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Efficiency, Practices, and the Moral Point of View: Limits of Economic Interpretations of Law

In Mark White (ed.), Theoretical Foundations of Law and Economics. Cambridge University Press (2009)

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  1. Entrapment and Retributive Theory.Mark Tunick - 2011 - In Mark White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press.
    I address the question, ‘Should a retributivist support an entrapment defense and if so, under what circumstances?’, by considering the culpability of entrapped defendants. An entrapment defense is invoked by defendants who claim they violated the law because they were enticed to crime by the police and would not otherwise have committed the crime. There are different rationales for the defense: people who are normally law abiding, and who are not predisposed to commit crimes, do not commit crimes merely when (...)
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