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  1. Doesn't everybody jaywalk? On codified rules that are seldom followed and selectively punished.Jordan Wylie & Ana Gantman - 2023 - Cognition 231 (C):105323.
    Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six experiments, (N = 1440) we validated (...)
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  • Extending the Golden Thread? Criminalisation and the Presumption of Innocence.Patrick Tomlin - 2012 - Journal of Political Philosophy 21 (1):44-66.
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  • Legal decision-making and the abstract/concrete paradox.Noel Struchiner, Guilherme da F. C. F. De Almeida & Ivar R. Hannikainen - 2020 - Cognition 205 (C):104421.
    Higher courts sometimes assess the constitutionality of law by working through a concrete case, other times by reasoning about the underlying question in a more abstract way. Prior research has found that the degree of concreteness or abstraction with which an issue is formulated can influence people's prescriptive views: For instance, people often endorse punishment for concrete misdeeds that they would oppose if the circumstances were described abstractly. We sought to understand whether the so-called ‘abstract/concrete paradox’ also jeopardizes the consistency (...)
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  • A Study of the Popular Attitude Towards Retributive Punishment.F. C. Sharp & M. C. Otto - 1910 - International Journal of Ethics 20 (3):341-357.
  • Proxy Crimes and Overcriminalization.Youngjae Lee - 2022 - Criminal Law and Philosophy 16 (3):469-484.
    A solution to the problem of “overcriminalization” appears to be decriminalization of certain crimes. This Essay focuses on a group of crimes that has been labeled “proxy crimes” as a candidate to be eliminated. What are proxy crimes? Douglas Husak defines them as “offenses designed to achieve a purpose other than to prevent the conduct they explicitly proscribe.” Michael Moore describes them as involving situations where we “use one morally innocuous act as a proxy for another, morally wrongful act or (...)
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  • The Emotional Dog and Its Rational Tail: A Social Intuitionist Approach to Moral Judgment.Jonathan Haidt - 2001 - Psychological Review 108 (4):814-834.
    Research on moral judgment has been dominated by rationalist models, in which moral judgment is thought to be caused by moral reasoning. The author gives 4 reasons for considering the hypothesis that moral reasoning does not cause moral judgment; rather, moral reasoning is usually a post hoc construction, generated after a judgment has been reached. The social intuitionist model is presented as an alternative to rationalist models. The model is a social model in that it deemphasizes the private reasoning done (...)
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  • Retributivism, Consequentialism, and the Risk of Punishing the Innocent: The Troublesome Case of Proxy Crimes.Piotr Bystranowski - 2017 - Diametros 53:26-49.
    This paper discusses differences between two major schools in philosophy of criminal law, retributivism and consequentialism, with regard to the risk of punishing the innocent. As it is argued, the main point of departure between these two camps in this respect lies in their attitude towards the high evidentiary threshold in a criminal trial: while retributivism seems to strongly support setting this standard high, consequentialists may find it desirable to relax it in some cases. This discussion is set in the (...)
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  • Criminal Attempts.R. Antony Duff - 2000 - Mind 109 (435):583-587.
     
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