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Articles 91 - 114 of 114
Full-Text Articles in Law
How Relevant Is Jury Rationality?, David A. Hoffman
How Relevant Is Jury Rationality?, David A. Hoffman
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This essay reviews Punitive Damages: How Juries Decide by Cass Sunstein, et al. The book provides a good example of a recent trend: the use of behavioralist research to justify surprisingly paternalistic legal reforms. While critics of behavioralism often contend that its theoretical foundations are weak, this approach is unlikely to prove an effective rejoinder in the new debate about what kinds of paternalism are made permissible by human "irrationality". A better approach: (1) notes the lack of a nexus between behavioralism and the supposed emergent necessity of paternalist reforms; and (2) suggests that juror unwillingness to apply cost-benefit formula …
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
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Legal doctrine exhibits some striking temporal anomalies, previously not much adverted to. Wrongdoing looked at before it has occurred, and after is has occurred, is apt to look very different. I take up the two key components of wrongdoing seriatim, the harm-portion and the misconduct-portion: the "damage" part and the "liability" part. We tend to look at harm in a harm-agnifying way before it has occurred, and in a harm-inimizing way afterwards. We thus tend to think about negligence and the harm it wreaks in seemingly inconsistent ways. I examine and reject some possible explanations of this. Misconduct too looks …
Diminished Rationality, Diminished Responsibility, Stephen J. Morse
Diminished Rationality, Diminished Responsibility, Stephen J. Morse
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No abstract provided.
Inevitable Mens Rea, Stephen J. Morse
Mens Rea, Paul H. Robinson
Mens Rea, Paul H. Robinson
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Mens Rea, or “guilty mind,” marks a central distinguishing feature of criminal law. An injury caused without mens rea might be grounds for civil liability but typically not for criminal. Criminal liability requires not only causing a prohibited harm or evil -- the “actus reus” of an offense -- but also a particular state of mind with regard to causing that harm or evil. For a phrase so central to criminal law, “mens rea” suffers from a surprising degree of confusion in its meaning. One source of confusion arises from the two distinct ways in which the phrase is used, …
Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea
Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea
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This article describes important recent developments in normative law and economics, and the difficulties they create for the project of efficiency-based legal reform. After long proceeding without a well articulated moral justification for using economic decision procedures to choose legal rules, scholars have lately begun to devote serious attention to developing a philosophically attractive definition of well-being. At the same time, the empirical side of law and economics is also being enriched with an improved understanding of the complexities of individuals' decision-making behavior. That is where the problems begin. Scholars may have better, more plausible conceptions of well-being in hand, …
Uncontrollable Urges And Irrational People, Stephen J. Morse
Uncontrollable Urges And Irrational People, Stephen J. Morse
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No abstract provided.
The Inefficiency Of Mens Rea, Claire Oakes Finkelstein
The Inefficiency Of Mens Rea, Claire Oakes Finkelstein
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No abstract provided.
Rationality And Responsibility, Stephen J. Morse
Rationality And Responsibility, Stephen J. Morse
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No abstract provided.
Crazy Reasons, Stephen J. Morse
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
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.
Neither Desert Nor Disease, Stephen J. Morse
Neither Desert Nor Disease, Stephen J. Morse
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No abstract provided.
Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley
Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley
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The authors use social science methodology to determine whether a doctrinal shift-from an objectivist view of criminality in the common law to a subjectivist view in modern criminal codes-is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue …
Immaturity And Irresponsibility, Stephen J. Morse
Immaturity And Irresponsibility, Stephen J. Morse
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No abstract provided.
Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley
Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley
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This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:
Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)
Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …
Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
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No abstract provided.
Treating Crazy People Less Specially, Stephen J. Morse
Treating Crazy People Less Specially, Stephen J. Morse
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No abstract provided.
Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse
Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse
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No abstract provided.
Justice, Mercy, And Craziness, Stephen J. Morse
Justice, Mercy, And Craziness, Stephen J. Morse
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No abstract provided.
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
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No abstract provided.
A Preference For Liberty: The Case Against Involuntary Commitment Of The Mentally Disordered, Stephen J. Morse
A Preference For Liberty: The Case Against Involuntary Commitment Of The Mentally Disordered, Stephen J. Morse
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No abstract provided.
Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse
Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse
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No abstract provided.
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
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No abstract provided.