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The Concept of Entrapment
(Journal article; Tidsskriftartikkel; Peer reviewed, 2017-08-23)
Our question is this: What makes an act one of entrapment? We make a standard
distinction between <i>legal entrapment</i>, which is carried out by parties acting in their
capacities as (or as deputies of) law-enforcement agents, and <i>civil entrapment</i>, which is
not. We aim to provide a definition of entrapment that covers both and which, for reasons
we explain, does not settle questions of ...
Entrapment
(Chapter; Bokkapittel, 2023)
The word ‘entrapment’ has three common usages in legal discourse. First, it is used in
connection with acts of entrapment: it applies, at least, to a class of acts in which a party,
whom we call the ‘agent’, intentionally brings it about that another party, whom we call the
‘target’, performs a distinct act that is of a criminal type. Secondly, it is used to refer to a
method of proactive law ...
Liberalism and the right to strike
(Chronicle; Kronikk, 2022-05-12)
Although trade union membership in the UK went into serious decline in the decades following the Conservative election victory of 1979, recent years have seen an increase. Strikes nowadays are typically lesser in scale and duration than the big strikes of the twentieth century. The law on ballot thresholds under the Trade Union Act 2016 represents a formidable obstacle. Nevertheless, strikes remain ...
What is the incoherence objection to legal entrapment?
(Journal article; Tidsskriftartikkel; Peer reviewed, 2022-05-27)
Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise ...
Policing, Undercover Policing and ‘Dirty Hands’: The Case of State Entrapment
(Journal article; Tidsskriftartikkel, 2024)
Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, ...