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  1. How to Identify Norms, Laws and Regulations That Facilitate Illicit Financial Flows and Related Financial Crimes.Tiago Cardao-Pito - forthcoming - Journal of Money Laundering Control.
    Purpose: Illicit financial flows are targeted by the United Nations’ (UN) Sustainable Development Goals (SDGs). However, these illicit flows are not entirely understood. Furthermore, they can benefit from economic norms, laws, and regulations that lack mechanisms to detect and penalize them. This paper investigates whether a recent test, the embezzler test, can be used to identify regulatory architectures that facilitate illicit financial flows and related financial crimes. -/- Design/methodology/approach: To develop a more advanced version of the embezzler test in terms (...)
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  2. Law as a Test of Conceptual Strength.Matthieu Queloz - forthcoming - In Veronica Rodriguez-Blanco, Daniel Peixoto Murata & Julieta A. Rabanos (eds.), Bernard Williams on Law and Jurisprudence: From Agency and Responsibility to Methodology. Oxford: Hart.
    In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...)
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  3. Broken brakes and dreaming drivers: the heuristic value of causal models in the law.Enno Fischer - 2024 - European Journal for Philosophy of Science 14 (1):1-20.
    Recently, there has been an increased interest in employing model-based definitions of actual causation in legal inquiry. The formal precision of such approaches promises to be an improvement over more traditional approaches. Yet model-based approaches are viable only if suitable models of legal cases can be provided, and providing such models is sometimes difficult. I argue that causal-model-based definitions benefit legal inquiry in an indirect way. They make explicit the causal assumptions that need to be made plausible to defend a (...)
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  4. Morte digna como direito: visibilidade jurídica da finitude.Alvaro de Azevedo Gonzaga, Lucia Alonso Falleiros & Felipe Labruna - 2024 - Revista Bioética 32:01-10.
    O direito à morte digna é majoritariamente ignorado pelo ordenamento brasileiro. Essa invisibilidade do processo de finitude e suas consequências são tema deste estudo, que objetiva realizar um levanta-mento exploratório para identificar pontos relevantes que devem ser desenvolvidos para garantir um processo de finitude digno. Foram analisadas 50 publicações, mediante levantamento online e físico de obras publicadas até março de 2023. Os estudos analisados expressam preocupação com dilemas éticos do cuidar do ser humano em finitude, mas não analisam formas existentes (...)
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  5. Awareness and the Recklessness/Negligence Distinction.Alexander Greenberg - 2024 - Criminal Law and Philosophy 18 (2):351-367.
    The distinction between the criminal fault elements of recklessness and negligence is one of Anglo-American criminal law’s key distinctions. It is a distinction with practical significance, as many serious crimes require at least recklessness and cannot be committed negligently. The distinction is standardly marked by awareness. Recklessness requires awareness that one’s conduct carries a risk of harm. Negligence only requires that one ought to have been aware that one’s conduct carried such a risk, even if one was in fact unaware (...)
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  6. Legal Obligation and Ability.Samuel Kahn - 2024 - International Journal of Philosophical Studies 32 (3):333-350.
    In Wilmot-Smith’s recent “Law, ‘Ought’, and ‘Can’,” he argues that legal obligation does not imply ability. In this short reply, I show that Wilmot-Smith’s arguments do not withstand critical scrutiny. In section 1, I attack Wilmot-Smith’s argument for the claim that allowing for impossible obligations makes for a better legal system, and I introduce positive grounds for thinking otherwise. In section 2, I show that, even if Wilmot-Smith had established that impossible obligations make for a better legal system, his subsequent (...)
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  7. Amnesia and Punishment.Austen McDougal - 2024 - Ethics 135 (1):36-64.
    Should punishment be abated for offenders suffering from amnesia? Philosophers have largely overlooked this question. Extant views cluster around a straightforward answer: deserving punishment depends on remembering one’s crime. However, arguments for that view rely on implausible assumptions; the view also implies that offenders could manipulate how much punishment they deserve. Instead, uneasiness about punishing amnesiacs should be traced to distinctive grounds for showing mercy. Amnesiacs who cannot access their past motives are unable to fully comprehend their own role in (...)
