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9780195094961

Foundations of Criminal Law

by ; ;
  • ISBN13:

    9780195094961

  • ISBN10:

    0195094964

  • Format: Paperback
  • Copyright: 1999-03-18
  • Publisher: Oxford University Press, USA
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List Price: $19.95

Summary

Foundations of Criminal Law presents a comprehensive examination of the general part of criminal law--that is, the foundational elements of liability--through interdisciplinary readings drawn primarily from law, philosophy, and the behavioral sciences. The selections range from classical treatments to contemporary approaches, and the topics include--among others--theories of punishment, mental states, causation, justification and excuse, and sentencing. A general introduction precedes each section and the readings are followed by comments and questions designed to engage the reader analytically.

Table of Contents

Introduction
The Crime Problem: Theory And Evidence
Why is Crime Attractive? Seductions and Repulsions of Crime
Facts
Facts a Theory of Crime Ought to Fit
Explanations and Proposals
Causes of Violence
Malign Neglect
What to Do about Crime
Crime and Punishment
The Nature of Punishment and the Boundaries of the Criminal Law
Punishment
An Economic Theory of the Criminal Law
The Nature of a Theory of the Criminal Law
The Moral Justification for Punishment
Introduction
A Taxonomy of Purposes for Punishment
Utilitarianism
An Introduction to the Principles of Morals and Legislation
The Argument for Retributivism
Retributivism
The Metaphysical Elements of Justice
Persons and Punishment
The Moral Worth of Retribution
Humanitarian or Scientific Alternatives to Punishment: The Rehabilitative Ideal
The Crime of Punishment
Beyond Freedom and Dignity
The Humanitarian Theory of Punishment
Attempts to Integrate the Divergent Theories of Punishment
Punishment and Responsibility
What to Punish
Getting at the Question and Its Possible Answers
Harm to Others
The "Soft Harm" of Psychic or Moral Offense as a Justification of Criminial Legislation
Offense to Others
The Paternalistic Concern about Harm to the Actors Whose Behavior is Prohibited
Paternalism
Using the Criminal Law to Punish or Prevent Moral Wrongdoing
Harmless Wrongdoing
A Theory of Criminal Law Theories
Principal Liability
Introduction
The Criminal Law and the Luck of the Draw
The Independent Moral Significance of Wrongdoing
Acts and Omissions
Crimes of Omission
Interfering
Act and Crime
Causation
Causation and the Law
Legality
The Principle of Legality
Legality, Vagueness, and the Construction of Penal Statutes
Mental States
The Explanation of Human Action
Responsibility
The General Part: Accomplice, Attempt, and Conspiracy Liability
Accomplice Liability
Aid and Comfort
Complicity, Cause, and Blame: A Study in the Interpretation of Doctrine
The Theory of Derivative Liability
Attempt Liability
Constructing a Theory of Impossible Attempts
Justification and Excuse
Distinguishing Justification and Excuse
The Perplexing Borders of Justification and Excuse
Justification: Defensive Force
Putative Self-Defense and Rules of Imputation in Defense of the Battered Woman
The Enterprise of Prevention and the Principle of Proportional Response
Excuse Generally
Brain
Table of Contents provided by Publisher. All Rights Reserved.

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