43 found
Order:
  1. The Ends of Harm: The Moral Foundations of Criminal Law.Victor Tadros - 2011 - Oxford University Press.
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
    Direct download  
     
    Export citation  
     
    Bookmark   88 citations  
  2.  15
    Wrongs and Crimes.Victor Tadros - 2016 - Oxford University Press UK.
    The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   18 citations  
  3.  61
    Criminal Responsibility.Victor Tadros - 2005 - Oxford University Press.
    This book provides a systematic, philosophically informed account of criminal responsibility. It begins by providing a general account of criminal responsibility based on the relationship between the action that the defendent has performed and their character. It then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.
    Direct download  
     
    Export citation  
     
    Bookmark   42 citations  
  4. Poverty and Criminal Responsibility.Victor Tadros - 2009 - Journal of Value Inquiry 43 (3):391-413.
  5.  91
    Wrongful Intentions Without Closeness.Victor Tadros - 2015 - Philosophy and Public Affairs 43 (1):52-74.
  6.  71
    Causal Contributions and Liability.Victor Tadros - 2018 - Ethics 128 (2):402-431.
    This article explores the extent to which the magnitude of harm that a person is liable to suffer to avert a threat depends on the magnitude of her causal contribution to the threat. Several different versions of this view are considered. The conclusions are mostly skeptical—facts that may determine how large of a causal contribution a person makes to a threat are not morally significant, or not sufficiently significant to make an important difference to liability. However, understanding ways in which (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  7. Duty and Liability.Victor Tadros - 2012 - Utilitas 24 (2):259-277.
    In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second (...)
    Direct download (9 more)  
     
