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3609Symposium. The Apology RitualTeorema: International Journal of Philosophy 31 (2). 2012.Symposium on Christopher Bennet's The Apology Ritual. A Philosophical Theory of Punishment [Cambridge University Press, 2008].
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Beccaria's Contractarian Criminal Law : jurisdiction, punishments and rewardsIn Antje Du Bois-Pedain & Shaḥar Eldar (eds.), Re-reading Beccaria: on the contemporary significance of a penal classic, Hart. 2022.
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36Reporting Crimes and Arresting Criminals: Citizens’ Rights and Responsibilities Under Their Criminal LawCriminal Law and Philosophy 18 (2): 557-577. 2024.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
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5Action and Criminal ResponsibilityIn 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.
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15Solidarity and COVID-19: An IntroductionNetherlands Journal of Legal Philosophy 50 (2): 109-119. 2021.
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18Liability and Responsibility: Essays in Law and MoralsPhilosophical Quarterly 43 (171): 266-268. 1993.
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46Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal LawPhilosophical Quarterly 41 (164): 378. 1991.
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186Public and Private WrongsIn 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
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4Law and its Presuppositions: Actions, Agents and RulesPhilosophical Quarterly 38 (152): 378-381. 1988.
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40[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
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17What’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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Responsible agency in the criminal processIn Allan McCay & Michael Sevel (eds.), Free Will and the Law: New Perspectives, Routledge. 2019.
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Criminal lawIn John Tasioulas (ed.), The Cambridge Companion to the Philosophy of Law, Cambridge University Press. 2020.
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11Who Must Presume Whom to Be Innocent of What?Netherlands Journal of Legal Philosophy 42 (3): 170-192. 2013.
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Beccaria's Contractarian Criminal Law : jurisdiction, punishments and rewardsIn Antje Du Bois-Pedain & Shaḥar Eldar (eds.), Re-reading Beccaria: on the contemporary significance of a penal classic, Hart. 2022.
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11‘De Minimis’ and the Structure of the Criminal TrialLaw 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
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25Criminal Law Exceptionalism: IntroductionCriminal 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
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Core Concepts in Criminal Law and Criminal Justice: Volume 2 (edited book)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
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Psychopathy and answerabilityIn Luca Malatesti & John McMillan (eds.), Responsibility and Psychopathy: Interfacing Law, Psychiatry and Philosophy, Oxford University Press. 2010.
Areas of Specialization
Criminal Law |
Philosophy of Law, Miscellaneous |