Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal law (2)
- Act (1)
- Act requirement (1)
- Active euthanasia (1)
- Consent (1)
-
- Criminal law theory (1)
- Criminal theory (1)
- Cutting the rope (1)
- Duty to rescue (1)
- Euthanasia (1)
- International Criminal Court (1)
- International law (1)
- Jurisdiction (1)
- Killing (1)
- Letting die (1)
- Necessity (1)
- Omission (1)
- Passive euthanasia (1)
- Philosophy (1)
- Philosophy of c (1)
- Punishment theory (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Actmissions, Luis E. Chiesa
Actmissions, Luis E. Chiesa
Journal Articles
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Journal Articles
Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …
Authority To Proscribe And Punish International Crimes, Guyora Binder
Authority To Proscribe And Punish International Crimes, Guyora Binder
Journal Articles
Although criminal jurisdiction is usually exercised by governments, offenses can also be proscribed by international law, and punishment can be imposed by international tribunals. This article critically examines the legitimacy of such exercises of international criminal jurisdiction. It reasons that criminal law can plausibly be justified as a cooperative institution that achieves the public good of a rule of law, with its attendant benefits of social peace and equal dignity of persons. It then argues that such a beneficial rule of law requires a punishing authority with the executive capacity to protect those it claims to regulate. It would follow …