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Heidi M. Hurd [22]Heidi Margaret Hurd [1]
  1. Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence.Michael S. Moore & Heidi M. Hurd - 2011 - Criminal Law and Philosophy 5 (2):147-198.
    Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...)
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  2.  42
    Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence.Michael S. Moore & Heidi M. Hurd - 2011 - Criminal Law and Philosophy 5 (2):147-198.
    Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...)
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  3.  40
    Promises Schmomises.Heidi M. Hurd - 2017 - Law and Philosophy 36 (3):279-343.
    In this piece, I argue that promises need not be kept just because they were made. This is not to say, however, that unwise, unhappy, and unfortunate promises do not generate obligations. When broken promises will result either in wrongful gains to promisors or wrongful losses to promisees, obligations of corrective justice will demand that such promises be kept if their breach cannot be fully repaired. Thus, when a broken promise will constitute a deliberate loss transfer for personal gain, the (...)
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  4. Moral Combat.Heidi M. Hurd - 2000 - Philosophical Quarterly 50 (200):420-422.
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  5.  33
    Liberty in Law.Heidi M. Hurd - 2002 - Law and Philosophy 21 (4-5):385-465.
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  6.  27
    Negligence in the Air.Michael S. Moore & Heidi M. Hurd - 2002 - Theoretical Inquiries in Law 3 (2).
    The article examines what has come to be known as "the risk analysis" in Anglo-American tort law and contract law. The risk analysis essentially consists of: viewing negligence as a relational concept, so that a defendant is never simply negligent tout cour, but is negligent only with respect to certain persons and certain harms — other harms suffered by other persons are said not to be "within the risk" that makes the defendant negligent; and the supplanting of proximate cause doctrine (...)
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  7. Stand Your Ground.Heidi M. Hurd - 2016 - In Christian Coons & Michael Weber (eds.), The Ethics of Self-Defense. New York, NY: Oxford University Press USA.
    This chapter argues that the proportionality principle is indefensible, and that aggregative ethical theories that entail that principle are thus similarly indefensible. Inasmuch as the duty to retreat is a corollary of the proportionality principle, it too must be rejected. An alternative deontological view, under which one may use whatever force is necessary to defend one’s rights, escapes the counterintuitive results of theories that are conceptually wedded to the proportionality principle. The chapter suggests that at least the most obvious challenges (...)
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  8. Why liberals should hate ``hate crime legislation''.Heidi M. Hurd - 2001 - Law and Philosophy 20 (2):215 - 232.
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  9.  31
    Is it wrong to do right when others do wrong? A critique of american tort law.Heidi M. Hurd - 2001 - Legal Theory 7 (3):307-340.
  10.  38
    Why Liberals Should Hate "Hate Crime Legislation".Heidi M. Hurd - 2001 - Law and Philosophy 20 (2):215-232.
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  11.  10
    Climate Change, Natural Aesthetics, and the Danger of Adapted Preferences.Gillian K. J. Moore & Heidi M. Hurd - 2023 - In Pellegrino Gianfranco & Marcello Di Paola (eds.), Handbook of Philosophy of Climate Change. Springer Nature. pp. 415-430.
    This chapter explores reasons to doubt the defensibility of the “weak theory of sustainability” that informs and justifies the use of cost-benefit analysis by environmental regulators. As the argument reveals, inasmuch as the weak theory equates what is sustainable with what sustains the satisfaction of human preferences, it has the surprising philosophical wherewithal to make climate-changing activities sustainable, at least in principle. This would be so if human ingenuity made possible the replacement of ecosystem services with technological alternatives. And it (...)
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  12.  36
    Paternalism On Pain of Punishment.Heidi M. Hurd - 2009 - Criminal Justice Ethics 28 (1):49-73.
    “We overpunish and overcriminalize,” Douglas Husak insists in his latest book-length tour de force entitled Overcriminalization: The Limits of the Criminal Law.1 In what ways and by what mea...
