Youngjae Lee

Fordham University School of Law

Professor of Law

150 West 62nd Street

New York, NY 10023

United States

  • Fordham University School of Law

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    • Tel: 212-636-7662
SCHOLARLY PAPERS

19

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3

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17

Scholarly Papers (19)

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1.

What is Philosophy of Criminal Law?

Criminal Law and Philosophy, 2013, Forthcoming, Fordham Law Legal Studies Research Paper No. 2189821
Number of pages: 16 Posted: 16 Dec 2012
Youngjae Lee
Fordham University School of Law
Downloads 650 (42,814)

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2.

The Constitutional Right Against Excessive Punishment

Virginia Law Review, Vol. 91, May 2005
Number of pages: 69 Posted: 15 Mar 2005
Youngjae Lee
Fordham University School of Law
Downloads 361 (88,424)

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Proportionality, Punishment, Eighth Amendment, Cruel and Unusual Punishments, Roper v. Simmons, Ewing v. California, Capital Punishment

3.

Law, Politics, and Impeachment: The Impeachment of Roh Moo-Hyun from a Comparative Constitutional Perspective

American Journal of Comparative Law, Vol. 53, 2005, Fordham Law Legal Studies Research Paper No. 97
Number of pages: 30 Posted: 03 Nov 2005 Last Revised: 05 Oct 2007
Youngjae Lee
Fordham University School of Law
Downloads 328 (98,461)
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Impeachment, Judicial Review, Constitutional Court of Korea

4.

Can Criminal Law Do without Moralism?

12 Journal of Moral Philosophy 103 (2015)
Number of pages: 5 Posted: 16 Feb 2013 Last Revised: 23 Aug 2017
Youngjae Lee
Fordham University School of Law
Downloads 218 (150,391)

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criminal law, punishment, legal moralism, retribution

5.

Punishing Disloyalty?: Treason, Espionage, and Transgression of Political Boundaries

Law and Philosophy, Vol. 31, 2012
Number of pages: 33 Posted: 10 Mar 2012
Youngjae Lee
Fordham University School of Law
Downloads 218 (150,391)

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treason, espionage, sabotage, betrayal, disloyalty, loyalty, patriotism, nationalism

6.

Military Veterans, Culpability, and Blame

Criminal Law and Philosophy, 2013, Forthcoming, Fordham Law Legal Studies Research Paper No. 2191880
Number of pages: 21 Posted: 20 Dec 2012
Youngjae Lee
Fordham University School of Law
Downloads 202 (161,536)

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veterans, culpability, posttraumatic stress disorder, PTSD, mitigation, punishment, retribution, blame, military, just and unjust war, war crimes

7.

Deontology, Political Morality, and the State

Ohio State Journal of Criminal Law, Vol. 8, 2011
Number of pages: 18 Posted: 09 Feb 2011 Last Revised: 10 May 2011
Youngjae Lee
Fordham University School of Law
Downloads 190 (170,854)

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Death Penalty, Reasonable Doubt, Deontology

8.

International Consensus as Persuasive Authority in the Eighth Amendment

University of Pennsylvania Law Review, Vol. 156, 2007, Fordham Law Legal Studies Research Paper No. 959706
Number of pages: 58 Posted: 28 Jan 2007 Last Revised: 23 Oct 2007
Youngjae Lee
Fordham University School of Law
Downloads 183 (176,760)

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9.

Recidivism as Omission: A Relational Account

Texas Law Review, Vol. 87, 2009, Fordham Law Legal Studies Research Paper No. 1310869
Number of pages: 51 Posted: 04 Dec 2008 Last Revised: 11 Mar 2009
Youngjae Lee
Fordham University School of Law
Downloads 169 (189,553)

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recidivism, repeat offender, habitual offender, criminal history, prior conviction, sentencing

10.

The Defense of Necessity and Powers of the Government

Criminal Law and Philosophy, Vol. 3, 2008, Fordham Law Legal Studies Research Paper No. 1234342
Number of pages: 14 Posted: 19 Aug 2008 Last Revised: 07 Sep 2008
Youngjae Lee
Fordham University School of Law
Downloads 167 (191,449)

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Necessity, Ticking Bomb, Torture

11.

Punishment as Reluctant Moralism

Criminal Law and Philosophy, Vol. 1, Spring 2007, Fordham Law Legal Studies Research Paper No. 936215
Number of pages: 8 Posted: 10 Oct 2006
Youngjae Lee
Fordham University School of Law
Downloads 134 (229,480)

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12.

Desert, Deontology, and Vengeance

Arizona State Law Journal, Vol. 42, 2011
Number of pages: 10 Posted: 09 Feb 2011
Youngjae Lee
Fordham University School of Law
Downloads 130 (235,006)

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Desert, Punishment, Vengeance, Retributivism

13.

Desert and the Eighth Amendment

University of Pennsylvania Journal of Constitutional Law, Vol. 10, 2008, Fordham Law Legal Studies Research Paper No. 1234263
Number of pages: 13 Posted: 19 Aug 2008 Last Revised: 20 Jan 2009
Youngjae Lee
Fordham University School of Law
Downloads 115 (257,462)

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desert, retribution, Eighth Amendment, Cruel and Unusual Punishments

14.

The Purposes of Punishment Test

Federal Sentencing Reporter, Vol. 23, No. 1, 2010
Number of pages: 4 Posted: 09 Feb 2011
Youngjae Lee
Fordham University School of Law
Downloads 109 (267,434)

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Death Penalty, Proportionality, Eighth Amendment, Cruel and Unusual Punishment

15.

Valuing Autonomy

Fordham Law Review, Vol. 75, p. 2973, May 2007
Number of pages: 16 Posted: 19 Jul 2007 Last Revised: 07 Feb 2011
Youngjae Lee
Fordham University School of Law
Downloads 86 (312,281)

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autonomy, constitution, cannibalism, sexual autonomy, Armin Meiwes, right to die

16.

Reasonable Doubt and Moral Elements

Journal of Criminal Law and Criminology, Vol. 105, No. 1, 2016
Number of pages: 27 Posted: 18 May 2017
Youngjae Lee
Fordham University School of Law
Downloads 83 (319,209)

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17.

Multiple Offenders and the Question of Desert

Sentencing Multiple Crimes (Jesper Ryberg, Julian V. Roberts & Jan W. de Keijser eds., 2017), Fordham Law Legal Studies Research Paper
Number of pages: 39 Posted: 01 Nov 2017 Last Revised: 17 Dec 2018
Youngjae Lee
Fordham University School of Law
Downloads 65 (366,112)

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bulk discount, multiple offenders, just deserts theory, multiple-offense sentencing, culpability, character, retributivism, single-crime offenders, repeat offenders

18.

The Criminal Jury, Moral Judgments, and Political Representation

University of Illinois Law Review, Forthcoming, Fordham Law Legal Studies Research Paper 3302648
Number of pages: 38 Posted: 02 Jan 2019 Last Revised: 22 Mar 2019
Youngjae Lee
Fordham University School of Law
Downloads 41 (449,178)

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Criminal Jury, Political Representation, Moral Judgements, Reasonable Doubt

19.

Reasonable Doubt and Disagreement

Legal Theory, Forthcoming
Posted: 18 May 2017
Youngjae Lee
Fordham University School of Law

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