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Ethics and Political Philosophy Commons™
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- Criminal Law and Procedure (2)
- Criminal Sentencing (2)
- Law and Society (2)
- Criminal law (1)
- Deeds theory (1)
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- Discretion (1)
- Evidence (1)
- Ex post facto (1)
- Fair notice (1)
- Justification defenses (1)
- Legality (1)
- Moral and Political Philosophy (1)
- Objective theory of justification (1)
- Reasons theory (1)
- Social Science and the Law (1)
- Social Welfare (1)
- Strict construction (1)
- Subjective theory of justification (1)
- Unavoidable uncertainty (1)
- Vagueness (1)
Articles 1 - 4 of 4
Full-Text Articles in Ethics and Political Philosophy
Fair Notice And Fair Adjudication: Two Kinds Of Legality, Paul H. Robinson
Fair Notice And Fair Adjudication: Two Kinds Of Legality, Paul H. Robinson
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We distinguish our form of government and our legal system from others by our commitment to the rule of law. In the criminal law, in particular, this commitment is aggressively enforced through a series of doctrines that taken together demand a prior legislative enactment of a prohibition expressed with precision and clarity, traditionally bannered as the legality principle. But it is argued in this article that the traditional legality principle analysis conflates two distinct issues: one relating to the ex ante need for fair notice, the other to the ex post concern for fair adjudication. There are in fact two …
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
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No abstract provided.
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
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The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …
Justification Defenses In Situations Of Unavoidable Uncertainty: A Reply To Professor Ferzan, Paul H. Robinson
Justification Defenses In Situations Of Unavoidable Uncertainty: A Reply To Professor Ferzan, Paul H. Robinson
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The objective (or "deeds") theory of justification has been attacked on the ground that one can never know for sure whether the circumstances for justification actually exist. One can only speculate as to whether the conditions exist. This is true not only for the actor at the time of the conduct for which a justification is sought but can also be true for the adjudicator after all available evidence has been gathered. The attack contains a useful insight about the nature of justifying circumstances: they necessarily contain some degree of unavoidable uncertainty. But it does not follow from this insight …