Relevant bibliographies by topics / Philosophy of criminal law

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Philosophy of criminal law'

Author: Grafiati
Published: 4 June 2021
Last updated: 27 April 2022

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Journal articles on the topic "Philosophy of criminal law"

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Murphy, Jeffrie G., and Douglas N. Husak. "Philosophy of Criminal Law." Noûs 26, no. 4 (December 1992): 527. http://dx.doi.org/10.2307/2216035.

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Heinrich, Stefanie. "Criminal Law and Philosophy." International Criminal Law Review 10, no. 5 (October 1, 2010): 873–74. http://dx.doi.org/10.1163/157181210x528423.

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Snarski, Tomasz. "Why criminal law needs a philosophy of law?" Polish Journal of Criminology 4, no. 1 (October 3, 2018): 1–10. http://dx.doi.org/10.5604/01.3001.0012.5964.

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The article discusses the necessity of the presence of legal philosophy in penal sciences, i. a. criminal law, as a necessary basis for the creation and functioning of a system of good criminal law. The author, referring to selected views on the essence of the criminal law, indicates that the philosophy of law is a binder of the entire criminal law system, serving the implementation of its goals and functions, and guaranteeing that criminal law serves the service of the human person. The philosophy of criminal law applies in many respects, especially in justifying the basic principles of criminal law and in connection with the axiology of protection of human rights and the Constitution.
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Staflund, Darryl. "Philosophy and the Criminal Law." Philosophers' Magazine, no. 5 (1999): 59. http://dx.doi.org/10.5840/tpm19995142.

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Jacobsen, Jørn. "Philosophy, Theory and Criminal Law." Jurisprudence 5, no. 1 (July 8, 2014): 209–16. http://dx.doi.org/10.5235/20403313.5.1.209.

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Reiff, Mark R. "International Criminal Law and Philosophy." Social Theory and Practice 37, no. 2 (2011): 370–78. http://dx.doi.org/10.5840/soctheorpract201137221.

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Khilyuta, Vadim Vladimirovich. "Philosophy of Globalization of Criminal Law." Russian Journal of Legal Studies 6, no. 2 (June 15, 2019): 73–81. http://dx.doi.org/10.17816/rjls18486.

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In article the questions of globalization of criminal law and the pursued criminal policy are raised. At the doctrinal level trends of implementation of norms of the international criminal law and a problem of general unification of norms of criminal law are analyzed. The author comes to a conclusion about discrepancy of the mechanism of a global instrumentalization of criminal law and artificial imposing of the international standards to the national states. In article global initiatives of general and unconditional implementation of rules of international law and other legal institutes are in detail described. It is specified that these trends cannot be born in itself, without external intervention. It is proved that the drawn line of artificial unification of criminal tools at the global level leads to institutional crisis since basic borders of criminal law cannot identically be considered in relation to each single country (a national criminal system) in view of various social and economic parameters of functioning of the states and means of their realization.
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Katz, Leo. "Philosophy of Criminal Law. Douglas Husak." Ethics 99, no. 4 (July 1989): 953–54. http://dx.doi.org/10.1086/293132.

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Lee, Youngjae. "What is Philosophy of Criminal Law?" Criminal Law and Philosophy 8, no. 3 (March 14, 2013): 671–85. http://dx.doi.org/10.1007/s11572-013-9222-0.

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Zedner, Lucia. "Terrorizing Criminal Law." Criminal Law and Philosophy 8, no. 1 (June 17, 2012): 99–121. http://dx.doi.org/10.1007/s11572-012-9166-9.

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Dissertations / Theses on the topic "Philosophy of criminal law"

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Wirts, Amelia Marie. "Criminal Oppression: A Non-Ideal Theory of Criminal Law and Punishment." Thesis, Boston College, 2020. http://hdl.handle.net/2345/bc-ir:108954.

