Jaclyn BurkeFinal Medium PostThe goal of every reading we have discussed in this class is to define what behavior should be criminal. This is just a crude…Apr 27, 2022Apr 27, 2022
Jaclyn Burke“Laws that are Made to be Broken” — EdwardsIn “Laws that are Made to be Broken” by Edwards, the philosopher explores the ideas of proportionality and pre-identification in terms…Apr 10, 2022Apr 10, 2022
Jaclyn Burke“Trying, Acting, and Attempted Crimes” — YaffeeIn “Trying, Acting, and Attempted Crimes”, Yaffee explores the ways in which attempted crimes can be criminalized despite the crime itself…Mar 29, 2022Mar 29, 2022
Jaclyn Burke“The Unfairness of Risk-Based Possession Offenses” — AshworthIn “The Unfairness of Risk-Based Possession Offenses”, Ashworth explores possession offenses and how to criminalize such offenses. A…Mar 22, 20221Mar 22, 20221
Jaclyn Burke“Criminalizing Failure to Rescue” — von HirschIn “Criminalizing Failure to Rescue”, von Hirsch explores the idea of omissions and how it reacts with criminal liability. The biggest…Mar 15, 2022Mar 15, 2022
Jaclyn Burke“The Voluntary Act Requirement” — YaffeeIn “The Voluntary Act Requirement”, Yaffee explores the voluntary act requirement and how it is used to punish and label criminal acts. In…Mar 2, 2022Mar 2, 2022
Jaclyn Burke“Crimes, Harms, and Wrongs” — Simester and von HirschIn Simester and von Hirsch’s Crimes, Harms, and Wrongs, they introduce three theses concerning wrongfulness. The three theses are the…Feb 24, 2022Feb 24, 2022
Jaclyn Burke“Beyond the Harm Principle” — RipsteinIn Beyond the Harm Principle by Arthur Ripstein, the notion introduced by Mill of the harm principle is challenged. Ripstein introduces…Feb 15, 20221Feb 15, 20221
Jaclyn Burke“Towards a Modest Legal Moralism” — DuffIn Duff’s “Towards a Modest Legal Moralism”, he explores the views of the positive and negative legal moralists. For the sake of this post…Feb 8, 2022Feb 8, 2022
Jaclyn Burke“Paternalism” — DworkinIn Dworkin’s “Paternalism” he discusses the lengths to which legislation may limit a person’s autonomy in an effort to reduce some type of…Feb 2, 2022Feb 2, 2022