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The Criminal Law and the Luck of the Draw

Sanford H. Kadish
- 01 Jan 1993 - 
- Vol. 84, Iss: 4, pp 679
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This article is published in Journal of Criminal Law & Criminology.The article was published on 1993-01-01 and is currently open access. It has received 48 citations till now. The article focuses on the topics: Criminal law & Luck.

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Journal ArticleDOI

Embracing Chance: Post-Modern Meditations on Punishment

TL;DR: In this article, the authors argue that we should abandon the misguided project of modernity, recognize once and for all the limits of reason, and turn instead to randomization and chance, and leave the decision-making to the coin toss, the roll of the dice, the lottery draw.
Journal ArticleDOI

Moral Responsibility and “Moral Luck”

TL;DR: The authors argued that moral responsibility is an indissoluble part of moral responsibility in a world of intellectually and morally fallible persons, and that judgment on the moral decision making of others not only must, but in principle can, adjust for this fact.
Book

Freedom and Criminal Responsibility in American Legal Thought

TL;DR: In this article, the authors focus on the early 20th century and the emergence of the Progressive Era: the era of freedom and criminal responsibility in the Age of Pound, and the moral context of the law, and reinterpretations of the progressive inheritance.
Journal ArticleDOI

The criminalisation of HIV transmission

TL;DR: This paper briefly explores the current possibilities for prosecution under English law and outlines and comment on the issues relevant to criminalisation, responding in part to points made by Bennett, Draper, and Frith and also by Bird and Leigh Brown in a recent article in the BMJ.
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