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Thesis advisor: David M. Rasmussen
This dissertation defines and defends the concept of ‘criminal oppression.’ Criminal oppression occurs when people are excluded from full participation in important social and political institutions because they are perceived to have violated certain community norms. Oppression is primarily a structural phenomenon, in which practices of formal and informal institutions unjustly harm people based on group membership. In structural oppression, there is rarely an individual who can be said to be responsible for the oppression, but I argue that at times, individuals may also be agents of oppression when they create, perpetuate, or exacerbate structural oppression. Applying this theory of oppression, the criminal justice system in the United States is an oppressive structure that unjustly harms those considered to be ‘criminals’ through a variety of practices. There are three categories of unjust practices: policing, adjudication and punishment, and collateral effects of arrest and conviction. These three categories of practices create the social group ‘criminals’ by subjecting certain people to these kinds of treatments. I use the word ‘criminal’ to describe those who are treated as criminals by police, the courts, and even private individuals like employers. To be a ‘criminal,’ it is not necessary that one has committed a crime or been convicted of a crime. Racial and criminal oppression deeply related historically and conceptually. Nevertheless, they are distinct kinds of oppression. In the United States, those who are not racially oppressed but are ‘criminals’ face many of the same unjust obstacles as those who are racially oppressed in addition to being ‘criminals.’ Some may argue that ‘criminals’ duly convicted of crimes deserve to be socially and politically excluded. But, I argue that the criminal justice system is not properly conceived of as an apolitical institution that can assess moral blameworthiness. Nor should it be able to offer punishments that amount to social and political exclusion. Instead, the criminal justice system is one political institution amongst many, and it ought to be governed by the same principles of liberty and equality that govern other political institutions. Criminal law’s proper function is to facilitate government as a system social cooperation. Therefore, it ought to respond to criminal acts with actions designed to promote inclusion rather than exclusion. Moreover, even if someone has committed a crime, that does not mean that they ought to be subject to violence or permanent second-class status. Finally, I address specific, feminism-driven arguments for using the criminal justice system to fight violence against women. Some feminists argue that the expressivist function of punishment—the ability of punishment to express disapproval and disavowal—makes it a perfect tool for fighting the normalization of violence against women. The problem, they contend, is that this violence is under-punished in the United States, and the solution to ending violence against women is to increase prosecutions and advocate for harsher punishments because punishment will change the social norms and make violence against women rarer. To this, I argue that those who create laws or mete out punishments do not have control over the social meaning of punishment with precision. The historical and present-day oppressive features of criminal law and punishment interfere with the ability of prosecution and punishment to condemn certain types of acts without also condemning people. Thus, feminists who try to use the criminal justice system to fight gender-based violence will find it to be ineffective and potentially harmful to the already oppressed group of ‘criminals.” Chapter 1argues that ‘criminals’ are oppressed using a structural model of oppression that focuses on how collections of institutional policies and practices can create and maintain unjust power relations between groups of people. I will also use an externalist theory of group identity to argue that being arrested or convicted of a crime is not necessary or sufficient for membership in the social group ‘criminal.’ Chapter 2 explains the relationship between racial oppression and the oppression of ‘criminals,’ noting the historical development of the modern prison system. Chapter 3 argues that the proper role of criminal law is to support systems of social cooperation, not to punish pre-political wrongs. I will suggest that criminal law is in essence part of the social contract, not a separate sphere of justice to which distinctive, retributive principles apply. Instead, the criminal law cannot determine moral blameworthiness and is only justified in sanctioning rule violations for the sake of supporting social cooperation in a society whose institutions are worth supporting. In Chapter 4, I propose a feminist, expressivist defense of the use of prosecution and harsh punishment as a response to rape and domestic violence that takes the structural nature of violence against women into account. Chapter 5, however, demonstrates why even this theory cannot justify incarceration in the non-ideal sphere because of the oppressive history and practice of the American criminal justice system
Thesis (PhD) — Boston College, 2020
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Philosophy
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Benoliel, Barbara. "Public Humiliation as a Mitigator in Criminal Sentencing." ScholarWorks, 2006. https://scholarworks.waldenu.edu/dissertations/388.

