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This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state's imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Table des matières
1. Introduction.- Part I: Addiction.- 2. Addiction and Responsibility.- Part II: Affirmative Consent.- 3. Affirmative Consent.- Part III: Animals.- 4. Crimes Against Animals.- Part IV: Beyond a Reasonable Doubt.- 5. When Does Evidence Support Guilt "Beyond a Reasonable Doubt"?.- Part V: Blackmail.- 6. Blackmail: A Crime of Paradox and Irony.- Part VI: Bribery.- 7. Understanding Bribery.- Part VII: Civil Disobedience.- 8. Civil Disobedience, Punishment, and Injustice.- Part VIII: Complicity.- 9. Complicity.- Part IX: Corporate Punishment.- 10. Skepticism About Corporate Punishment Revisited.- Part X: Death Penalty.- 11. Capital Punishment and the Owl of Minerva.- Part XI: Fraud.- 12. Fraud.- Part XII: Hate Crimes.- 13. Hate (or Bias) Crime Laws.- Part XIII: Ignorance of Law.- 14. Ignorance of Law: How to Conceptualize and Maybe Resolve the Issue.- Part XIV: Incest.- 15. Incest.- Part XV: Inchoate Criminality.- 16. Inchoate Criminality.- Part XVI: Insanity.- 17. Insanity.- Part XVII: Mitigation.- 18. Mitigating Factors: A Typology.- Part XVIII: Moral Uncertainty.- 19. Moral Uncertainty and the Criminal Law.- Part XIX: Neuroscience.- 20. Neuroscience and the Criminal Law: Perils and Promises.- Part XX: Offensive Conduct.- 21. No Offense.- Part XXI: Political Philosophy and Punishment.- 22. Political Philosophy and Punishment.- Part XXII: Proportionality and Punishment.- 23. Proportionality in Punishment.- 24. The Subjectivist Critique of Proportionality.- Part XXIII: Prostitution.- 25. Prostitution.- Part XXIV: Race.- 26. Race, Criminal Law and Ethical Life.- Part XXV: Reckless Beliefs.- 27. Reckless Beliefs.- Part XXVI: Revenge Porn.- 28. The Crime of "Revenge Porn".- Part XXVII: Role Morality.- 29. Role Morality.- Part XXVIII: Sex Offenses and Sexually Violent Predators.- 30. Sex Offenses and the Problem of Prevention.- Part XXIX: Stand Your Ground.- 31. Stand Your Ground.- Part XXX: Targeted Killing.- 32. Targeted Killing and the Criminal Law.- Part XXXI War Crimes.- 33. War Crimes and Just War Theory.
A propos de l'auteur
Larry Alexander is the Warren Distinguished Professor of Law at the University of San Diego, and author of several books and over 240 articles on legal theory.
Kimberly Kessler Ferzan is the Harrison Robertson Professor of Law and Joel B. Piassick Research Professor of Law at the University of Virginia. She is co-editor in chief of Law and Philosophy.
Résumé
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