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  8. When Should the Master Answer? Respondeat Superior and the Criminal Law.Kenneth Silver - 2024 - Criminal Law and Philosophy 18 (1):89-108.
    Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...)
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  9. The Abolition of Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?Przemysław Zawadzki - 2024 - Diametros 21 (79):1-9.
    Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...)
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  10. Mechanical Choices: A Compatibilist Libertarian Response.Christian List - 2023 - Criminal Law and Philosophy:1-23.
    Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...)
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  11. Accountability in Artificial Intelligence: What It Is and How It Works.Claudio Novelli, Mariarosaria Taddeo & Luciano Floridi - 2023 - AI and Society 1:1-12.
    Accountability is a cornerstone of the governance of artificial intelligence (AI). However, it is often defined too imprecisely because its multifaceted nature and the sociotechnical structure of AI systems imply a variety of values, practices, and measures to which accountability in AI can refer. We address this lack of clarity by defining accountability in terms of answerability, identifying three conditions of possibility (authority recognition, interrogation, and limitation of power), and an architecture of seven features (context, range, agent, forum, standards, process, (...)
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  12. Preocupări legislative în mineritul datelor.Nicolae Sfetcu - 2023 - Intelligence Info 2 (2):98-105.
  13. Taking Responsibility.Paulina Sliwa - 2023 - In Ruth Chang & Amia Srinivasan (eds.), Conversations in Philosophy, Law, and Politics. New York, USA: Oxford University Press.
    What is it to take responsibility for a moral failure? This chapter investigates taking responsibility for wrongdoing. It starts by considering a prominent view in the literature: that to take responsibility for a wrong is to blame oneself for it. Contrary to the self-blame account, it is argued that taking responsibility and self-blame can come apart in various ways. Instead, the normative footprint account is defended. It is suggested that wrongdoing changes the normative landscape in systematic ways: it can create (...)
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  14. Drone Warfare, Civilian Deaths, and the Narrative of Honest Mistakes.Matthew Talbert & Jessica Wolfendale - 2023 - In Nobuo Hayashi & Carola Lingaas (eds.), Honest Errors? Combat Decision-Making 75 Years After the Hostage Case. T.M.C. Asser Press. pp. 261-288.
    In this chapter, we consider the plausibility and consequences of the use of the term “honest errors” to describe the accidental killings of civilians resulting from the US military’s drone campaigns in Iraq, Syria, Afghanistan, and elsewhere. We argue that the narrative of “honest errors” unjustifiably excuses those involved in these killings from moral culpability, and reinforces long-standing, pernicious assumptions about the moral superiority of the US military and the inevitability of civilian deaths in combat. Furthermore, we maintain that, given (...)
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  15. Five perspectives on holding wrongdoers responsible in Kant.Benjamin Vilhauer - 2023 - British Journal for the History of Philosophy 32 (1):100-125.
    The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to (...)
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  16. Punishment With and Without the State: Comments on Linda Radzik’s The Ethics of Social Punishment: The Enforcement of Morality in Everyday Life.Leo Zaibert - 2023 - Criminal Law and Philosophy 17 (1):197-206.
    Linda Radzick's new book, _The Ethics of Social Punishment_, contains an important discussion of punishment outside the context of the state. By way of celebrating this fine and welcome book, I try to probe some analytical contours concerning punishment seen from the general perspective on which Radzick and I agree. I suggest altogether abandoning the idea that (non-state) punishment needs to be inflicted by an authority. Furthermore, I insist on an account of retributivism that resists the usual accusations of barbarism (...)
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  17. Omissive Overdetermination: Why the Act-Omission Distinction Makes a Difference for Causal Analysis.Yuval Abrams - 2022 - University of Western Australia Law Review 1 (49):57-86.
    Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...)
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  18. The Criminal Responsibility of High-Functioning Autistic Offenders in Croatia.Mladen Bošnjak, Marko Jurjako & Luca Malatesti - 2022 - Balkan Journal of Philosophy 14 (2):137-148.
