The New Philosophy Of Criminal Law

Author : Chad Flanders
Publisher : Rowman & Littlefield
ISBN 13 : 1783484152
Total Pages : 284 pages
Book Rating : 4.57/5 ( download)

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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.

Author : John Deigh
Publisher : Oxford University Press
ISBN 13 : 0195314859
Total Pages : 540 pages
Book Rating : 4.54/5 ( download)

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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.

Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 0199729212
Total Pages : 236 pages
Book Rating : 4.10/5 ( download)

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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.

Author : Larry May
Publisher : Cambridge University Press
ISBN 13 : 1139482025
Total Pages : pages
Book Rating : 4.28/5 ( download)

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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 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.

Author : Michael S. Moore
Publisher :
ISBN 13 : 0199599505
Total Pages : 433 pages
Book Rating : 4.09/5 ( download)

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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.

Author : Larry Alexander
Publisher : Cambridge University Press
ISBN 13 : 0521518776
Total Pages : 375 pages
Book Rating : 4.72/5 ( download)

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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.

Author : John Gardner
Publisher : Oxford University Press on Demand
ISBN 13 : 0199239355
Total Pages : 303 pages
Book Rating : 4.51/5 ( download)

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Download or read book Offences and Defences written by John Gardner and published by Oxford University Press on Demand. 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.

Author : Bruce A. Arrigo
Publisher : University of Illinois Press
ISBN 13 : 0252090411
Total Pages : 307 pages
Book Rating : 4.17/5 ( download)

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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.

Author : Antony Duff
Publisher : Wiley-Blackwell
ISBN 13 : 9780631153122
Total Pages : 219 pages
Book Rating : 4.28/5 ( download)

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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:

Author : H. L. Ho
Publisher : Oxford University Press on Demand
ISBN 13 : 0199228302
Total Pages : 362 pages
Book Rating : 4.00/5 ( download)

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Download or read book A Philosophy of Evidence Law written by H. L. Ho and published by Oxford University Press on Demand. 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.