Fr. 140.00

Theoretical and Philosophical Foundations of Criminal Law

English · Hardback

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Informationen zum Autor David Dolinko is Professor of Law at UCLA School of Law! USA. He writes extensively on criminal law and punishment and is one of the editors of the 'Oxford Handbook of Philosophy of Criminal Law'. Zusammenfassung This volume offers a selection of significant and influential research articles from the contemporary philosophical debate over the fundamental concepts and structures of Anglo-American criminal law. The articles consider the moral legitimacy of punishment, excuse and justification defenses and the conundrums of attempt liability. Inhaltsverzeichnis Contents: Introduction. Part I The Structure and Limits of Criminal Law: The aims of the criminal law! Henry M. Hart Jr; Criminal attempt and the theory of the law of crimes! Lawrence C. Becker; Criminalization and sharing wrongs! S.E. Marshall and R.A. Duff. Part II Criminal Responsibility: Character! purpose! and criminal responsibility! Michael D. Bayles; Choice! character! and excuse! Michael S. Moore; Choice! character and criminal liability! R.A. Duff. Part III Culpability: Insufficient concern: a unified conception of criminal culpability! Larry Alexander; Motive and criminal liability! Douglas N. Husak. Part IV Defences! Justifications and Excuses: A theory of justification: societal harm as a prerequisite for criminal liability! Paul H. Robinson; The gist of excuses! John Gardner; The perplexing borders of justification and excuse! Kent Greenawalt; Self-defense! Judith Jarvis Thomson; The basis of moral liability to defensive killing! Jeff McMahan. Part V Attempts: Impossibility in criminal attempts - legality and the legal process! Arnold N. Enker; The punishment that leaves something to chance! David Lewis. Part VI The Justification of Punishment: The expressive function of punishment! Joel Feinberg; The retributive idea! Jean Hampton; Expression! penance and reform and The ideal and the actual! R.A. Duff; Punishment and justification! Mitchell N. Berman. Name index. ...

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