    Export citation  
     
    Bookmark   13 citations  
  8.  57
    Doing Without Desert.Victor Tadros - 2017 - Criminal Law and Philosophy 11 (3):605-616.
    This paper examines Derk Pereboom’s argument against punishment on deterrent grounds in his recent book Free Will, Agency, and Meaning in Life. It suggests that Pereboom’s argument against basic desert has not been shown to extend to the view that those who act wrongly lose rights against punishment for deterrent reasons. It further supports the view that those who act wrongly, if they fulfil compatibilist conditions of responsibility, do lose rights to avert threats they pose. And this, it is argued, (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  9. Unjust Wars Worth Fighting For.Victor Tadros - 2016 - Journal of Practical Ethics 4 (1).
    I argue that people are sometimes justified in participating in unjust wars. I consider a range of reasons why war might be unjust, including the cause which it is fought for, whether it is proportionate, and whether it wrongly uses resources that could help others in dire need. These considerations sometimes make fighting in the war unjust, but sometimes not. In developing these claims, I focus especially on the 2003 Iraq war.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  10.  13
    Criminalization: In and Out.Victor Tadros - 2020 - Criminal Law and Philosophy 14 (3):365-380.
    In this paper I explore Antony Duff’s claim that there are categorical constraints on the scope of the criminal law that are set by its internal standards. I argue against his view that such constraints are categorical, and I suggest that his account of the nature of the criminal law is partial, and narrows the focus of our enquiry into the scope of the criminal law too much. However, I suggest that the project is an important contribution to our understanding (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  11. Rethinking the Presumption of Innocence.Victor Tadros - 2006 - Criminal Law and Philosophy 1 (2):193-213.
    This article is concerned with what constitutes interference with the presumption of innocence and what justifications there might be for such interference. It provides a defence of a theory of the presumption of innocence that suggests that the right is interfered with if the offence warrants conviction of defendants who are not the intended target of the offence. This thesis is defended against two alternative theories. It then considers what might justify interference with the presumption of innocence. It explores the (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   13 citations  
  12.  82
    Distributing Responsibility.Victor Tadros - 2020 - Philosophy and Public Affairs 48 (3):223-261.
    A widespread view in moral, legal, and political philosophy, as well as in public discourse, is that responsibility makes a difference to the fair allocation or distribution of things that are valuable or disvaluable independently of responsibility. For example, the fairness of punishing a person for wrongdoing varies with her responsibility for wrongdoing; the fairness of requiring a person to pay compensation varies with her responsibility for the harm that she caused; the fairness of one person being worse off than (...)
    Direct download (9 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  13.  3
    To Do, to Die, to Reason Why: Individual Ethics in War.Victor Tadros - 2020 - Oxford University Press.
    Victor Tadros offers a new account of the ethics of war and the legal regulation of war. He focuses especially on the conduct of individuals - for instance, whether they are required to follow orders to go to war, what moral constraints there are on killing in war, and the extent to which the laws of war ought to reflect the morality war.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  14.  15
    Two grounds of liability.Victor Tadros - 2021 - Philosophical Studies 178 (11):3503-3522.
    This essay argues that culpability and responsibility are independent notions, even though some of the same facts make us both responsible and culpable. Responsibility for one’s conduct is grounded in the strength of the agential connection between oneself and one’s conduct. Culpability for one’s conduct is the vices that give rise to that conduct. It then argues that responsibility and culpability for causing a threat are each grounds of liability to defensive harm independent of the other.
    No categories
    Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  15.  47
    Harm, Sovereignty, and Prohibition.Victor Tadros - 2011 - Legal Theory 17 (1):35-65.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  16.  28
    Appropriate Normative Powers.Victor Tadros - 2020 - Aristotelian Society Supplementary Volume 94 (1):301-326.
    A normative power is a power to alter rights and duties directly. This paper explores what it means to alter rights and duties directly. In the light of that, it examines the kind of argument that might support the existence of normative powers. Both simple and complex instrumentalist accounts of such powers are rejected, as is an approach to normative powers that is based on the existence of normative interests. An alternative is sketched, where normative powers arise based on the (...)
    No categories
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  17.  65
    Permissibility in a World of Wrongdoing.Victor Tadros - 2016 - Philosophy and Public Affairs 44 (2):101-132.
  18. Criminalization: The Political Morality of Criminal Law.R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo & Victor Tadros (eds.) - 2014 - Oxford University Press.
    The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark   3 citations  
  19.  54
    Orwell's Battle with Brittain: Vicarious Liability for Unjust Aggression.Victor Tadros - 2014 - Philosophy and Public Affairs 42 (1):42-77.
  20.  33
    Independence Without Interests?Victor Tadros - 2011 - Oxford Journal of Legal Studies 31 (1):193-213.
    This review article discusses Arthur Ripstein’s Kantian account of rights. Our most important rights, Ripstein argues, are determined by our independence rather than our interests. And a significant group of these rights—our rights over external things—is enforceable only in virtue of state membership. I argue that whilst independence is an important source of rights, we cannot exclude interests from an adequate account of rights, and that once this is acknowledged we will conclude that the state is less important than Ripstein (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  21.  36
    Resource Wars.Victor Tadros - 2014 - Law and Philosophy 33 (3):361-389.
