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Full-Text Articles in Law
Some Doubts About Argument By Hypothetical, Paul H. Robinson
Some Doubts About Argument By Hypothetical, Paul H. Robinson
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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 …
The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts
The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts
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No abstract provided.
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
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No abstract provided.
Rationality And Responsibility, Stephen J. Morse
Rationality And Responsibility, Stephen J. Morse
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No abstract provided.
Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.
Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.
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No abstract provided.
The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts
The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts
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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
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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 …
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
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No abstract provided.
The Possibility Of A Fair Paretian, Howard F. Chang
The Possibility Of A Fair Paretian, Howard F. Chang
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No abstract provided.
The Moral Metaphysics Of Causation And Results, Stephen J. Morse
The Moral Metaphysics Of Causation And Results, Stephen J. Morse
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No abstract provided.