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Beccaria’s penal philosophy hinges on the doctrinal paradigm of liberty through law. Inconceivable in the absence of laws and unattainable in the presence of arbitrary powers, liberty is profiled as ... political philosophy of his time to be concerned about the exorbitance of prohibitions, the arbitrariness of judgements, and the cruelty of punishments. In the third section, I emphasise the crucial function
of Surrey , Guildford GU2 7XH, England Political corruption has a 'double nature': it can manifest in individual and also in institutional action. (p. 45) In Political Corruption: The Internal Enemy ... deontological duties and consequentialist considerations appear to conflict. (pp. 109-11) Ceva and Ferretti's contribution to the political corruption literature is distinctively valuable because their theory is
to criminal law, or that it does not provide good reasons in tort law. The normative discussion examines various arguments from the field of political philosophy, the characteristics of branches of law
used to signify “useless, unrealistic, naïve, utopian—perhaps even ideological or dangerous—currents in contemporary political philosophy.”8 Untenable visions about a radically different future, these ... political philosophy may be more properly 2 Dorothy E. Roberts, Abolition Constitutionalism, 133 Hvar . L. r ev . 1, 120 (2019). 3 Amna A. Akbar, An Abolitionist Horizon for (Police) Reform, 108 CaL . L. r
be future-oriented, that is, point to general prevention. A different argument could be proposed, rooted in political philosophy (which Lernestedt also takes to be the best starting point). Looking ... criminal law theory in political philosophy rather than moral philosophy. A central concept in his chapter is the legal person (in general, extending beyond criminal law). The question of who can have legal
of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics constitutes a ... Review of International Social and Political Philosophy 24 ( 2019 ): 393 - 414 . Gries , Stefan. “Corpora and Legal Interpretation .” In Routledge Handbook of Forensic Linguistics, edited by Alison Johnson
of those subjected to it. This impact-based approach enables us to decouple the concept of imprisonment from walls, locks, and political and social barriers, thereby highlighting atypical forms of ... Philosophy, 16, 2013, 421–438. 52 Peter Ramsay, “Voters Should Not Be in Prison! The Rights of Prisoners in a Democracy,” Critical Review of International Social and Political Philosophy, 16, 2013, 421–438, p
problems. Criminalisation; Public Wrongs; Duff; Civil order; Non-democratic regimes - Criminal law philosophy has seen rising scholarly interest in theories of criminalisation, fuelled for many by the ... Renzo, Victor Tadros (eds) Criminalization: the Political Morality of the Criminal Law (Oxford: Oxford University Press, 2014); F. Meyer, “Towards a Modest Legal Moralism: Concept, Open Questions, and
qualified defence . Journal of Political Philosophy , 27 ( 4 ), 448 - 468 . Henderson , L. ( 2021 ). Higher-order evidence and losing one's conviction . Noûs. Ho , H. L. ( 2008 ). A philosophy of evidence law ... to do. For instance, to support this claim Nance (2016) refers to a theorem by Horwich (1982 , 127-9) in the philosophy of science which shows that as we accrue relevant evidence, our expected
Parliamentary Intelligence and Security Intelligence; Espionage; Ethics; Moral philosophy - Committee (ISC) overseeing their activities. But what we have not had, until Professor Fabre’s work, is a rigorous ... and to form the basis of legislation and regulation? An example is to be found in the conclusion of Chap. 3, which states ‘A political community is not justified in engaging in intelligence activities
Philosophy. ... deploys 6 I say more about pro tanto ethical salience in my response to a connected challenge by Paul BouHabib, in ‘Three Cheers for Liberal Modesty’, Critical Review of Social and Political Philosophy
unjust. As we'll see, this complicates normative matters. There are other I am grateful to participants of the 2021 Policing and Political Philosophy Workshop for feedback on an early draft of this article ... . On the standard understanding, civil disobedience is an action that intentionally breaks a law the lawbreaker takes to be unjust, to engage, rather than subvert or evade, the political process.1 The
individuals engaged in constitutionally protected speech and assembly, such as political protests.11 Yet, there are also persuasive reasons for criminalizing detection avoidance. To a proponent of ... ., Vincent Chiao, “What Is the Criminal Law For?”, Law and Philosophy 35 (2016): pp. 137–63, p. 139; Harold L. Korn, “The Choiceof-Law Revolution: A Critique”, Columbia Law Review 83 (1983): pp. 772–973, p
depends on the extent of the displacement,35 which, in turn, depends on the interplay between the general arguments for having the right, and the political, practical, economic, and social arguments for ... of defences. But the conditions imposed for displacing a right, and the extent of its displacement, may well depend on different, broader, concerns about public order, political expediency, and so on
thoughts or desires. I much prefer the term 8 H.L.A. Hart (& John Gardner), Punishment and Responsibility: Essays in the Philosophy of Law (2d Ed.), p.152. Oxford: Oxford University Press, 2008. 9 FOR, pp.4 ... , political theorist and historian, was the first person to argue for a control test for legal insanity.18 His explanation for lack of control was that some people with mental disorder could not attend to
crime outweigh the social cost of fail‑ ing to commit it (utilitarian approach). Others locate the foundation of the necessity defense in the pre‑political duties of solidarity among human beings ... automatically resolved. In Thorburn’s words, “the criminal law theorist’s main task when making sense of justification defenses, it seems, is to read the current literature in moral philosophy and to take careful
of Political Theory 9(4) (2010): 386. The debate between so-called high liberals and realists in political philosophy, which is neatly captured by Galston, seems to me to have a great deal to teach ... legal theorists (indeed, the current debate amongst legal theorists feels almost like a re-run of the one in political philosophy). Criminal Law Theory; Criminal Law Exceptionalism; Punishment
Ripstein, Force and Freedom: Kant’s Legal and Political Philosophy (Cambridge, MA: Harvard UP, 24), 311. back upon himself”52–by taking his message of denial of law seriously as a rational maxim. It is ... of Morals, 6:363. 53 Ripstein, Force and Freedom: Kant’s Legal and Political Philosophy, 316. 54 See for instance Allen W. Wood, Kantian Ethics (Cambridge: Cambridge UP, 25), 216–23. 55 Compare with
, inspires two principles that may serve as a foundation for a future conception of epistemic justice adapted to the law. Philosophy of evidence; Procedural law; Epistemic justice; Testimonial injustice ... critical angle on legal practices, and connects the sometimes-narrow intralegal justifications of procedural practices with broader political and ethical considerations. Conversely, applying the
underlying basis in a systematic way. In this contribution, I lay down the basis of such an account. I first identify a similar tension between a “moral” and a “political” approach to the normative foundations ... -disciplinary boundaries within (the philosophy of) international law and political theory. Hence this section aims at showing that the moral and the political approaches similarly pervade the emerging fields of
