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Full-Text Articles in Arts and Humanities
Some Doubts About Argument By Hypothetical, Paul H. Robinson
Some Doubts About Argument By Hypothetical, Paul H. Robinson
All Faculty Scholarship
In his paper, Why the Successful Assassin Is More Wicked than the Unsuccessful One, Leo Katz "pick[s] up the gauntlet [Sandy] Kadish throws down" to offer a nonconsequentialist justification for giving significance to resulting harm and, in particular, to justify the common practice of punishing attempts less than the completed offense. In one sense, I may not be the ideal person to serve as critic. I am not one of those who, like Kadish and others, does not believe in the significance of resulting harm in assessing blameworthiness (people whom Katz calls the "luck- skeptics" but to whom I will …
Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith
Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith
Journal Articles
This paper is a defense of utilitarian penology, against the familiar retributivist charge that it promotes framing the innocent, and other charges similarly depending on the notion that utilitarianism encourages officials to deceive the public. Our defense proceeds from the striking fact that utilitarianism's critics do not cite textual evidence that the originators of utilitarian penology in fact endorsed punishing the innocent or deceiving the public. Instead, critics claim that these unsavory policies follow logically from the premises of utilitarianism. Our argument, in brief, is that the charge of framing the innocent rests on a misunderstanding of utilitarian penology. We …
Rationality And Responsibility, Stephen J. Morse
Rationality And Responsibility, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Positivism And The Notion Of An Offense, Claire Oakes Finkelstein
Positivism And The Notion Of An Offense, Claire Oakes Finkelstein
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While the United States Supreme Court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. The asymmetry between substance and procedure seems natural given the demise of Lochner and the minimalist stance towards due process outside the area of fundamental rights. This Article, however, argues that the "positivistic" approach to defining criminal offenses stands in some tension with other basic principles, both constitutional and moral. In particular, two important constitutional guarantees depend on the notion of an offense: the presumption of innocence and the ban on double jeopardy. Under …
When The Rule Swallows The Exception, Claire Oakes Finkelstein
When The Rule Swallows The Exception, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz
Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz
All Faculty Scholarship
No abstract provided.
The Inefficiency Of Mens Rea, Claire Oakes Finkelstein
The Inefficiency Of Mens Rea, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
The Moral Metaphysics Of Causation And Results, Stephen J. Morse
The Moral Metaphysics Of Causation And Results, Stephen J. Morse
All Faculty Scholarship
No abstract provided.