    This paper investigates, from a philosophical perspective, whether high functioning autists are legally responsible for the crimes they may commit. We do this from the perspective of the Croatian legal system. According to Croatian Criminal Law, but also criminal laws adopted in many other countries, the legal responsibility of the person is undermined due to insanity when two conditions are satisfied. The first may be called the incapacity requirement. It states that a person, when committing the crime, suffers cognitive or (...)
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  19. Non‐paradigmatic punishments.Helen Brown Coverdale & Bill Wringe - 2022 - Philosophy Compass 17 (5):e12824.
    Philosophy Compass, Volume 17, Issue 5, May 2022.
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  20. A Review of Elinor Mason’s Ways to be Blameworthy. [REVIEW]Andreas Brekke Carlsson - 2022 - Criminal Law and Philosophy 16 (1):215-221.
    In this review, I summarize Elinor Mason’s Ways to be Blameworthy and raise some worries concerning three aspects of her book: her account of the knowledge condition on moral responsibility, her notion of blame and its justification as well as Mason’s conception of extended blameworthiness.
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  21. The Ethics of Law’s Authority: On Tommie Shelby's, Dark Ghettos: Injustice, Dissent, and Reform.Erin I. Kelly - 2022 - Criminal Law and Philosophy 16 (1):1-12.
    Tommie Shelby argues that social injustice undermines the moral standing states would have, were they just, to condemn criminal wrongdoers. He makes a good argument, but he does not go far enough to reject the blaming function of punishment. Shelby’s argument from “impure dissent,” in particular, helps to demonstrate the limits of blame in criminal justice.
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  22. Distinguishing two features of accountability for AI technologies.Zoe Porter, Annette Zimmermann, Phillip Morgan, John McDermid, Tom Lawton & Ibrahim Habli - 2022 - Nature Machine Intelligence 4:734–736.
    Policymakers and researchers consistently call for greater human accountability for AI technologies. We should be clear about two distinct features of accountability.
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  23. Dark Times, Black Light: A Reply to Yankah, Kelly, and Mills.Tommie Shelby - 2022 - Criminal Law and Philosophy 16 (1):45-55.
    Replies to symposium commentaries on the book Dark Ghettos: Injustice, Dissent, and Reform.
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  24. (1 other version)Responsibility for Reckless Rape.Katrina Sifferd & Anneli Jefferson - 2022 - Humana Mente - Journal of Philosophical Studies 42 (15):119-143.
    Sometimes persons are legally responsible for reckless behavior that causes criminal harm. This is the case under the newly drafted provisions of the U.S. Model Penal Code (MPC), which holds persons responsible for “simple” rape (nonconsensual sex without proof of force or threats of force), where the offender recklessly disregards the risk that the victim does not consent. In this paper we offer an explanation and corrective critique of the handling of reckless rape cases, with a focus on the U.S. (...)
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  25. Conceptualizing Coercive Indoctrination in Moral and Legal Philosophy.Evan Tiffany - 2022 - Criminal Law and Philosophy 16 (1):153-179.
    This paper argues that there are compelling grounds for thinking that coercive indoctrination can defeat or mitigate moral culpability in virtue of being a form of non-culpable moral ignorance. That is, I defend a two-tier account such that what excuses an agent for a wrongful act is the agent’s ignorance regarding the moral quality of their act; and what excuses the defendant for their ignorance is that coercion or manipulation deprived the defendant of a fair opportunity to avoid that ignorance. (...)
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  26. Epistemic Conditions of Moral Responsibility.Tom Yates - 2022 - Internet Encyclopedia of Philosophy.
    What conditions on a person’s knowledge must be satisfied in order for them to be morally responsible for something they have done? The first two decades of the twenty-first century saw a surge of interest in this question. Must an agent, for example, be aware that their conduct is all-things-considered … Continue reading Epistemic Conditions of Moral Responsibility →.
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  27. Is punishment backward? On neurointerventions and forward‐looking moral responsibility.Przemysław Zawadzki - 2022 - Bioethics 37 (2):183-191.
    This article focuses on justified responses to “immoral” behavior and crimes committed by patients undergoing neuromodulation therapies. Such patients could be held morally responsible in the basic desert sense—the one that serves as a justification of severe practices such as backward‐looking moral outrage, condemnation, and legal punishment—as long as they possess certain compatibilist capabilities that have traditionally served as the quintessence of free will, that is, reasons‐responsiveness; attributability; answerability; the abilities to act in accordance with moral reasons, second‐order volitions, or (...)
