Foundations of Criminal Law
by Leo Katz; Michael S. Moore; Stephen J. MorseFormat: Paperback
Pub. Date: 1999-03-18
Publisher(s): Oxford University Press, USA
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Summary
Foundations of Criminal Law presents a comprehensive examination of the general part of criminal law--that is, the foundational elements of liability--through interdisciplinary readings drawn primarily from law, philosophy, and the behavioral sciences. The selections range from classical treatments to contemporary approaches, and the topics include--among others--theories of punishment, mental states, causation, justification and excuse, and sentencing. A general introduction precedes each section and the readings are followed by comments and questions designed to engage the reader analytically.
Table of Contents
| Introduction | |
| The Crime Problem: Theory And Evidence | |
| Why is Crime Attractive? Seductions and Repulsions of Crime | |
| Facts | |
| Facts a Theory of Crime Ought to Fit | |
| Explanations and Proposals | |
| Causes of Violence | |
| Malign Neglect | |
| What to Do about Crime | |
| Crime and Punishment | |
| The Nature of Punishment and the Boundaries of the Criminal Law | |
| Punishment | |
| An Economic Theory of the Criminal Law | |
| The Nature of a Theory of the Criminal Law | |
| The Moral Justification for Punishment | |
| Introduction | |
| A Taxonomy of Purposes for Punishment | |
| Utilitarianism | |
| An Introduction to the Principles of Morals and Legislation | |
| The Argument for Retributivism | |
| Retributivism | |
| The Metaphysical Elements of Justice | |
| Persons and Punishment | |
| The Moral Worth of Retribution | |
| Humanitarian or Scientific Alternatives to Punishment: The Rehabilitative Ideal | |
| The Crime of Punishment | |
| Beyond Freedom and Dignity | |
| The Humanitarian Theory of Punishment | |
| Attempts to Integrate the Divergent Theories of Punishment | |
| Punishment and Responsibility | |
| What to Punish | |
| Getting at the Question and Its Possible Answers | |
| Harm to Others | |
| The "Soft Harm" of Psychic or Moral Offense as a Justification of Criminial Legislation | |
| Offense to Others | |
| The Paternalistic Concern about Harm to the Actors Whose Behavior is Prohibited | |
| Paternalism | |
| Using the Criminal Law to Punish or Prevent Moral Wrongdoing | |
| Harmless Wrongdoing | |
| A Theory of Criminal Law Theories | |
| Principal Liability | |
| Introduction | |
| The Criminal Law and the Luck of the Draw | |
| The Independent Moral Significance of Wrongdoing | |
| Acts and Omissions | |
| Crimes of Omission | |
| Interfering | |
| Act and Crime | |
| Causation | |
| Causation and the Law | |
| Legality | |
| The Principle of Legality | |
| Legality, Vagueness, and the Construction of Penal Statutes | |
| Mental States | |
| The Explanation of Human Action | |
| Responsibility | |
| The General Part: Accomplice, Attempt, and Conspiracy Liability | |
| Accomplice Liability | |
| Aid and Comfort | |
| Complicity, Cause, and Blame: A Study in the Interpretation of Doctrine | |
| The Theory of Derivative Liability | |
| Attempt Liability | |
| Constructing a Theory of Impossible Attempts | |
| Justification and Excuse | |
| Distinguishing Justification and Excuse | |
| The Perplexing Borders of Justification and Excuse | |
| Justification: Defensive Force | |
| Putative Self-Defense and Rules of Imputation in Defense of the Battered Woman | |
| The Enterprise of Prevention and the Principle of Proportional Response | |
| Excuse Generally | |
| Brain | |
| Table of Contents provided by Publisher. All Rights Reserved. |
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