•  11
    Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility mu…Read more
  •  1
    Action and Criminal Responsibility
    In Timothy O'Connor & Constantine Sandis (eds.), A Companion to the Philosophy of Action, Wiley‐blackwell. 2010.
    This chapter contains sections titled: Actions and the Criminal Law Objects or Conditions of Criminal Responsibility? Actions and (Voluntary) Acts Abandoning the Act Requirement? An Action Presumption? References.
  •  6
    Solidarity and COVID-19: An Introduction
    with Wouter Veraart and Lukas van den Berge
    Netherlands Journal of Legal Philosophy 50 (2): 109-119. 2021.
  •  16
    Liability and Responsibility: Essays in Law and Morals
    Philosophical Quarterly 43 (171): 266-268. 1993.
  •  33
    The Ethics of Homicide
    Philosophical Quarterly 30 (120): 273. 1980.
  •  160
    Public and Private Wrongs
    In James Chalmers, Fiona Leverick & Lindsay Farmer (eds.), Essays in Criminal Law in Honour of Sir Gerald Gordon, Edinburhg University Press. pp. 70-85. 2010.
    Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against D the defendant. It is brought,…Read more
  •  12
    Citizens in Prison
    Netherlands Journal of Legal Philosophy 43 (1): 3-6. 2014.
  •  2
    Citizens and their Guests
    Netherlands Journal of Legal Philosophy 51 (2): 81-83. 2022.
  •  3
    Law and its Presuppositions: Actions, Agents and Rules
    Philosophical Quarterly 38 (152): 378-381. 1988.
  •  6
    Friendship, Altruism, and Morality
    Philosophical Quarterly 32 (127): 181-184. 1982.
  •  22
    Virtues and Vices
    Philosophical Quarterly 30 (118): 86-88. 1980.
  •  7
    Moral Dilemmas
    Philosophical Quarterly 39 (155): 240-242. 1989.
  •  34
    [Book review] equality, responsibility, and the law (review)
    Ethics 111 (3): 644-648. 1999.
    This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as dis…Read more
  •  15
    What’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
  • Criminal law
    In John Tasioulas (ed.), The Cambridge Companion to the Philosophy of Law, Cambridge University Press. 2020.
  •  6
    Who Must Presume Whom to Be Innocent of What?
    Netherlands Journal of Legal Philosophy 42 (3): 170-192. 2013.
  •  36
    Presumptions Broad and Narrow
    Netherlands Journal of Legal Philosophy 42 (3): 268-274. 2013.
  •  6
    ‘De Minimis’ and the Structure of the Criminal Trial
    Law and Philosophy 42 (1): 57-86. 2022.
    The Model Penal Code’s ‘De Minimis’ provisions (§ 2.12) cover different kinds of case in which, for reasons of equity, a prosecution should be dismissed. An exploration of these different cases illuminates some general issues about the structure of the criminal process, and about the processes of criminalization. These include the significance of the difference between dismissing a case and acquitting the defendant, and of the distinction between offences and defences; whether criminal offences …Read more
  •  6
    Introduction
    with Alec Walen
    Law and Philosophy 41 (2): 167-168. 2022.
  •  19
    Criminal Law, Civil Order and Public Wrongs
    Law, Ethics and Philosophy 7. 2019.
  •  20
    Criminal Law Exceptionalism: Introduction
    with Christoph Burchard
    Criminal Law and Philosophy 17 (1): 3-4. 2023.
    Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the dark sides of …Read more
  • Core Concepts in Criminal Law and Criminal Justice: Volume 2 (edited book)
    with Kai Ambos, Alexander Heinze, Julian Roberts, and Thomas Weigend
    Cambridge University Press. 2022.
    The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the sec…Read more
  •  33
    Is Criminal Law ‘Exceptional’?
    Criminal Law and Philosophy 17 (1): 39-48. 2023.
  • Psychopathy and answerability
    In Luca Malatesti & John McMillan (eds.), Responsibility and Psychopathy: Interfacing Law, Psychiatry and Philosophy, Oxford University Press. 2010.