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Criminal Law Commons

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Buffalo Law Review

Legal Theory

Articles 1 - 5 of 5

Full-Text Articles in Criminal Law

Agency And Insanity, Stephen P. Garvey Jan 2018

Agency And Insanity, Stephen P. Garvey

Buffalo Law Review

This Article offers an unorthodox theory of insanity. According to the traditional theory, insanity is a cognitive or volitional incapacity arising from a mental disease or defect. As an alternative to the traditional theory, some commentators have proposed that insanity is an especially debilitating form of irrationality. Each of these theories faces fair-minded objections. In contrast to these theories, this Article proposes that a person is insane if and because he lacks a sense of agency. The theory of insanity it defends might therefore be called the lost-agency theory.According to the lost-agency theory, a person lacks a sense of agency …


From Lovercamp To A Prisoner's Right To Escape: An Inescapable Conclusion?, Rodney L. Schermer Apr 1977

From Lovercamp To A Prisoner's Right To Escape: An Inescapable Conclusion?, Rodney L. Schermer

Buffalo Law Review

No abstract provided.


Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen Oct 1975

Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen

Buffalo Law Review

No abstract provided.


The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad Apr 1975

The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad

Buffalo Law Review

No abstract provided.


Punishment For Negligence: A Reply To Professor Hall, James B. Brady Oct 1972

Punishment For Negligence: A Reply To Professor Hall, James B. Brady

Buffalo Law Review

No abstract provided.