criminal Law and Philosophy 1-4. forthcoming.
    This is an introduction to the special issue on criminal law theory.
  •  9
    Criminally Ignorant – an invitation for broader evaluation
    Jurisprudence 12 (2): 226-235. 2021.
    ABSTRACT Although there is much to commend in Sarch's Criminally Ignorant: Why the Law Pretends We Know What We Don't, in this piece, I invite Sarch to expand on his analysis by considering how English doctrine diverges from the US doctrine he takes as foundational, and raise some doubts by putting pressure on the theory of culpability that motivates his views on how ignorance supplies culpability. In particular, (a) I question his defence of a motive-insensitive theory of culpability, (b) set o…Read more
    Law
  •  5
    Justifications and Rights-Displacements
    Criminal Law and Philosophy 1-17. forthcoming.
    In articles published ten years apart in 2011 and 2021, Gur-Arye argues that when considering an agent’s explanation for doing something that looks, prima facie, like a criminal offence, we should distinguish between a plea of justification, and an assertion that one acted within one’s power. The former explains an agent’s reasons for having committed a pro tanto offence (i.e., actus reus + mens rea). The latter is a denial that the agent committed any pro tanto offence at all. In this piece, I …Read more