Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal Law and Procedure (9)
- Prostitution (3)
- Sexual offenses (3)
- Endangerment (2)
- Feminism (2)
-
- Feminist theory (2)
- Jurisprudence (2)
- Prosecution (2)
- Sex Trafficking (2)
- Abolitionism (1)
- Complicity (1)
- Consent (1)
- Criminal Law (1)
- Criminal Theory (1)
- Criminal law (1)
- Criminal procedure (1)
- Criminal theory (1)
- Domestic Violence (1)
- Domestic violence (1)
- Fair imputation (1)
- Harm principle (1)
- ICC (1)
- International Criminal Law (1)
- Laborem Excerens (1)
- Legal Philosophy (1)
- Legal ethics (1)
- Pedagogy (1)
- Philosophical Analysis (1)
- Philosophy of Law (1)
- Practical reasoning (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Dempsey
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Dempsey
Michelle Madden Dempsey
Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.
How To Argue About Prostitution, Michelle Dempsey
How To Argue About Prostitution, Michelle Dempsey
Michelle Madden Dempsey
This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical enterprise as one (amongst other) valuable ways to argue about prostitution.
Sex Trafficking And Worker Justice, Michelle Dempsey
Sex Trafficking And Worker Justice, Michelle Dempsey
Michelle Madden Dempsey
This essay argues that the dualistic conception of work in Catholic social teaching – most notably in John Paul II’s Laborem Excerens – may provide a bridge between otherwise deeply divided views regarding how to conceptualize and define sex trafficking.
Sex Trafficking And Criminalization: In Defense Of Feminist Abolitionism, Michelle Dempsey
Sex Trafficking And Criminalization: In Defense Of Feminist Abolitionism, Michelle Dempsey
Michelle Madden Dempsey
This article provides an overview of the feminist abolitionist response to sex trafficking and defends criminalizing the purchase of sex on grounds of complicity and endangerment.
Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey
Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey
Michelle Madden Dempsey
This is a book review of Larry May and Zachary Hoskins, eds., International Criminal Law and Philosophy (Cambridge University Press, 2010).
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Michelle Madden Dempsey
The main question which motivates the inquiry undertaken in this book is: what should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer defended herein can be summarized as follows: within the realm of justified (permissible) action, prosecutors should respond effectively; which is to say that, ceteris paribus, domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. This book defends that claim in two steps: first, it …
Teaching Rape: Some Reflections On Pedagogy, Michelle Dempsey
Teaching Rape: Some Reflections On Pedagogy, Michelle Dempsey
Michelle Madden Dempsey
This short essay, which discusses the difficulties of teaching sexual offences, was written for the Oxford Law Society and published in the student run magazine, The Verdict, in Trinity Term 2007.
Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey
Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey
Michelle Madden Dempsey
This article examines domestic violence criminal prosecutions and addresses what effective prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that effective prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus
Why Sexual Prenetration Requires Justification, Michelle Dempsey, Jonathan Herring
Why Sexual Prenetration Requires Justification, Michelle Dempsey, Jonathan Herring
Michelle Madden Dempsey
This article defends the claim that sexual penetration is a prima facie wrong: it requires justification. We defend this claim by reference to considerations relating the use of physical force required to achieve sexual penetration, the occurrence and risk of harm posed by sexual penetration, and the negative social meaning of sexual penetration in patriarchal societies. The step we take in this article is a preliminary part of a larger project. We are not here directly concerned with questions of criminalisation; we aim simply to map the moral landscape of sexual penetration.
Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey
Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey
Michelle Madden Dempsey
This article critiques the Wolfenden Committee's conclusion that criminalising prostitute-use is inconsistent with the liberal harm principle. Section one evaluates recent empirical evidence challenging Wolfenden's assumptions regarding prostitution. Section two analyses the use of forced-prostitutes as a direct harm offence of rape. Section three presents a new approach to criminalising the conduct of prostitute-users, and sketches a prima facie case in favour of criminalising solicitation for prostitute-use as an abstract endangerment offence.