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  28. Liability for Robots: Sidestepping the Gaps.Bartek Chomanski - 2021 - Philosophy and Technology 34 (4):1013-1032.
    In this paper, I outline a proposal for assigning liability for autonomous machines modeled on the doctrine of respondeat superior. I argue that the machines’ users’ or designers’ liability should be determined by the manner in which the machines are created, which, in turn, should be responsive to considerations of the machines’ welfare interests. This approach has the twin virtues of promoting socially beneficial design of machines, and of taking their potential moral patiency seriously. I then argue for abandoning the (...)
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  29. Objetividad de los deberes y razones para la acción. Notas desde el externalismo.Sebastián Figueroa Rubio - 2021 - Doxa: Cuadernos de Filosofía Del Derecho 44:521-541.
    This article explores how externalism about reasons for action contributes to understanding the relations between agents and norms. In order to do this, firstly, the distinction between internalism and externalism is presented; secondly, some flaws of internalism regarding the objectivity of duties are analysed; lastly, externalism is defend-ed from the criticism according to which the principle «ought implies can» cannot be explained.
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  30. (1 other version)The subject of rights and responsibility in Ricoeur's legal philosophy.Guido Gorgoni - 2021 - In Marc de Leeuw, George H. Taylor & Eileen Brennan (eds.), Reading Ricoeur Through Law. Lanham, Maryland: Lexington Books.
    While the legal concept of a subject of rights is eminently an abstraction, Ricoeur’s philosophical challenge seeks to rethink its identity within the philosophy of action, in correlation with the ideas of capacity, attestation, and recognition. The terminology Ricoeur employs presents some significant marks of this theoretical stance, as he speaks of a “veritable” or a “real” subject of rights as distinguished from the purely formal one. I argue that Ricoeur’s approach to the legal subject attains its highest meaning in (...)
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  31. Why Criminal Responsibility for Negligence Cannot be Indirect.Alexander Greenberg - 2021 - Cambridge Law Journal 80 (3):489-514.
    A popular way to try to justify holding defendants criminally responsible for inadvertent negligence is via an indirect or ‘tracing’ approach, i.e. an approach which traces the inadvertence back to prior culpable action. I argue that this indirect approach to criminal negligence fails because it can’t account for a key feature of how criminal negligence should be (and sometimes is) assessed. Specifically, it can’t account for why, when considering whether a defendant is negligent, what counts as a risk should be (...)
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  32. Collective Action, Philosophy and Law.Teresa Marques & Chiara Valentini (eds.) - 2021 - London: Routledge.
    Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law. The book contains thirteen original chapters written by an international team of leading philosophers and legal theorists, and is divided into four clear (...)
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  33. Responsibility Skepticism and Strawson’s Naturalism: Review Essay on Pamela Hieronymi, Freedom, Resentment & The Metaphysics of Morals (Princeton: Princeton University Press, 2020).Paul Russell - 2021 - Ethics 131 (4):754-776.
    There are few who would deny that P. F. Strawson’s “Freedom and Resentment” (1962) ranks among the most significant contributions to modern moral philosophy. Although any number of essays have been devoted to it, Pamela Hieronymi’s 'Freedom, Resentment, and the Metaphysics of Morals' is the first book-length study. The aim of Hieronymi’s study is to show that Strawson’s “central argument” has been “underestimated and misunderstood.” Hieronymi interprets this argument in terms of what she describes as Strawson’s “social naturalism”. Understood this (...)
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  34. Holding Responsible and Taking Responsibility.Stephen Bero - 2020 - Law and Philosophy 39 (3):263-296.
    In matters of responsibility, there are often two sides to the transaction: one party who holds another responsible, and the other who takes responsibility for her conduct. The first side has been closely scrutinized in discussions of the nature of responsibility, due to the influential Strawsonian conjecture that an agent is responsible if and only if it is appropriate to hold her responsible. This preoccupation with holding responsible – with its focus on the second-personal perspective and on responses like blame (...)
