placing blame a theory of the criminal law

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Placing Blame

Author : Michael S. Moore
ISBN : 9780199599493
Genre : Law
File Size : 80. 10 MB
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Originally published: Oxford: Clarendon, 1997.

Placing Blame

Author : Michael S. Moore
ISBN : 9780199599493
Genre : Law
File Size : 40. 34 MB
Format : PDF, ePub, Mobi
Download : 616
Read : 1066

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Originally published: Oxford: Clarendon, 1997.

Placing Blame

Author : Michael S. Moore
ISBN : UOM:39015041251045
Genre : Law
File Size : 48. 18 MB
Format : PDF, ePub
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This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book is Moore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areasof moral, political and legal philosophy, but Moore is one of the first to apply such attitudes so sytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.

Act And Crime

Author : Michael S. Moore
ISBN : 9780199599509
Genre : Law
File Size : 62. 51 MB
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What implications are there for the criminal law from the philosophy of action? Providing a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it, Moore develops a coherent theory of action in philosophy and assesses its effects on criminal law.

Causation And Responsibility

Author : Michael S. Moore
ISBN : 9780199599516
Genre : Law
File Size : 84. 87 MB
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The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

Positive Obligations In Criminal Law

Author : Andrew Ashworth
ISBN : 9781782253419
Genre : Law
File Size : 56. 73 MB
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This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.

Overcriminalization

Author : Douglas Husak
ISBN : 0198043996
Genre : Law
File Size : 39. 92 MB
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The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

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