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This study examined the relationship between the public humiliation and shaming of offenders in the sentencing portion of a criminal trial and the subsequent severity of the sentence the offender receives. Judicial moral shaming of offenders is returning to popularity in the courts, influencing the final sentence outcome as an under-identified mitigator, that substitutes for judges’ other punitive sanctions. Support for this shaming is found in Heider’s attribution theory and in Homans’ theory of social exchange; however Braithwaite found this form of shaming is overly punitive and ineffective. This four phase study used a sequential, mixed method, exploratory research design. A purposeful sample of 80 Provincial Court case transcripts of judges’ reasons for sentencing were first examined qualitatively for the presence of public humiliation using linguistic content analysis; this yielded a taxonomy and classifications of incidents of public humiliation. Using this taxonomy and classification, the data were then analyzed quantitatively, together with the subsequent severity of offenders’ sentences, in a series of bivariate and regression analyses. Other influences on sentencing were considered in the analyses, including the age and gender of the offender, the kind of offense and the plea. Findings of the content analysis indicated that humiliation is multifaceted, with two primary forms: judge imposed and self imposed. Results of the regression analyses that accounted for both forms of shaming indicated that presence of public humiliation is associated with lesser sentences. This study contributes to social change by identifying the practice of public humiliation in the courts and challenging its practice, in keeping with Margalit’s thesis that a decent society is one that does not use social institutions to humiliate its citizens.
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Kennedy, Chloe Jane Sophia. "Criminal law and the Scottish moral tradition." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/17935.

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This thesis presents an account of the development of Scots criminal law which concentrates on the influence of the Scottish moral tradition, as epitomised by Calvinist theological doctrine and Scottish Enlightenment moral philosophy. It argues that there are several crucial but seldom-acknowledged points of similarity between the Calvinist aim of creating a holy community and key tenets of eighteenth century Scottish moral thought, which rest upon community-oriented conceptions of the nature of morality and society. Both these shared conceptions and the particular ways they are expressed in Calvinist creed and Enlightenment philosophy are shown to have had a bearing on the way that Scots criminal law changed over time. The areas in which this influence is demonstrated are: the scope and principles of the law, i.e. the type of conduct that was punishable and the arguments that were put forward to justify its prohibition; the attribution of criminal responsibility (and non-responsibility); and the importance of mental state. It is argued that in each of these discrete areas changing perspectives on the nature of morality and human agency had a palpable impact on both legal doctrine and practice. When these different areas of the law are viewed as a whole and in historical perspective, the formative force of the Scottish moral tradition becomes clear and its influence can be seen to have extended into the contemporary law. The thesis therefore provides an original interpretation of the history of Scots criminal law by considering its sources and institutions from hitherto unexplored theological and moral perspectives, whilst simultaneously enhancing scholarly appreciation of certain aspects of the contemporary law that appear unusually moralistic. It also makes a broader contribution to socio-historic scholarship and strengthens its position as a recognised and worthwhile discipline by illustrating, using a concrete legal system, how legal history can enhance debates within criminal law theory and vice versa.
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Blaas, Fey-Constanze. "Double criminality in international extradition law." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53398.

