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University of Pennsylvania Carey Law School

Criminal Law and Procedure

Ethics and Political Philosophy

Articles 1 - 15 of 15

Full-Text Articles in Law

Punishment As Contract, Claire Oakes Finkelstein Jan 2011

Punishment As Contract, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

This paper provides a sketch of a contractarian approach to punishment, according to a version of contractarianism one might call “rational contractarianism,” by contrast with the normative contractarianism of John Rawls. Rational contractarianism suggests a model according to which rational agents, with maximal, rather than minimal, knowledge of their life circumstances, would agree to the outlines of a particular social institution or set of social institutions because they view themselves as faring best in such a society governed by such institutions, as compared with a society governed by different institutional schemes available for adoption. Applied to the institution of punishment ...


Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis Jan 2010

Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis

Faculty Scholarship at Penn Law

No abstract provided.


Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz Jan 2008

Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz

Faculty Scholarship at Penn Law

What relation do the various parts of a plan bear to the overall aim of the plan? In this essay we consider this question in the context of two very different problems in the criminal law. The first, known in the German criminal law literature as the Actio Libera in Causa, involves defendants who contrive to commit crimes under conditions that would normally afford them a justification or excuse. The question is whether such defendants should be allowed to claim the defense when the defense is itself either contrived or anticipated in advance. The second is what we call the ...


Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer Jan 2005

Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Responsibility For Unintended Consequences, Claire Oakes Finkelstein Jan 2005

Responsibility For Unintended Consequences, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

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 ...


The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas Jan 2003

The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein Jan 2002

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Crazy Reasons, Stephen J. Morse Jan 1999

Crazy Reasons, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein Jan 1999

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Self-Defense As A Rational Excuse, Claire O. Finkelstein Jan 1996

Self-Defense As A Rational Excuse, Claire O. Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Duress: A Philosophical Account Of The Defense In Law, Claire Oakes Finkelstein Jan 1995

Duress: A Philosophical Account Of The Defense In Law, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Changing Notions Of State Agency In International Law: The Case Of Paul Touvier, Claire O. Finkelstein Jan 1995

Changing Notions Of State Agency In International Law: The Case Of Paul Touvier, Claire O. Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Justice, Mercy, And Craziness, Stephen J. Morse Jul 1984

Justice, Mercy, And Craziness, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


The Twilight Of Welfare Criminology, Stephen J. Morse Jan 1977

The Twilight Of Welfare Criminology, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse Jan 1976

The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.