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  35. Morally Permissible Risk Imposition and Liability to Defensive Harm.Susanne Burri - 2020 - Law and Philosophy 39 (4):381-408.
    This paper examines whether an agent becomes liable to defensive harm by engaging in a morally permissible but foreseeably risk-imposing activity that subsequently threatens objectively unjustified harm. It first clarifies the notion of a foreseeably risk-imposing activity by proposing that an activity should count as foreseeably risk-imposing if an agent may morally permissibly perform it only if she abides by certain duties of care. Those who argue that engaging in such an activity can render an agent liable to defensive harm (...)
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  36. Special Issue on Recklessness and Negligence.Christopher Cowley & Beatrice Krebs - 2020 - Criminal Law and Philosophy 14 (1):5-8.
    This paper introduces the Special Issue on Recklessness and Negligence. It highlights the main issues and controversies that surround these concepts and then briefly introduces each of the papers that comprise the Special Issue.
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  37. Entgrenzte Verantwortung: Zur Reichweite und Regulierung von Verantwortung in Wirtschaft, Medien, Technik und Umwelt.Anja Seibert-Fohr (ed.) - 2020 - Heidelberg: Springer.
    Dieses Buch bietet eine interdisziplinäre Auseinandersetzung mit dem Begriff der Verantwortung in einer zunehmend von Entgrenzung geprägten Lebenswelt. Es beschreibt, wie durch den technischen Fortschritt und den Wegfall von Grenzen im Bereich digitaler Kommunikation, globaler Wirtschafts- und Finanzmärkte sowie in Forschung und Umwelt neue Herausforderungen für die Regulierung von Verantwortung entstanden sind. Die Autoren sind namhafte Wissenschaftlerinnen und Wissenschaftler unterschiedlicher Fachdisziplinen einschließlich der Philosophie, Theologie, Soziologie, Sozialpsychologie, Sozialanthropologie, Poltischen Wissenschaft, Ökonomie und der Rechtswissenschaften. Sie beschreiben die ideengeschichtliche Entwicklung des Verantwortungsbegriffs (...)
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  38. Minimalgehalte und Grenzen der Verantwortungszuschreibung.Micha H. Werner - 2020 - In Anja Seibert-Fohr (ed.), Entgrenzte Verantwortung: Zur Reichweite und Regulierung von Verantwortung in Wirtschaft, Medien, Technik und Umwelt. Heidelberg: Springer. pp. 31-48.
    The article examines the extent to which the scope for social design of responsibility regimes is limited by pre-positive boundaries. A distinction is made between purely performative, purely constitutive and normative attributions of responsibility. It is argued that statements about pre-positive responsibilities in a broad area are only possible depending on specific normative-ethical theories. Nevertheless, the article attempts to defend both an outer limit of possible attributions of responsibility and a minimum content of any plausible ethics of responsibility. The outer (...)
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  39. Yaffe, Gideon. The Age of Culpability: Children and the Nature of Criminal Responsibility. [REVIEW]Craig K. Agule - 2019 - Ethics 130 (2):271-276.
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  40. Children of a Lesser God? The Vividown Case and Privacy on the Internet.Gianluca Andresani & Natalina Stamile - 2019 - Revista da Faculdade de Direito UFPR 64 (2):141-169.
    In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...)
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  41. Review of Ignorance Of Law: A Philosophical Inquiry, by Douglas Husak. [REVIEW]Stephen Bero - 2017 - Criminal Law and Criminal Justice Books 2017 (March).
  42. Conversation and Responsibility by Michael McKenna. [REVIEW]Paul Russell - 2017 - Philosophical Review 126 (2):285-95.
    Michael McKenna’s Conversation and Responsibility is an ambitious and impressive statement of a new theory of moral responsibility. McKenna’s approach builds upon the strategy advanced in P.F. Strawson’s enormously influential “Freedom and Resentment” (which was published in 1962). The account advanced aims to provide Strawson’s theory with the sort of detail that is required to fill significant gaps and respond to a wide range of criticisms and objections that have been directed against it. ....Conversation and Responsibility belongs on the top (...)