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Thesis (LLM)--University of Stellenbosch, 2003.
ENGLISH ABSTRACT: The object of the thesis is to examine the content and status of the double criminality principle in international extradition law. The double criminality principle says a fugitive c annat be extradited unless the conduct for which his extradition is sought is criminal in both the requesting state and the requested state. This thesis is based on a study of sources of international law and domestic law and ideas presented in legal literature. The double criminality principle has developed over several centuries and it has been embraced by most states in one form or the other. The principle serves several purposes, of which the most dominant is the notion of state sovereignty. States apply the double criminality principle differently due to its multiple rationale. Legal literature has distinguished two main methods of interpretation, called interpretation in abstracto and in concreto. Whereas the in abstracto method focuses on the theoretical punishability of the conduct, the in concreto method attaches importance to all factual, personal and legal aspects. There are also ways of interpretation that are a combination of these two methods. Most states can be classified into one of the two main groups of interpretation, but in general most states have adopted a specific method of interpretation that is unique to each particular state. There is thus no uniform method of interpretation in international extradition law. This thesis attempts to determine whether the double criminality principle has become a rule of customary international law. Though most instruments on international or domestic extradition law include the double criminality principle, the strong disagreement among legal scholars as to the legal status of the principle leads to the conclusion that the double criminality principle is not a rule of international law today. This thesis contains an examination of whether the principle of double criminality can be classified as an international human rights norm. Though the principle of double criminality has striking similarities with human rights as it partly aims at protecting individuals facing extradition, there are also a number of aspects that distinguish the principle from traditional human rights. This is partly attributable to the fact that international extradition law is not the arena where general international human rights have developed. It is therefore concluded that the double criminality principle does not form part of international human rights law.
AFRIKAANSE OPSOMMING: Die oogmerk van hierdie tesis is om die inhoud en status van die beginsel van dubbelkriminaliteit in internasionale uitleweringsreg te ondersoek. Hierdie beginsel behels dat die handeling ten opsigte waarvan die uitlewering versoek is, misdade in beide die staat wat uitlewering versoek as die staat waarvan uitlewering versoek word, is. Die metode wat hierdie tesis onderlê is 'n literatuurstudie van bronne in die internasionale en nasionale reg. Die dubbelkriminaliteitsbeginsel het oor etlike eeue ontwikkel. Dit word gevind in die meeste regstelsels. Die beginsel dien verskeie oogmerke, waarvan staatsoewereiniteit sekerlik die belangrikste is. State pas die beginselop verskillende maniere toe weens die verskeie bestaansredes vir die beginsel. Regsliteratuur tref 'n onderskeid tussen twee belangrike metodes van interpretasie, naamlik die in abstracto en in concreto benaderings. Terwyl die in abstracto metode op die teoretiese strafbaarheid van die handeling fokus, plaas die in concreto benadering klem op die feitelike, persoonlike en konkrete regsaspekte. Daar is kombinasies van hierdie metodes. Meeste state kan geklassifiseer word volgens die twee benaderings, maar tog pas state hierdie benaderings by hul besondere behoeftes aan. Daar is dus geen uniforme metode van interpretasie in internasionale uitleweringsreg nie. Hierdie tesis poog om te bepaal of die dubbelkriminaliteitsbeginsel 'n reël van gemeenregtelike internasionale reg geword het. Alhoewel meeste wetgewing op die terrein van internasionale en nasionale uitleweringsreg die beginsel van dubbelkriminalitiet insluit, is daar sterk meningsverskilonder regsgeleerdes tov die status van die beinsel. Die gevolgtrekking is dat die beginsel nie 'n algemene reël van die internasionale reg is nie. Ten slotte word daar gekyk of die dubbelkriminaliteitsbeginsel as 'n beginsel van internasionale menseregte geklassifiseer kan word. Alhoewel die beginsel ooreemste met menseregtenorme toon - veral die beskerming van die individu in uitleweringsaangeleenthede - is daar 'n aantal aspekte wat d it van menseregte 0 nderskei. I nternasionale uitleweringsreg en internasionale menseregte deel nie dieselfde ontwikkelingsgeskiedenis nie. Die gevolgtrekking is dus dat die dubbelkriminaliteitsbeginsel nie deel vorm van internasionale menseregte nie.
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Edwards, James Robert. "Uses and misuses of criminalisation." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:6f8c71da-bdcf-4412-aeaf-5463544b5908.

