Duress, Demanding Heroism and Proportionality
- Luis E. Chiesa
- Law, Political Science
- 1 May 2008
This Article discusses the Erdemovic case in order to examine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting…
Why is it a Crime to Stomp on a Goldfish? - Harm, Victimhood and the Structure of Anti-Cruelty Offenses
- Luis E. Chiesa
- Law
- 9 March 2008
In the article it is argued that, contrary to what prominent animal law scholars such as Gary Francione claim, we have decided to criminalize harm to animals primarily because we are concerned about…
Reassessing Professor Dressler’s Plea for Complicity Reform: Lessons from Civil Law Jurisdictions
- Luis E. Chiesa
- Law
- 2014
Consent is Not a Defense to Battery: A Reply to Professor Bergelson
- Luis E. Chiesa
- Law
- 8 July 2010
In this essay I argue that, contrary to what most criminal law scholars believe, consent does not operate as a justification that relieves the actor of liability for conduct that admittedly satisfies…
The Rise of Spanish and Latin American Criminal Theory
- Luis E. Chiesa
- Law
- 1 August 2008
As the contributions to this two-part special issue demonstrate, Spanish and Latin American criminal theory has attained a remarkable degree of sophistication. Regrettably, Anglo-American scholars…
The Puzzle of Inciting Suicide
- G. O'Rourke, Luis E. Chiesa
- Law, Psychology
- 2019
In 2017, a Massachusetts court convicted Michelle Carter of manslaughter for encouraging the suicide of Conrad Roy by text message, but imposed a sentence of only fifteen months. The conviction was…
The Act Requirement as a Basic Concept of Criminal Law
- Luis E. Chiesa
- Law
- 2007
In The Grammar of Criminal: Law American, Comparative, International, Fletcher elaborated what he called a “communicative concept of action.”1 According to Fletcher, it is necessary to examine the…
Animal Rights Unraveled: Why Abolitionism Collapses into Welfarism and What It Means for Animal Ethics
- Luis E. Chiesa
- Philosophy
- 24 January 2017
Most people support laws that seek to reduce the suffering of animals. Yet animal cruelty statutes and other kinds of animal welfare laws are under sustained attack by the so-called abolitionists.…
Beyond Torture: The Nemo Tenetur Principle in Borderline Cases
- Luis E. Chiesa
- Law
- 1 May 2009
In this article I examine three borderline cases in which it is not clear whether a confession had been obtained in violation of the nemo tenetur principle (i.e. the rights against self-incrimination…
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