Vincent Chiao

Papers

Titles link to a free copy where I am able to post one, and otherwise to the published version. If you’re interested in a working paper, send me an email and I’ll send you the most recent version.

Work in progress

Draft
Cooperation and the retributive sentiments
Working draft.
Abstract

The retributive sentiments require justification: blame, resentment and indignation are costly, and it is not analytic that respect for a norm includes resenting its violation. Working from the outside in, I argue that the retributive sentiments are possible only if, and because, cooperation is possible, and that conformity-biased cultural transmission explains how a disposition to third-party punishment can be individually rational despite the standing incentive to free ride. The second half of the paper turns to the implications for legal and political philosophy, contrasting the cooperative architecture of informal social order with that of formal, rule-governed institutions, and asking how the two interact in criminal justice.

Draft
Law, trust, and social order
With Hadar Dancig-Rosenberg. Working draft.
Draft
Perfect law, perfect compliance
Working draft.
Book
The Normal and the Normative: Rules, Norms and the Making of Social Order
Current book project.

Articles and book chapters

Forth.
Unreasonably Hypothetical: What’s Wrong with Section 12
With François Tanguay-Renaud. McGill Law Journal, forthcoming.
2026
Must States Do It Themselves? A Rights-Based Theory of Delegating State Coercion
Journal of Ethics & Social Philosophy 31(3): 442–468. Peer reviewed
2025
Excess Incarceration
Journal of Applied Philosophy 42(4): 1210–1229. Peer reviewed
2025
The Rule of Law After the Anthropocene
In Artificial Intelligence, Humans, and the Law, ed. H. P. Olsen et al. (Routledge), 290–306.
2024
Disobedience as Such
With Alon Harel. Jurisprudence 15(4): 497–514. Peer reviewed
2024
2023
Content Moderation Online: Regulation Ex Ante Versus Ex Post
With Alon Harel. University of Illinois Law Review 2023(5): 1587–1603.
2023
Explainability and the Epistemic Division of Labour in Adjudication
With Martin Heslop. University of Toronto Law Journal 73(S1): 73–91.
2023
From the Philosophy of Punishment to the Philosophy of Criminal Justice
With Javier Wilenmann. In The Palgrave Handbook on the Philosophy of Punishment, ed. Matthew C. Altman (Palgrave Macmillan), 357–376.
2022
Proportionality and Its Discontents
Law and Philosophy 41(2): 193–217. Peer reviewed

Cited by the Supreme Court of Canada in Quebec (Attorney General) v. Denis, 2026 SCC 25.

2022
Transparency at Sentencing: Are Human Judges More Transparent Than Algorithms?
In Sentencing and Artificial Intelligence, ed. Julian V. Roberts and Jesper Ryberg (Oxford University Press), 34–56.
2022
Realism and the Rational Administration of the Law in Beccaria
In Re-Reading Beccaria, ed. Antje du Bois-Pedain and Shachar Eldar (Hart Publishing).
2021
Hyperlexis and the Rule of Law
Legal Theory 27(2): 126–148. Peer reviewed
2021
Algorithmic Decision-Making When Humans Disagree on Ends
With Kiel Brennan-Marquez. New Criminal Law Review 24(3): 275–300.
2021
Corruption and the Criminal Law: Assurance and Deterrence
University of Toronto Law Journal 71(S1): 8–34.
2021
Policing Entrapment
Manitoba Law Journal 44(1): 295–320.
2019
Capital Punishment and the Owl of Minerva
In The Palgrave Handbook of Applied Ethics and the Criminal Law, ed. Larry Alexander and Kimberly Kessler Ferzan (Palgrave Macmillan), 241–261.
2019
2018
Predicting Proportionality: The Case for Algorithmic Sentencing
Criminal Justice Ethics 37(3): 238–261. Peer reviewed
2017
Mass Incarceration and the Theory of Punishment
Criminal Law and Philosophy 11(3): 431–452. Peer reviewed
2016
What Is the Criminal Law For?
Law and Philosophy 35(2): 137–163. Peer reviewed
2016
Discretion and Domination in Criminal Procedure: Reflections on Pettit
Politics, Philosophy & Economics 15(1): 92–110. Peer reviewed
2015
Two Conceptions of the Criminal Law
In The New Philosophy of Criminal Law, ed. Chad Flanders and Zachary Hoskins (Rowman & Littlefield).
2014
Acts and Actus Reus
In The Oxford Handbook of Criminal Law, ed. Markus D. Dubber and Tatjana Hörnle (Oxford University Press), 447–467.
2014
Equality, Assurance, and Criminalization
Canadian Journal of Law & Jurisprudence 27(1): 5–26. Peer reviewed
2013
Punishment and Permissibility in the Criminal Law
Law and Philosophy 32(6): 729–765. Peer reviewed
2012
Ex Ante Fairness in Criminal Law and Procedure
New Criminal Law Review 15(2): 277–332. Peer reviewed
2010
Intention and Attempt
Criminal Law and Philosophy 4(1): 37–55. Peer reviewed
2009
Action and Agency in the Criminal Law
Legal Theory 15(1): 1–23. Peer reviewed

Reviews and review essays

2024
Review of Joseph Heath, The Machinery of Government
University of Toronto Law Journal 74(1): 109–117.
2023
What Does It Mean to End Mass Incarceration, and How Would We Know If We Did?
Review essay on Katherine Beckett, Ending Mass Incarceration. Criminal Justice Ethics 42(1): 86–98.
2022
2018
Reflections on Themes from The Realm of Criminal Law
Review essay on Antony Duff, The Realm of Criminal Law. Jerusalem Review of Legal Studies 18(1): 38–49.
2017
Making Modern Criminal Law Theory: Reflections on Farmer
Review essay on Lindsay Farmer, Making the Modern Criminal Law. Critical Analysis of Law 4(1): 1–10.
2017
2016
2014
Review of Philip Pettit and Christian List, Group Agency
University of Toronto Law Journal 64(5): 753–770.
2011
Review of A. P. Simester and Andreas von Hirsch, Crimes, Harms, and Wrongs
Criminal Law and Criminal Justice Books, November 2011.

White papers

2020
Test, Trace, and Isolate: COVID-19 and the Canadian Constitution
With Lisa Austin, Beth Coleman, David Lie, Martha Shaffer, Andrea Sloane, and François Tanguay-Renaud.