The Oxford Handbook of Philosophy of Criminal Law

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Publisher : Oxford University Press
ISBN 13 : 0195314859
Total Pages : 540 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Oxford Handbook of Philosophy of Criminal Law by : John Deigh

Download or read book The Oxford Handbook of Philosophy of Criminal Law written by John Deigh and published by Oxford University Press. This book was released on 2011-09-22 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.

The New Philosophy of Criminal Law

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Publisher : Rowman & Littlefield
ISBN 13 : 1783484152
Total Pages : 284 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The New Philosophy of Criminal Law by : Chad Flanders

Download or read book The New Philosophy of Criminal Law written by Chad Flanders and published by Rowman & Littlefield. This book was released on 2015-12-16 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.

Philosophical Foundations of Criminal Law

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Publisher : OUP Oxford
ISBN 13 : 0191654698
Total Pages : 560 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Philosophical Foundations of Criminal Law by : R. A. Duff

Download or read book Philosophical Foundations of Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-24 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

Act and Crime

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Publisher :
ISBN 13 : 0199599505
Total Pages : 433 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Act and Crime by : Michael S. Moore

Download or read book Act and Crime written by Michael S. Moore and published by . This book was released on 2010 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.

Offences and Defences

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Publisher : Oxford University Press, USA
ISBN 13 : 0199239355
Total Pages : 303 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Offences and Defences by : John Gardner

Download or read book Offences and Defences written by John Gardner and published by Oxford University Press, USA. This book was released on 2007-11-08 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A selection of some of the author's best-known and most provocative writings on criminal law. Although it discusses the legitimacy of criminal punishment, it proceeds on the footing that the criminal law does many important things apart from punishing people.

Philosophy, Crime, and Criminology

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Publisher : University of Illinois Press
ISBN 13 : 0252090411
Total Pages : 307 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis Philosophy, Crime, and Criminology by : Bruce A. Arrigo

Download or read book Philosophy, Crime, and Criminology written by Bruce A. Arrigo and published by University of Illinois Press. This book was released on 2010-10-01 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy, Crime, and Criminology represents the first systematic attempt to unpack the philosophical foundations of crime in Western culture. Utilizing the insights of ontology, epistemology, aesthetics, and ethics, contributors demonstrate how the reality of crime is informed by a number of implicit assumptions about the human condition and unstated values about civil society. Charting a provocative and original direction, editors Bruce A. Arrigo and Christopher R. Williams couple theoretically oriented chapters with those centered on application and case study. In doing so, they develop an insightful, sensible, and accessible approach for a philosophical criminology in step with the political and economic challenges of the twenty-first century. Revealing the ways in which philosophical conceits inform prevailing conceptions of crime, Philosophy, Crime, and Criminology is required reading for any serious student or scholar concerned with crime and its impact on society and in our lives.

Crime and Culpability

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Publisher : Cambridge University Press
ISBN 13 : 0521518776
Total Pages : 375 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Crime and Culpability by : Larry Alexander

Download or read book Crime and Culpability written by Larry Alexander and published by Cambridge University Press. This book was released on 2009-03-23 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive theory of a culpability-based criminal law.

International Criminal Law and Philosophy

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Publisher : Cambridge University Press
ISBN 13 : 1139482025
Total Pages : 269 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Criminal Law and Philosophy by : Larry May

Download or read book International Criminal Law and Philosophy written by Larry May and published by Cambridge University Press. This book was released on 2009-10-12 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

Ignorance of Law

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Publisher : Oxford University Press
ISBN 13 : 0190604700
Total Pages : 321 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Ignorance of Law by : Douglas Husak

Download or read book Ignorance of Law written by Douglas Husak and published by Oxford University Press. This book was released on 2016-07-21 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.

Punishment and the History of Political Philosophy

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Publisher : University of Toronto Press
ISBN 13 : 1442647280
Total Pages : 191 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Punishment and the History of Political Philosophy by : Arthur Shuster

Download or read book Punishment and the History of Political Philosophy written by Arthur Shuster and published by University of Toronto Press. This book was released on 2016-01-01 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.

Rethinking Criminal Law Theory

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319033
Total Pages : 334 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Rethinking Criminal Law Theory by : Francois Tanguay-Renaud

Download or read book Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University

Overcriminalization

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Publisher : Oxford University Press
ISBN 13 : 0198043996
Total Pages : 244 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Overcriminalization by : Douglas Husak

Download or read book Overcriminalization written by Douglas Husak and published by Oxford University Press. This book was released on 2008-01-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

A Philosophy of Evidence Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0199228302
Total Pages : 362 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis A Philosophy of Evidence Law by : H. L. Ho

Download or read book A Philosophy of Evidence Law written by H. L. Ho and published by Oxford University Press, USA. This book was released on 2008-03-06 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

Basic Concepts of Criminal Law

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Publisher : Oxford University Press
ISBN 13 : 0199729212
Total Pages : 236 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Basic Concepts of Criminal Law by : George P. Fletcher

Download or read book Basic Concepts of Criminal Law written by George P. Fletcher and published by Oxford University Press. This book was released on 1998-09-03 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.

Intention, Agency and Criminal Liability

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Publisher : Wiley-Blackwell
ISBN 13 : 9780631153122
Total Pages : 219 pages
Book Rating : 4.1/5 (531 download)

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Book Synopsis Intention, Agency and Criminal Liability by : Antony Duff

Download or read book Intention, Agency and Criminal Liability written by Antony Duff and published by Wiley-Blackwell. This book was released on 1990-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Ends of Harm

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Publisher : Oxford University Press, USA
ISBN 13 : 0199554420
Total Pages : 385 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Ends of Harm by : Victor Tadros

Download or read book The Ends of Harm written by Victor Tadros and published by Oxford University Press, USA. This book was released on 2011-09-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.

Truth, Error, and Criminal Law

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Publisher : Cambridge University Press
ISBN 13 : 113945708X
Total Pages : 235 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Truth, Error, and Criminal Law by : Larry Laudan

Download or read book Truth, Error, and Criminal Law written by Larry Laudan and published by Cambridge University Press. This book was released on 2006-06-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.