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Which uses of the power to criminalise are misuses of that power? When, in other words, is an exercise of the power to create a criminal offence an exercise of that power which cannot be morally justified? This thesis seeks to provide one part of the answer, by addressing an aspect of the question little discussed by criminal law theorists. Thus it seeks not classes of conduct which it is impermissible to criminalise, nor classes of objective which offence-creators cannot permissibly pursue. Rather the thesis addresses the distinct issue of means – of how criminal offences (are set up to) bring about their creators’ objectives. It asks which means of achieving objectives it is impermissible to employ or make available, and how the power to criminalise must be used to avoid their employment or availability. In answering these questions the thesis distinguishes a number of types of criminal offence, by reference to the means by which the tokens of each (are set up to) achieve objectives. The argument is that to create tokens of these types is often to misuse power, because it is often to employ, or make available, impermissible means. This judgment of impermissibility is a function of a number of principles of political morality, some of which are developed at length in the course of the thesis. No single principle (or set of principles) is presented as an absolute limit on the power to criminalise; but each is part of a complete picture of how that power can permissibly be used, and contributes to vindicating the thesis defended within these pages. That thesis, to repeat, is that some uses of criminalisation are no better than misuses, on account of the means by which the resulting offences (are set up to) achieve their creators’ ends.
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Luth, Margreet J. "Emotions in court : should the criminal justice process be concerned with the offender's inner feelings?" Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:0c48e482-6c50-413a-9a5e-dbdca8c7d3d0.

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This doctoral thesis aims to provide an answer to the question of why the criminal law should be concerned with the emotional response of the offender. Emotions have important instrumental aptness, such as the capacity to reveal a person's values to himself. Emotional obligations can exist within friendship, and even between strangers when the basic duty of respect has been breached. Emotions therefore have important roles to play in connection to wrongful acts between fellow citizens. The emotions that are the most relevant to the committing of a wrong are guilt and shame. The thought content of guilt is responsibility for a wrong, while the thought content of shame focuses on a weakness of the self. In response to a wrong, guilt feelings distance the wrongdoer from the moral falsehood that was implicit in the offence, restoring relations with society. Shame might have similar beneficial effects, but it might also tie the wrongdoer closer to a personal weakness (which is only indirectly related to the wrong) and might therefore weaken the relationship with himself and society. Preventing undesirable behavior is an aim of criminal law. Good criminal law should aim to persuade offenders to endorse the legal rule that was flouted by the offence. The law is not a suitable basis for citizen's emotional obligations, but emotions are particularly capable of allowing an offender to properly recognise certain reasons for obeying the law, such as moral reasons and reasons of respect for law. Guilt feelings in a setting of victim-offender mediation are very promising in this respect, while shame and humiliation run the risk of distancing the offender from his regard of himself as a moral person and society at large.
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Mallory, Jeri. "Comparisons of the Soul: A Foucauldian Analysis of Reasonable Doubt." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1409.

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The purpose of this paper is to uncover a new level of thinking regarding the discourse and debate around the standard of reasonable doubt and how it is used in our court rooms. The current argument surrounding the reasonable doubt standard has become circular and reached an impasse. By introducing the lens of social control and using the writings of notable French philosopher Michel Foucault, this paper looks at the origins and development of the reasonable doubt standard and links it with the increasing methods of social control present in punishment as well as evaluating the cultural narrative around its origin and assessing why this standard was permitted to continue to be a cornerstone of the Anglo-American judicial system.
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Haselkorn, Amelia A. "When Society Becomes the Criminal: An Exploration of Society’s Responsibilities to the Wrongfully Convicted." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/pitzer_theses/84.

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This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.
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Giddens, Thomas Philip. "Comics, crime, and the moral self : an interdisciplinary study of criminal identity." Thesis, University of Exeter, 2011. http://hdl.handle.net/10036/3622.

