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Criminally Ignorant
The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for change.
Downwind of the Atomic State
How the scientific community overlooked, ignored, and denied the catastrophic fallout of decades of nuclear testing in the American West In December of 1950, President Harry Truman gave authorization for the Atomic Energy Commission to conduct weapons tests and experiments on a section of a Nevada gunnery range. Over the next eleven years, more than a hundred detonations were conducted at the Nevada Test Site, and radioactive debris dispersed across the communities just downwind and through much of the country. In this important work, James C. Rice tells the hidden story of nuclear weapons testing and the negligence of the US government in protecting public health. Downwind of the Atomic Sta...
A Communitarian Theory of WTO Law
Since 1995 there has been intense debate about whether the WTO Agreement is just. Many observers point to the association of the treaty with intensive interdependence and the disruptive effects of globalization to assert that it is unjust. Nevertheless, justice in sovereign terms is different from justice in human terms. This book puts forward a theory of WTO law to explain the difference and its implications for the international trading system. It details how economic interdependence gives rise to an interdependent view of the relationship between different forms of justice and to interdependent obligations in WTO law. It also suggests how the WTO dispute settlement system might have a residual value as a locus for transformative outcomes despite contemporary concerns about the system's political acceptability. Taken together, such insights may assist in identifying elements of a general theory of law.
Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Oxford Studies in Metaethics Volume 18
Oxford Studies in Metaethics is the only publication devoted exclusively to original philosophical work in the foundations of ethics. It provides an annual selection of much of the best new scholarship being done in the field. Its broad purview includes work being done at the intersections of ethical theory with metaphysics, epistemology, philosophy of language, and philosophy of mind. The essays included in the series provide an excellent basis for understanding recent developments in the field; those who would like to acquaint themselves with the current state of play in metaethics would do well to start here.
Legal Aspects of Autonomous Systems
As computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena. The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for t...
Beyond Complicity
An ambitious study of our obsession with complicity that shows how we can all become "good accomplices." Beyond Complicity is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone "knew" they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene? Francine Banner ties together pop culture, politics, law, and social movements to provide a framework for thinking about what we know intuitively: that our society is defined by crisis, risk, and the quest to root out hazards at all costs. Engaging with legal cases, historical examples, and contemporary case studies, Beyond Complicity unfolds the complex role that complicity plays in US law and society today, offering suggestions for how to shift focus away from blame and toward positive, lasting systemic change.
The Measure of Greatness
In The Measure of Greatness, thirteen scholars explore the various philosophical and theological approaches to the virtue of magnanimity, or greatness of soul, in ancient, medieval, and modern thought.
Evil Corporations
This book elaborates and interrogates the idea of evil corporations from a diverse range of disciplines. There has long been awareness of systemic harms inflicted by corporations, but this awareness has rarely led to any effective legal means to prevent and/or respond adequately to them. Lawyers and legal theorists appear to be stuck asking the same questions, and giving the same ineffective answers. Part of the problem, this book maintains, is the relative lack of theoretical interrogation into the nature of corporations as responsible, moral agents. To break this stasis, this book draws upon philosophies of wickedness in order to ask whether or not corporations are, or can be, evil. With c...
The Palgrave Handbook of Applied Ethics and the Criminal Law
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
