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  1. Presumptuous or pluralistic presumptions of innocence? Methodological diagnosis towards conceptual reinvigoration.Paul Roberts - 2020 - Synthese 198 (9):8901-8932.
    This article is a contribution to interdisciplinary scholarship addressing the presumption of innocence, especially interdisciplinary conversations between philosophers and jurists. Terminological confusion and methodological traps and errors notoriously beset academic literature addressing the presumption of innocence and related concepts, such as evidentiary presumptions, and the burden and standard of proof in criminal trials. This article is diagnostic, in the sense that its primary objective is to highlight the assumptions—in particular, the disciplinary assumptions—implicit in influential contributions to debates on the presumption (...)
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  • Three Problems with Contractarian-Consequentialist Ways of Assessing Social Institutions*: THOMAS W. POGGE.Thomas W. Pogge - 1995 - Social Philosophy and Policy 12 (2):241-266.
    With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing (...)
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  • Overlooking the Merits of the Individual Case: An Unpromising Approach to the Right to Die.Joel Feinberg - 1991 - Ratio Juris 4 (2):131-151.
    .One of the strongest arguments against the legalization of voluntary euthanasia is that even though a given suffering or comatose patient may have a moral right to die, legal recognition of the right would lead inevitably to mistakes and abuses in other cases. The flaw in this argument is the assumption that it is always and necessarily a greater evil to let someone die by mistake than to keep a person alive by mistake. In fact, we cannot plausibly say that (...)
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