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9780198258063

Action and Value in Criminal Law

by ; ;
  • ISBN13:

    9780198258063

  • ISBN10:

    0198258062

  • Format: Hardcover
  • Copyright: 1994-03-10
  • Publisher: Clarendon Press
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Summary

In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, reveal hidden truths, and establish new patterns of thought. Their always illuminating and sometimes startling conclusions makes this essential reading for all those interested in the philosophy of criminal law.

Table of Contents

Introduction: The Logic of Criminal Law, Stephen Shute, John Gardner, and Jeremy Horder
Agency and Welfare in the Penal Law
Acting, Trying, and Criminal Liability
On What's Intentionally Done
Taking the Consequences
Foreseeing Harm Opaquely
Culpability and Mistake of Law
The Nature of Justification
Should the Criminal Law Abandon the Actus Reus/Mens Rea Distinction?
Subjectivism and Objectivism: Towards Synthesis
Diminished Capacity
Value, Action, Mental Illness, and the Law
Table of Contents provided by Publisher. All Rights Reserved.

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