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Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 1108668550
Category : Law
Languages : en
Pages : 237
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Book Description
In 2009, Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 1108668550
Category : Law
Languages : en
Pages : 237
Get Book Here
Book Description
In 2009, Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 0521518776
Category : Law
Languages : en
Pages : 375
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Book Description
This book presents a comprehensive theory of a culpability-based criminal law.
Author: Findlay Stark
Publisher: Cambridge University Press
ISBN: 1107038901
Category : Law
Languages : en
Pages : 351
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Book Description
A doctrinal and theoretical analysis of culpability for unjustified risk-taking in Anglo-American criminal law.
Author: Arlie Loughnan
Publisher: Cambridge University Press
ISBN: 1108754961
Category : Law
Languages : en
Pages : 327
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Book Description
Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.
Author: Alec D. Walen
Publisher: Oxford University Press
ISBN: 0190872063
Category : Philosophy
Languages : en
Pages : 264
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Book Description
According to the dominant account of rights, there are two ways to permissibly kill people: they have done something to forfeit their right to life, or their rights are outweighed by the significantly greater cost of respecting them. Contemporary just war theorists tend to agree that it is difficult to justify killing in the second way. Thus, they focus on the conditions under which rights might be forfeited. But it has proven hard to defend an account of forfeiture that permits killing when and only when it is morally justifiable. In The Mechanics of Claims and Permissible Killing in War, Alec D. Walen develops an alternative account of rights according to which rights forfeiture has a much smaller role to play. It plays a smaller role because rights themselves are more contextually contingent. They systematically reflect the different kinds of claims people can make on an agent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible.
Author: Darryl Robinson
Publisher: Cambridge University Press
ISBN: 1009028286
Category : Law
Languages : en
Pages : 327
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Book Description
In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
Author: Heidi M. Hurd
Publisher: Cambridge University Press
ISBN: 131651045X
Category : Law
Languages : en
Pages : 491
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Book Description
Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Author: R.A. Duff
Publisher: Oxford University Press
ISBN: 0199600554
Category : Law
Languages : en
Pages : 278
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Book Description
This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.
Author: Douglas N. Husak
Publisher:
ISBN: 0199585032
Category : Law
Languages : en
Pages : 476
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Book Description
This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the major topics in the field, including the grounds of criminal liability, the significance of culpability, the role of defences, and the justification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work and exploring the goals of criminal theory. Together, the essays present a desert-based analysis of issues in criminal theory that rejects the consequentialist approach more familiar among legal scholars. The foremost concern of these essays is to ensure that the principles and doctrines of the criminal law preserve justice and do not sacrifice individuals for the common welfare. Engagingly written, the essays are accessible to non-specialists and represent an excellent introduction to current issues and debates in the theory of criminal law.
Author: Larry Alexander
Publisher: Springer Nature
ISBN: 3030228118
Category : Philosophy
Languages : en
Pages : 794
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Book Description
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.
