Emma DicksonFinal Self-AssessmentThis course considers to central questions: what justifies state criminalization of behavior and what can be permissibly criminalized? To…Dec 7, 2021Dec 7, 2021
Emma DicksonMens Rea by the NumbersIn his piece “Mens Rea by the Numbers,” Yaffe addresses a federal criminal justice reform bill proposing to include a default mens rea…Nov 16, 2021Nov 16, 2021
Emma DicksonLegal Liability and Criminal OmissionsIllegal omissions are defined as the failure to do what is required by law (Smith 69). We hold people criminally liable for omissions, but…Nov 9, 2021Nov 9, 2021
Emma DicksonAttempted CrimesIn Gideon Yaffe’s “Trying, acting and attempted crimes” he argues that one can deny moral luck but still accept the criminalization of…Nov 3, 2021Nov 3, 2021
Emma DicksonBrink’s Take on CulpabilityTo begin his discussion in The Nature and Significance of Culpability, David Brink distinguishes between three types of culpability…Oct 26, 2021Oct 26, 2021
Emma DicksonIdentification Principle and Laws Made to be BrokenEdwards’ overall argument is that the criminal law should not contain laws made to be broken (LMBs) because they violate the identification…Oct 19, 2021Oct 19, 2021
Emma DicksonWrongness ConstraintSimester and von Hirsch discuss when the criminal law is justified in criminalizing a certain conduct. They see criminal law as a coercive…Oct 13, 2021Oct 13, 2021
Emma DicksonLegal MoralismTo begin the conversation on legal moralism, Duff makes distinctions between different families of legal moralism: negative vs. positive…Sep 28, 2021Sep 28, 2021
Emma DicksonSovereignty PrincipleIn Guerrero’s “Beyond the Harm Principle,” he rejects the harm principle on the grounds that it fails to encompass all wrongdoings that…Sep 21, 2021Sep 21, 2021
Emma DicksonPaternalismPaternalism refers to interference with a person’s liberty for his own good. It imposes a perception of good on someone; it is not…Sep 14, 2021Sep 14, 2021