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An ethical understanding of responsibility should entail a richly qualitative comprehension of the links between embodied, unique individuals and their lived realities of behaviour. Criminal responsibility theory broadly adheres to ‘rational choice’ models of the moral self which subsume individuals’ emotionally embodied dimensions under the general direction of their rational will and abstracts their behaviour from corporeal reality. Linking individuals with their behaviour based only on such understandings of ‘rational choice’ and abstract descriptions of behaviour overlooks the phenomenological dimensions of that behaviour and thus its moral significance as a lived experience. To overcome this ethical shortcoming, engagement with the aesthetic as an alternative discourse can help articulate the ‘excessive’ nature of lived reality and its relationship with ‘orthodox’ knowledge; fittingly, the comics form involves interaction of rational, non-rational, linguistic, and non-linguistic dimensions, modelling the limits of conceptual thought in relation to complex reality. Rational choice is predicated upon a split between a contextually embedded self and an abstractly autonomous self. Analysis of the graphic novel Watchmen contends that prioritisation of rational autonomy over sensual experience is symptomatic of a ‘rational surface’ that turns away from the indeterminate ‘chaos’ of complex reality (the unstructured universe), instead maintaining the power of rational and linguistic concepts to order the world. This ‘rational surface’ is maintained by masking that which threatens its stability: the chaos of the infinite difference of living individuals. These epistemological foundations are reconfigured, via Watchmen, enabling engagement beyond the ‘rational surface’ by accepting the generative potential of this living chaos and calling for models of criminal identity that are ‘restless’, acknowledging the unique, shifting nature of individuals, and not tending towards ‘complete’ or stable concepts of the self-as-responsible. As part of the aesthetic methodology of this reconfiguration, a radical extension of legal theory’s analytical canon is developed.
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Parsley, Stephen. "Rethinking Legal Retribution." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/philosophy_theses/98.

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In this paper I discuss retributivist justifications for legal punishment. I argue that the main moral retributivist theories advanced so far fail to support a plausible system of legal punishment. As an alternative, I suggest, with some reservations, the legal retributivism advanced by Alan Brudner in his Punishment and Freedom.
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Books on the topic "Philosophy of criminal law"

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Philosophy of criminal law. Totowa, N.J: Rowman & Littlefield, 1987.

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May, Larry, and Zach Hoskins, eds. International Criminal Law and Philosophy. Cambridge: Cambridge University Press, 2009. http://dx.doi.org/10.1017/cbo9780511642265.

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Larry, May, and Hoskins Zachary 1973-, eds. International criminal law and philosophy. New York: Cambridge University Press, 2010.

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Penal philosophy. New Brunswick, N.J: Transaction Publishers, 2001.

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The philosophy of criminal law: Selected essays. New York: Oxford University Press, 2010.

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Viens, A. M., John Coggon, and Anthony S. Kessel, eds. Criminal Law, Philosophy and Public Health Practice. Cambridge: Cambridge University Press, 2013. http://dx.doi.org/10.1017/cbo9781139137065.

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Duff, Antony. Philosophical foundations of criminal law. Oxford: Oxford University Press, 2011.

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Philosophical foundations of criminal law. Oxford: Oxford University Press, 2011.

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Sá, Alvino Augusto de. Criminologia criminal e psicologia criminal. 2nd ed. São Paulo, SP, Brasil: Editora Revista dos Tribunais, 2010.

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Rodríguez, Laura Zúñiga. Política criminal. Madrid: Editorial Colex, 2001.

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Book chapters on the topic "Philosophy of criminal law"

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Katz, Leo. "Criminal Law." In A Companion to Philosophy of Law and Legal Theory, 90–102. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch4.

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Lagier, Daniel González. "The Debate in Criminal Law." In Law and Philosophy Library, 39–54. Dordrecht: Springer Netherlands, 2003. http://dx.doi.org/10.1007/978-94-017-0205-8_4.

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Husak, Douglas. "Criminal Law Theory." In The Blackwell Guide to the Philosophy of Law and Legal Theory, 107–21. Oxford, UK: Blackwell Publishing Ltd, 2008. http://dx.doi.org/10.1002/9780470690116.ch7.

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Lindgren, J. Ralph. "Adam Smith’s Treatment of Criminal Law." In Law and Philosophy Library, 63–81. Dordrecht: Springer Netherlands, 1994. http://dx.doi.org/10.1007/978-94-011-0748-8_4.

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Duff, R. A., and S. E. Marshall. "Liberty and Equality in Criminal Law." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–7. Dordrecht: Springer Netherlands, 2020. http://dx.doi.org/10.1007/978-94-007-6730-0_833-1.

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Morse, Stephen J. "Criminal Law and Addiction." In The Routledge Handbook of Philosophy and Science of Addiction, 540–53. 1 [edition]. | New York : Routledge, 2018. | Series: Routledge handbooks in philosophy: Routledge, 2018. http://dx.doi.org/10.4324/9781315689197-45.