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  43. Free Will and Moral Sense: Strawsonian Approaches.Paul Russell - 2016 - In Kevin Timpe, Meghan Griffith & Neil Levy (eds.), Routledge Companion to Free Will. New York: Routledge. pp. 96-108.
    Over the past few centuries the free will debate has largely turned on the question of whether or not the truth of the thesis of determinism is compatible with the relevant form of freedom that is required for moral responsibility. This way of approaching the free will problem was fundamentally challenged by P.F. Strawson in his hugely influential paper “Freedom and Resentment,” which was published in 1962. In this paper Strawson pursues a line of argument that can be found in (...)
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  44. The Legal Philosophy and Influence of Jeremy Bentham: Essays on of the Limits of the Penal Branch of Jurisprudence.Guillaume Tusseau (ed.) - 2014 - New York, NY: Routledge.
    Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham's major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham's theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham's approach with other landmark (...)
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  45. (1 other version)The Principle of Precaution and the Governance of Insecurity.Guido Gorgoni - 2013 - Governare la Paura 6 (1).
    After a brief reconstruction of the principle of precaution’s juridical rising, I will discuss in short the question of the juridical nature of the same principle and then examine some of its extra-juridical implications, showing how the intrinsic logic of the principle of precaution implies a strict connection with the needs and proper forms of a conception of democracy as participative.
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  46. Responsibility, Paternalism and Alcohol Interlocks.Kalle Grill & Jessica Fahlquist - 2012 - Public Health Ethics 5 (2):116-127.
    Drink driving causes great suffering and material destruction. The alcohol interlock promises to eradicate this problem by technological design. Traditional counter-measures to drink driving such as policing and punishment and information campaigns have proven insufficient. Extensive policing is expensive and intrusive. Severe punishment is disproportionate to the risks created in most single cases. If the interlock becomes inexpensive and convenient enough, and if there are no convincing moral objections to the device, it may prove the only feasible as well as (...)
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  47. Against Accomplice Liability.Alex Kaiserman - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. New York: Oxford University Press. pp. 124-155.
    Accomplice liability makes people guilty of crimes they knowingly helped or encouraged others to commit, even if they did not commit the crime themselves. But this method of criminalizing aiders and abettors is fraught with problems. In this chapter, I argue that accomplice liability in the criminal law should be replaced with a system in which agents are criminalized on the basis of their individual contributions to causings of harm—the larger the contribution, the more severe the crime—regardless of whether those (...)
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  48. Hume on free will.Paul Russell - 2008 - Stanford Encyclopedia of Philosophy.
    David Hume is widely recognized as providing the most influential statement of the “compatibilist” position in the free will debate — the view that freedom and moral responsibility can be reconciled with (causal) determinism. The arguments that Hume advances on this subject are found primarily in the sections titled “Of liberty and necessity”, as first presented in A Treatise of Human Nature (2.3.1-2) and, later, in a slightly amended form, in the Enquiry concerning Human Understanding (sec. 8). Although there is (...)
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  49. Two Dimensions of Responsibility in Crime, Tort, and Moral Luck.Benjamin C. Zipursky - 2008 - Theoretical Inquiries in Law 9 (1):97-137.
    Parallel moral luck problems exist in three different normative domains: criminal law, tort law, and conventional moral thinking. In all three, the normative status of an actor’s conduct seems to depend on matters beyond the actor’s control. Criminal law has historically imposed greater punishment on the murderer who kills his intended victim than on the identically behaved would-be murderer whose shot fortuitously misses. Tort law imposes liability on the negligent driver who injures someone, but no liability if, through good fortune, (...)
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  50. Translatio versus Concessio: Retrieving the Debate about Contracts of Alienation with an Application to Today’s Employment Contract.David Ellerman - 2005 - Politics and Society 33 (3):449-480.
    Liberalism is based on the juxtaposition of consent to coercion. Autocracy and slavery were based on coercion whereas today’s political democracy and economic “employment system” are based on consent to voluntary contracts. This article retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. The democratic and antislavery movements forged arguments not simply in favor of consent but arguments that voluntary contracts to alienate aspects of personhood were invalid—which made the (...)
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