The Oxford Handbook of Philosophy of Criminal Law

The Oxford Handbook of Philosophy of Criminal Law PDF

Author: John Deigh

Publisher: Oxford University Press

Published: 2011-09-22

Total Pages: 540

ISBN-13: 0195314859

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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

The New Philosophy of Criminal Law PDF

Author: Chad Flanders

Publisher: Rowman & Littlefield

Published: 2015-12-16

Total Pages: 284

ISBN-13: 1783484152

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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.

Act and Crime

Act and Crime PDF

Author: Michael S. Moore

Publisher:

Published: 2010

Total Pages: 433

ISBN-13: 0199599505

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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.

Philosophy, Crime, and Criminology

Philosophy, Crime, and Criminology PDF

Author: Bruce A. Arrigo

Publisher: University of Illinois Press

Published: 2010-10-01

Total Pages: 307

ISBN-13: 0252090411

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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.

International Criminal Law and Philosophy

International Criminal Law and Philosophy PDF

Author: Larry May

Publisher: Cambridge University Press

Published: 2009-10-12

Total Pages:

ISBN-13: 1139482025

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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.

Crime and Culpability

Crime and Culpability PDF

Author: Larry Alexander

Publisher: Cambridge University Press

Published: 2009-03-23

Total Pages: 375

ISBN-13: 0521518776

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This book presents a comprehensive theory of a culpability-based criminal law.

Philosophy and the Criminal Law

Philosophy and the Criminal Law PDF

Author: Antony Duff

Publisher: Cambridge University Press

Published: 1998-02-13

Total Pages: 273

ISBN-13: 0521550440

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Five legal theorists discuss a range of questions on the nature of the philosophy of criminal law.

A Philosophy of Evidence Law

A Philosophy of Evidence Law PDF

Author: H. L. Ho

Publisher: Oxford University Press on Demand

Published: 2008-03-06

Total Pages: 362

ISBN-13: 0199228302

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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.

Truth, Error, and Criminal Law

Truth, Error, and Criminal Law PDF

Author: Larry Laudan

Publisher: Cambridge University Press

Published: 2006-06-05

Total Pages: 235

ISBN-13: 113945708X

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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.