Law Commons^™

On The Moral Irrelevance Of Bodily Movements, George P. Fletcher

Faculty Scholarship

In the mess of confusions called Anglo-American criminal law, writers commonly refer to the "problem of punishing omissions." There is something untoward, they say, about imposing criminal liability on the bystander who could intervene to save a drowning child and fails to do so. Punishing acts in violation of the law is all right, but there is some special difficulty, never completely understood and clarified, about imposing liability for omissions.

The confusion about omissions has suffered unnecessary compounding by the organization of one of the leading casebooks on criminal law. Apparently not quite sure where to locate their cases on …

Sameness And Subordination: The Dangers Of A Universal Solution, Susan P. Sturm

Faculty Scholarship

Judges, Behavioral Scientists, and the Demands of Humanity grapples with one of the most pressing and difficult challenges of our time – how to overcome deep and enduring conflicts that currently divide our community. Professor Burt offers insights into the importance of empathy and identification in breaking down the categories that we use to distance ourselves from the humanity of others and to justify oppression of those we define as outsiders. His solution is hopeful, almost noble. He exhorts judges, social scientists, and by implication, all of us to be our best selves, to focus on how we are part …