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Full-Text Articles in Law

What Rape Is And What It Ought Not Be, Katharine K. Baker Feb 1999

What Rape Is And What It Ought Not Be, Katharine K. Baker

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No abstract provided.


Sex, Rape And Shame, Katharine K. Baker Feb 1999

Sex, Rape And Shame, Katharine K. Baker

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This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …


Text, Context And The Problem With Rape, Katharine K. Baker Feb 1999

Text, Context And The Problem With Rape, Katharine K. Baker

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No abstract provided.


Crazy Reasons, Stephen J. Morse Jan 1999

Crazy Reasons, Stephen J. Morse

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No abstract provided.


Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse Jan 1999

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

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No abstract provided.


Threats And Preemptive Practices, Claire Oakes Finkelstein Jan 1999

Threats And Preemptive Practices, Claire Oakes Finkelstein

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No abstract provided.


Neither Desert Nor Disease, Stephen J. Morse Jan 1999

Neither Desert Nor Disease, Stephen J. Morse

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No abstract provided.


On Hate And Equality, Alon Harel, Gideon Parchomovsky Jan 1999

On Hate And Equality, Alon Harel, Gideon Parchomovsky

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Hate crime legislation has sparked substantial political controversy and scholarly discussion. Existing justifications for hate crime legislation proceed on the premise that the rationale supporting such legislation must be found either in the greater gravity of the wrongdoing involved or in the perpetrator's greater degree of culpability. This premise stems from a fundamental theory that dominates criminal law scholarship: the wrongfulness-culpability hypothesis. The wrongfulness-culpability hypothesis posits that the only two grounds that may justify disparate treatment of offenses are the greater wrongfulness of the act or the greater culpability of the perpetrator. Yet, all attempts to demonstrate that hate crimes …


Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts Jan 1999

Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts

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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

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No abstract provided.