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Full-Text Articles in Law
The Criminal Protection Of Professional Secrets; A Comparative Analysis Of The Uae Federal Penal Code And The Egyptian Penal Code., Ahmed Farooq Zaher
The Criminal Protection Of Professional Secrets; A Comparative Analysis Of The Uae Federal Penal Code And The Egyptian Penal Code., Ahmed Farooq Zaher
UAEU Law Journal
As a principle, confidentiality is a duty provided by rules of public morality and required by the principles of honesty and integrity. Disclosure of a confidential act is totally refused by the rules of ethical conduct. However, the legislature did not criminalize all cases of disclosure. In fact, the legislature only criminalizes the disclosure of the secrets which were deposited with the professions they assume their customers having to deposit their secrets to them. In addition, there is a link between the secret and practice of the profession, i.e., professional secret. Through the study of comparative analysis of the UAE …
The Harmful Addiction To The War On Drugs, Walter E. Block, Alan G. Futerman
The Harmful Addiction To The War On Drugs, Walter E. Block, Alan G. Futerman
Touro Law Review
Most modern societies prohibit the use of addictive drugs such as cocaine and heroin. We contend this is a mistake. They should all be legalized, forthwith, since their usage constitutes a victimless crime. But more, we also maintain that these jurisdictions are actually addicted to these unjust and harmful laws since, no matter what the logic or the evidence about the perniciousness of this legislation, it still remains on the books
Three Principles Of Democratic Criminal Justice, Joshua Kleinfeld
Three Principles Of Democratic Criminal Justice, Joshua Kleinfeld
Northwestern University Law Review
This Essay links criminal theory to democratic political theory, arguing that the view of criminal law and procedure known as “reconstructivism” shares a common root with certain culturally oriented forms of democratic theory. The common root is the valorization of a community’s ethical life and the belief that law and government should reflect the ethical life of the community living under that law and government. This Essay then specifies three principles that are entailed by the union of democracy and reconstructivism and that should therefore characterize a democracy’s approach to criminal justice: the “moral culture principle of criminalization,” the “principle …
Restoring Democratic Moral Judgment Within Bureaucratic Criminal Justice, Stephanos Bibas
Restoring Democratic Moral Judgment Within Bureaucratic Criminal Justice, Stephanos Bibas
Northwestern University Law Review
While America's criminal justice system is deeply rooted in the ideal of a popular morality play, it has long since drifted into becoming a bureaucratic plea bargaining machine. We cannot (and would not want to) return to the Colonial Era. Even so, there is much more we can do to reclaim our heritage and incorporate popular participation within our lawyer-run system. That requires pushing back against the relentless pressures toward efficiency and maximizing quantity, to ensure that criminal justice treats each criminal with justice, as a human and not just a number. The criminal justice system must narrow its ambitions …
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
Georgia Journal of International & Comparative Law
No abstract provided.
Punishing Property Offenders: Does Moral Correction Work?, Sharona Aharony-Goldenberg, Yael Wilchek-Aviad
Punishing Property Offenders: Does Moral Correction Work?, Sharona Aharony-Goldenberg, Yael Wilchek-Aviad
Touro Law Review
No abstract provided.
The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones
The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones
Pepperdine Law Review
No abstract provided.
On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World, W. Robert Thomas
On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World, W. Robert Thomas
Michigan Law Review
The law has long recognized a presumption against criminal strict liability. This Note situates that presumption in terms of moral intuitions about the role of intention and the unique nature of criminal punishment. Two sources-recent laws from state legislatures and recent advances in moral philosophy-pose distinct challenges to the presumption against strict liability crimes. This Note offers a solution to the philosophical problem that informs how courts could address the legislative problem. First, it argues that the purported problem from philosophy stems from a mistaken relationship drawn between criminal law and morality. Second, it outlines a slightly more nuanced moral …
Sex Offender As Scapegoat: The Monstrous Other Within, John Douard
Sex Offender As Scapegoat: The Monstrous Other Within, John Douard
NYLS Law Review
No abstract provided.
Was The Frog Prince Sexually Molested?: A Review Of Peter Westen's The Logic Of Consent, Heidi M. Hurd
Was The Frog Prince Sexually Molested?: A Review Of Peter Westen's The Logic Of Consent, Heidi M. Hurd
Michigan Law Review
Peter Westen's The Logic of Consent is nothing short of a tour de force. In the tradition of the very best and most significant contributions to legal theory, Professor Westen demonstrates that we do not know what we think we know about a capacity that on a daily basis turns trespasses into dinner parties, brutal batteries into football games, rape into lovemaking, and the commercial appropriation of name and likeness into biography. While we all employ claims of consent in everyday moral gossip to absolve some and withhold sympathy from others, and while courts of law across the nation commonly …
Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor
Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor
International Bulletin of Political Psychology
This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.
Forgiveness And Public Trust, Linda Ross Meyer
Forgiveness And Public Trust, Linda Ross Meyer
Fordham Urban Law Journal
A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Seattle University Law Review
This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …
Forgiveness And Public Trust, Linda Ross Meyer
Forgiveness And Public Trust, Linda Ross Meyer
Fordham Urban Law Journal
A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Fordham Urban Law Journal
This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Fordham Urban Law Journal
A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Fordham Urban Law Journal
A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.
Forgiveness And The Law, Martha Minow
Forgiveness And The Law, Martha Minow
Fordham Urban Law Journal
A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Fordham Urban Law Journal
This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.
Forgiveness And The Law, Martha Minow
Forgiveness And The Law, Martha Minow
Fordham Urban Law Journal
A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions
Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan
Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan
Michigan Law Review
It's axiomatic that "ignorance of the law is no excuse." My aim in this essay is to examine what the "mistake of law doctrine" reveals about the relationship between criminal law and morality in general and about the law's understanding of moral responsibility in particular. The conventional understanding of the mistake of law doctrine rests on two premises, which are encapsulated in the Holmesian epigrams with which I've started this essay. The first is liberal positivism. As a descriptive claim, liberal positivism holds that the content of the law can be identified without reference to morality: one needn't be a …
Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan
Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan
Michigan Law Review
The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …
Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler
Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler
Michigan Law Review
A Review of Forgiveness and Mercy by Jeffrie G. Murphy and Jean Hampton
Moralistic Liberalism And Legal Moralism, Robert P. George
Moralistic Liberalism And Legal Moralism, Robert P. George
Michigan Law Review
A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinberg
Lawyer's Justice, William A. Edmundson
Lawyer's Justice, William A. Edmundson
Michigan Law Review
A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.
Bayne: Conscience, Obligation, And The Law, E. F. Roberts
Bayne: Conscience, Obligation, And The Law, E. F. Roberts
Michigan Law Review
A Review of Conscience, Obligation, and the Law by David Cowan Bayne
Ignorance And Mistake In Criminal Law, Jerome Hall
Ignorance And Mistake In Criminal Law, Jerome Hall
Indiana Law Journal
No abstract provided.