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Philosophical Foundations of Criminal Law

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Oxford University Press
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Author Biography

R.A. Duff is a professor at the University of Minnesota Law School. He was educated at Oxford, and taught for forty years in the Philosophy Department at the University of Stirling.

Stuart P. Green is a Professor of Law at Rutgers Law School-Newark. He was educated at Yale Law School.

Table of Contents

1. Introduction: Searching for Foundations, R. A. Duff and Stuart P. Green
Part I: Criminal Law and Political Theory
2. Criminal Law as Public Law, Malcolm Thorburn
3. Republicanism and the Foundations of Criminal Law, Richard Dagger
4. Political Theory and the Criminal Law, Matt Matravers
5. Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law, Markus D. Dubber
6. Responsibility for the Criminal Law, Alice Ristroph
7. Responsibility, Citizenship, and Criminal Law, R. A. Duff
Part II: The Substance of Criminal Law
8. The Resurgence of Character: Responsibility in the Context of Criminalization, Nicola Lacey
9. Intention as a Marker of Moral Culpability and Legal Punishability, Michael S. Moore
10. Wrongdoing and Motivation, Victor Tadros
11. Understanding the Topography of Moral and Criminal Law Norms, Kenneth W. Simons
12. Beyond the Special Part, Larry Alexander and Kimberly Kessler Ferzan
13. Just Prevention: Preventive Rationales and the Limits of the Criminal Law, Andrew Ashworth and Lucia Zedner
14. The Ontological Problem of 'Risk' and 'Endangerment' in Criminal Law, Peter Westen
15. The De Minimis 'Defence' to Criminal Liability, Douglas Husak
16. Just Deserts in Unjust Societies: A Case-specific Approach, Stuart P. Green
Part III: Process and Punishment
17. Groundwork for a Jurisprudence of Criminal Procedure, Paul Roberts
18. The Substance-Procedure Relationship in Criminal Law, Donald Dripps
19. Two Kinds of Retributivism, Mitchell N. Berman
Prat IV: Across the Borders and into the Future
20. Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that Do Not Cross International Borders, Christopher Wellman
21. Criminal Law and Morality at War, Adil Ahmad Haque
22. Criminal Liability and 'Smart' Environments, Mireille Hildebrandt

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