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  13.  10
    Crimes Against Animals.Heidi M. Hurd - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 71-93.
    Criminal provisions governing the treatment of animals collectively embody inconsistencies that reflect deep-seated ambivalence about who counts as the victim of animal cruelty, what constitutes the wrong of such cruelty, and what role punishment ought to play in response to it. In the first part, I shall sketch how animal cruelty laws embody tensions and contradictions that make manifest the criminal law’s need for philosophical clarity. In the second part, I shall argue that one way to bring a modicum of (...)
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  14.  5
    4. Fouling Our Nest: Is Ethics Impotent against Economics?Heidi M. Hurd - 2015 - In Roger T. Ames Peter D. Hershock (ed.), Value and Values: Economics and Justice in an Age of Global Interdependence. University of Hawaii Press. pp. 82-108.
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  15.  52
    Introduction Symposium on Crime and Culpability.Heidi M. Hurd - 2010 - Law and Philosophy 29 (4):371-372.
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  16. Living with Genius.Heidi M. Hurd - 2016 - In Kimberly Kessler Ferzan & Stephen J. Morse (eds.), Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore. Oxford, United Kingdom: Oxford University Press UK.
    This chapter synthesizes Michael Moore’s scholarly opus, organizing the breathtaking array of topics that he has tackled, restating the field-changing theses that he has defended, and extracting a set of common themes that define the essential components of his intellectual legacy. Along the way, it draws upon personal experiences in Michael’s life that may have influenced his scholarly choices. On pain of committing the genetic fallacy, the piece does not purport either to bolster or to debunk any of his claims (...)
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  17.  11
    Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander.Heidi M. Hurd (ed.) - 2018 - Cambridge University Press.
    Drawing inspiration from the profoundly influential work of legal theorist Larry Alexander, this volume tackles central questions in criminal law, constitutional law, jurisprudence, and moral philosophy. What are the legitimate conditions of blame and punishment? What values are at the heart of constitutional protections against discrimination or infringements of free speech? Must judges interpret statutes and constitutional provisions in ways that comport with the intentions of those who wrote them? Can the law obligate us to violate the demands of morality, (...)
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  18.  35
    Heidi M. Hurd.Heidi M. Hurd - 2000 - Legal Theory 6 (4):423-455.
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  19.  26
    Moral Rights and Legal Rules: A Natural Law Theory,”.Heidi M. Hurd - 2000 - Legal Theory ( 6:2000.
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  20.  29
    The Ethical Implications of Proportioning Punishment to Deontological Desert.Heidi M. Hurd & Michael S. Moore - 2021 - Criminal Law and Philosophy 15 (3):495-514.
    This article details the degree to which the ideal of punishment proportional to desert forces changes in how we think of deontological morality. More specifically, the proportionality ideal forces us to abandon the simple, text-like view of deontological moral norms, and it forces us to acknowledge that those norms are not uniformly categorical in their force.
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  21.  41
    Untying the gordian knot of mens Rea requirements for accomplices.Heidi M. Hurd & Michael S. Moore - 2016 - Social Philosophy and Policy 32 (2):161-183.
    :This essay undertakes two tasks: first, to describe the differing mens rea requirements for accomplice liability of both Anglo-American common law and the American Law Institute's Model Penal Code; and second, to recommend how the mens rea requirements of both of these two sources of criminal law in America should be amended so as to satisfy the goals of clarity and consistency and so as to more closely conform the criminal law to the requirements of moral blameworthiness. Three "pure models" (...)
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  22.  11
    Book Reviews Edlin, Douglas E. Judges and Unjust Laws: Common Law Constitutionalism and the Foundations of Judicial Review . Ann Arbor: University of Michigan Press, 2009. Pp. 321. $65.00 (cloth). [REVIEW]Heidi M. Hurd - 2009 - Ethics 120 (1):165-170.