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Hurd, Heidi M. "Paternalism and the criminal law." In The Routledge Handbook of the Philosophy of Paternalism, 277–92. New York : Routledge, 2018. | Series: Routledge handbooks in philosophy: Routledge, 2018. http://dx.doi.org/10.4324/9781315657080-23.

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Flanders, Chad. "Political Philosophy and Punishment." In The Palgrave Handbook of Applied Ethics and the Criminal Law, 521–45. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-22811-8_22.

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Robinson, John H., and Roberta M. Berry. "Unraveling the Codes: The Dialectic Between Knowledge of the Moral Person and Knowledge of the Genetic Person in Criminal Law." In Philosophy and Medicine, 287–317. Dordrecht: Springer Netherlands, 2002. http://dx.doi.org/10.1007/978-94-010-0269-1_14.

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Keiler, Johannes, Michele Panzavolta, and David Roef. "Criminal Law." In Introduction to Law, 129–63. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-57252-9_7.

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Conference papers on the topic "Philosophy of criminal law"

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Bogunović, Mirjana. "Incestum: love or criminal act?" In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws81_02.

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Biancu, Stefano. "Criminal law and cultural diversity: a philosophical approach (from a European Standpoint)." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg167_01.

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Tabatchikova, Anastasiya. "Problems of Balancing Private and Public Interests of States in the Criminalisation of International Crimes." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-22.

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The contemporary world often sees a contradiction between the actions of states to advocate their own interests and the interests of the international community in combating the most dangerous crimes. In the field of international criminal law, the problem of imbalance between interests of particular states (‘private’ interests), and the interests of the international community in general ‘public’ interests) is especially evident. This imbalance indirectly manifests in the occurrence of contentious situations during the criminalisation of international crimes in national law. This article covers the problem of the imbalance of interests, from its general philosophical underpinnings to specific manifestations in criminal law. This objective mediates the construction of the article according to the principle ‘from the general to the particular’: from the general problem of the relation of the interests of the state and the global community through the prism of international criminal law to the specific problems of criminalisation in domestic law. The article was prepared with the use of historical, comparative-legal, and formal-juridical methods. The ain provisions of the article are illustrated with examples from international and national law, supported by quotations from philosophers and contemporary scholars of the philosophy of international law. The author begins by exploring the development of ideas of sovereignty as a private interest of the state. Upon establishing that the evolution of sovereignty ideas has not led to its uniform understanding and consistency with the interests of international law, the author delves into the problems of international criminal law. The author adresses the problems occurring during the criminalisation of international crimes in the framework of domestic law. The author makes a conclusion regarding the possible ways of national law refinement for strengthening the interaction of states in the field of international criminal law.
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Zaharia, Virginia. "The Philosophical Vision of Legal Punishment." In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/73.

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The concept of punishment represents one of the most difficult legal issues that are related to the concept of human freedom and responsibility. Since Antiquity, the brilliant minds of humanity contemplated about the sense of punishment and the function of this institution. Each epoch analyses this concept from different aspects and some of them are reflected in the actual legislation. The most important principles of contemporary criminal law were expounded by the Ancient, Modern and Contemporary philosophers. The field of research of this article is the philosophy of punishment of criminal law. In this study, we have applied the method of historical research of the proposed topic, which gives us the opportunity to analyze the development of criminal punishment and its goals from a historical perspective. In this paper, we aimed to determine the philosophical base of the legal punishment that legitimizes the application of sanctions to the person who committed the crime. We established the importance of the theories developed by brilliant thinkers for the contemporary concept of penal retribution and legal regulation of this institution. This theme generates several discussions that are formed in the process of comparison and debating of the ideas of influential philosophers regarding the purpose of criminal punishment. Therefore, we consider that the analysis of the theories of great thinkers gives us the possibility to understand the complexity of the phenomenon of criminal punishment, and leads to the more effective application of state constraint towards the offender.
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Hosnah, Asmak ul. "Initiating of the Principle of Harmony in Criminal Law at the Community Relating to the Culture of Punitive Action based on the Perspective of Pancasila Law Philosophy." In 2nd Asian Education Symposium. SCITEPRESS - Science and Technology Publications, 2017. http://dx.doi.org/10.5220/0007302802840287.