    One of the most interesting questions raised in Cecile Fabre’s Cosmopolitan War concerns war for the sake of resources. Fabre argues that it is sometimes permissible to go to war for the sake of resources that the poor are entitled to. I agree with this, but I think it is true only in very restricted circumstances. I consider a number of arguments in favour of resource wars, showing many of them to fail. The most promising argument, I suggest, is that (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  22.  77
    The Ideal of the Presumption of Innocence.Victor Tadros - 2014 - Criminal Law and Philosophy 8 (2):449-467.
    This article clarifies and further defends the view that the right to be presumed innocent until proven guilty, protected by Article 6(2) of the European Convention of Human Rights has implications for the substantive law. It is shown that a ‘purely procedural’ conception of the presumption of innocence has absurd implications for the nature of the right. Objections to the moderate substantive view defended are considered, including the acceptability of male prohibits offences, the difficulty of ascertaining intentions of legislatures and (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  23.  22
    The Persistence of the Right of Return.Victor Tadros - 2017 - Politics, Philosophy and Economics 16 (4):375-399.
    This article defends the right that Palestinians have to return to the territory governed by Israel. However, it does not defend the duty on Israel to permit return. Whether there is such a duty depends on whether the economic, social and security costs override that right. In order to defend the right of return, it is shown both that the current generation of Palestinians retain a significant interest in return, and that insofar as their interests are diminished, their rights are (...)
    Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  24.  11
    Responses to Wrongs and Crimes.Victor Tadros - 2019 - Criminal Law and Philosophy 13 (3):455-478.
    This is a response to the four essays on Wrongs and Crimes.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  25.  36
    Past Killings and Proportionality in War.Victor Tadros - 2018 - Philosophy and Public Affairs 46 (1):9-35.
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  26.  41
    Rape Without Consent.Victor Tadros - 2006 - Oxford Journal of Legal Studies 26 (3):515-543.
    This article is a defence of a differentiated offence of rape. A differentiated offence is an offence which can be completed in a number of different ways that cannot be captured in a simple definition. It is argued that such an offence would meet several concerns that have been expressed in the feminist literature about the law of rape. It would assist certainty, it would reduce the extent to which the offence focuses on the conduct of the complainant, it would (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  27.  24
    Answers.Victor Tadros - 2015 - Criminal Law and Philosophy 9 (1):73-102.
    I am extremely grateful to Daniel Farrell, Hamish Stewart, Kasper Lippert-Rasmussen and Suzanne Uniacke for their careful, imaginative and probing responses to The Ends of Harm: The Moral Foundations of Criminal Law in this special issue of Criminal Law and Philosophy. It is especially gratifying that philosophers of this calibre, not all of whom have worked directly on the philosophy of punishment and the philosophy of criminal law, have engaged with Ends in this way.One of my ambitions in writing Ends (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  28.  18
    The Moral Distinction Between Combatants and Noncombatants: Vulnerable and Defenceless.Victor Tadros - 2018 - Law and Philosophy 37 (3):289-312.
    In Sparing Civilians, Seth Lazar claims that in war, with rare exceptions, killing noncombatants is worse than killing combatants. This paper raises some doubts about whether this is an important principle – at least, once we understand Lazar’s clarifications. It also suggests that however it is clarified, it seems false. And it suggests a related principle that more plausible. This related principle applies only to those with just aims, and it applies only to intentional killing rather than to all forms (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  29.  69
    Punishment and the Appropriate Response to Wrongdoing.Victor Tadros - 2017 - Criminal Law and Philosophy 11 (2):229-248.
    My main aims in this paper are to further clarify and defend the Duty View of punishment, outlined in my book The Ends of Harm, by responding to some objections to it, and by exploring some variations on that view. I briefly lay out some steps in the justification of punishment that I defend more completely in Chapter 12 of The Ends of Harm. I offer some further support for these steps. They justify punishment of an offender for general deterrence (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  30.  56
    Responses.Victor Tadros - 2013 - Law and Philosophy 32 (2-3):241-325.
    This essay is a response to the excellent contributions to the double special issue of Law and Philosophy on my book The Ends of Harm. I further defend the Duty View of punishment outlined in the book, responding to criticisms of that view. I also challenge the plausibility of retributivist accounts offered in response to the challenges to that view developed in The Ends of Harm.
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  31.  57
    Moving Mountains: Variations on a Theme by Shelly Kagan.Victor Tadros - 2017 - Criminal Law and Philosophy 11 (2):393-405.
    My response to Shelly Kagan’s book, The Geometry of Desert, is to raise both general and more specific issues. I criticise Kagan’s way of setting up his project. I will suggest many factors other than desert better explain Kagan’s cases. I then examine more particular aspects of the project. I investigate Kagan’s discussion of what he calls the V-shaped skyline. According to Kagan, the V-shaped skyline represents the idea that it is more important that the very vicious and the very (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  32.  17
    Obligations and Outcomes.Victor Tadros - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. pp. 173.
    Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  33.  17
    Consent to Sex in an Unjust World.Victor Tadros - 2020 - Ethics 131 (2):293-318.
    This article explores the moral significance of consent in an unjust world by developing the view that the validity of consent depends on its causes. It defends the view that the causes of consent...
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  34.  52
    Distinguishing General Theory, Doctrine and Evidence in Criminal Responsibility: A Response to Lacey.Victor Tadros - 2007 - Criminal Law and Philosophy 1 (3):259-265.
  35.  27
    The Architecture of Criminalization.Victor Tadros - 2009 - Criminal Justice Ethics 28 (1):74-88.
  36.  19
    The Constitution of the Criminal Law.R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo & Victor Tadros (eds.) - 2013 - Oxford University Press.
    The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.
    Direct download  
     
    Export citation  
     
    Bookmark  
  37.  1
    Faith in Law: Essays in Legal Theory.Peter Oliver, Sionaidh Douglas-Scott & Victor Tadros - 2000 - Hart Publishing.
    This collection of essays explore the long-standing,intricate relationship between law and faith. Faith in this context is to be read in the broadest sense, as extending beyond religion to embrace the knowledge, beliefs, understandings and practices which are at work alongside the familiar and seemingly more reliable, trusted and relatively certain content and conventionally accepted methods of law and legal reasoning. The essays deal with three broad themes. The first concerns the extent to which faith should be involved in legal (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  38. Ownership and the Moral Significance of the Self.Victor Tadros - 2019 - Social Philosophy and Policy 36 (2):51-70.
    :The idea of self-ownership has played a prominent role in justifying normative conclusions in moral and political philosophy. I argue that whether or not we are self-owners, there is no such role for it to play. Self-ownership is better thought a conclusion of moral and political arguments rather than their source. I then begin to explore an alternative idea—that the self is morally significant—that provides what those who rely on self-ownership ought to be looking for.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  39.  19
    Response to Blumenson.Victor Tadros - unknown
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  40.  23
    Introduction: Political Philosophy and Criminal Justice. [REVIEW]Victor Tadros - 2013 - Criminal Law and Philosophy 7 (2):179-184.
  41.  3
    Inheriting the Right of Return.Victor Tadros - 2020 - Theoretical Inquiries in Law 21 (2):343-367.
    This Article assesses one kind of argument for an intergenerational right of return in the context of the Israel/palestine conflict. The question is whether descendants of those who were made refugees in the 1948 War can acquire occupancy rights from their parents through inheritance and bequest over territory that they have never lived on. Standard arguments for their inheriting such rights fail for a range of reasons. However, a less familiar argument for inheritance or bequest succeeds—descendants can acquire such rights (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  42.  12
    Law, Strategy and Democracy: A Response to Duff.Victor Tadros - 2009 - Journal of Applied Philosophy 26 (3):269-275.
    abstract In this response to Antony Duff's paper, I raise doubts about the method of moving from internal to external critique, suggesting that external critique, focusing on more basic principles in moral and political philosophy, has primacy, and that internal critique, if it is done well, will very quickly turn external. I then suggest a different distinction: that between pure and strategic philosophical work, suggesting that more strategic work might be done in legal philosophy to improve the impact of philosophical (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  43.  10
    Law, Strategy and Democracy: A Response to Duff.Victor Tadros - 2009 - Journal of Applied Philosophy 26 (3):269-275.
    abstract In this response to Antony Duff's paper, I raise doubts about the method of moving from internal to external critique, suggesting that external critique, focusing on more basic principles in moral and political philosophy, has primacy, and that internal critique, if it is done well, will very quickly turn external. I then suggest a different distinction: that between pure and strategic philosophical work, suggesting that more strategic work might be done in legal philosophy to improve the impact of philosophical (...)
    Direct download  
     
    Export citation  
     
    Bookmark