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Augusto Suzuki Dias Cintra, Rodrigo, and Daniel Francisco Nagao Menezes. "General Law versus Specific Law." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg146_01.

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Romanovna, Afanasieva Olga, Afanasyev Pavel Borisovich, Goncharova Maria Vitalievna, Novikov Valery Anatolyevich, and Shiyan Valentina Ivanovna. "Criminal Community (Criminal Organization): Concept And Criminal Law Signs." In International Conference on Social and Cultural Transformations in the Context of Modern Globalism. European Publisher, 2021. http://dx.doi.org/10.15405/epsbs.2021.11.4.

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Dzhindzholiya, Raul', Ruslan Zhirov, and Azamat Dzuev. "EXEMPTION FROM CRIMINAL RESPONSIBILITY AND PUNISHMENTAS A FROM OF CRIMINAL PROTECTION." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/198-206.

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This article is devoted to the study of the essence and content of institutions of exemption from criminal responsibility and punishment. It is concluded that exemption from criminal responsibility and punishment as two types of criminal protection serve to implement the principles of humanism and justice in criminal law; ensure that the convict is corrected without criminal coercion.
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Dumas, Martin. "The missing link between property law and labour law." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws29_01.

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Falci Sousa Rocha Cunha, Juliana. "The intervenue of public law in private law: Brazilian reality." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws69_03.

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Reports on the topic "Philosophy of criminal law"

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NAVAL JUSTICE SCHOOL NEWPORT RI. Criminal Law Study Guide. Fort Belvoir, VA: Defense Technical Information Center, March 1989. http://dx.doi.org/10.21236/ada210285.

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NAVAL JUSTICE SCHOOL NEWPORT RI. Criminal Law Study Guide. Fort Belvoir, VA: Defense Technical Information Center, August 1991. http://dx.doi.org/10.21236/ada243909.

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NAVAL JUSTICE SCHOOL NEWPORT RI. Criminal Law Study Guide (Revision). Fort Belvoir, VA: Defense Technical Information Center, August 1998. http://dx.doi.org/10.21236/ada351003.

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NAVAL JUSTICE SCHOOL NEWPORT RI. Criminal Law Study Guide. Revision. Fort Belvoir, VA: Defense Technical Information Center, May 1990. http://dx.doi.org/10.21236/ada229204.

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Shavell, Steven. Economic Analysis of Public Law Enforcement and Criminal Law. Cambridge, MA: National Bureau of Economic Research, May 2003. http://dx.doi.org/10.3386/w9698.

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Allen, III, and Norman F. J. Reprisal Under International Law: A Defense to Criminal Conduct? Fort Belvoir, VA: Defense Technical Information Center, March 2009. http://dx.doi.org/10.21236/ada498017.

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Kofanov, Andrii, and Olena Kofanova. CRIMINAL LAW AND FORENSIC CLASSIFICATION OF SMOOTH-BORE FIREARMS. Intellectual Archive, April 2019. http://dx.doi.org/10.32370/iaj.2079.

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Dickson, Tiphaine. On the Poverty, Rise, and Demise of International Criminal Law. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.2703.

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Ovcharov, A. V. On criminal law approaches to the assessment of «friendly fire». DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0165.

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The article is devoted to the consideration of the phenomenon of «friendly fire» in modern military conflicts and the development of general criminal-legal approaches to its assessment. The article analyzes the causes of «friendly fire», discusses its types and provides the most famous cases of «fire on their own» in military history. Еhe article contains recommendations for determining the guilt of persons who committed cases of «friendly fire» and compares the phenomenon under consideration with the criminal-legal category of extreme necessity
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Dastur, Kersas. The Law of Occupation and Criminal Prosecution - A Perspective in Iraq. Fort Belvoir, VA: Defense Technical Information Center, February 2005. http://dx.doi.org/10.21236/ada464556.

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