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Placing Blame: A Theory of the Criminal Law de Michael Moore

Placing Blame: A Theory of the Criminal Law

Autor Michael Moore
en Limba Engleză Hardback – 27 noi 1997
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 areas of 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.
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Specificații

ISBN-13: 9780198254171
ISBN-10: 0198254172
Pagini: 872
Dimensiuni: 165 x 243 x 44 mm
Greutate: 1.28 kg
Editura: Clarendon Press
Colecția Clarendon Press
Locul publicării:Oxford, United Kingdom

Recenzii

The high-point of Moore's exposition ... is a fine and psychologically penetrating defense of subjective moral institutions and emotions as 'heuristic indicators' of moral truths.
In an elegant and masterly introductory essay, laying out in order all the tasks of a theory of criminal law, he pleads that any 'deep theory' of the way law operates must take a moral point of view and be founded on moral institutions.
This book belongs on the shelves of every serious criminal law theorist and every research library in the world./ M. M. Feeley, University of California, Berkeley, Choice, Feb 1999, Vol 36, no. 6
The book has four particular qualities which mark it out as a distinctive contribution to criminal law theory... its scope is remarkably broad. Furthermore, Moore brings an unusual combination of disciplinary perspectives to bear on the wide range of questions which he considers. Moore is also unusual in giving the emotions a central place in his theory of criminal law. One has to admire the originality of Moore's position. He is a trenchant anti-consequentialist in ethics who nonetheless provides a careful analysis of teh proper role of consequential arguments in shaping criminal law.
...the book works mainly as a collection of essays, written over the past twenty years, on topics in criminal theory. As such, it has real strengths./ ... these are high-quality essays by a considerable figure, and should be read by anyone interested in criminal theory who has not done so already./ A. P. Simester, The Cambridge Law Journal, 1998.

Cuprins

  • 1: A Theory of Criminal Law Theories
  • Part One: THE THEORY OF PUNISHMENT
  • 2: Closet Retributivism
  • 3: The Moral Worth of Retribution
  • Part Two: THE THEORY OF RESPONSIBILITY
  • 4: The Place of Moral Theory in the Criminal Law
  • Part Three: THE THEORIES OF ACTION, INTENTION, CAUSATION, JUSTIFICATION, AND EXCUSE
  • A) THE NATURE OF HUMAN ACTION
  • 5: The Nature of Basic and Complex Actions
  • B) THE NATURE OF MENTAL STATES
  • 6: Mind, Brain and the Unconscious
  • 7: Intentions and Mens Rea
  • C) THE NATURE OF CAUSATION
  • 8: Thomson's Preliminaries about Causation and Rights
  • D) THE NATURE OF JUSTIFICATION
  • 9: Torture and the Balance of Evils
  • E) THE NATURE OF EXCUSE
  • 10: Mental Illness and Responsibility
  • 11: Causation and the Excuses
  • 12: Choice, Character and Excuse
  • Part Four: THE THEORY OF PERSONHOOD
  • 13: The Moral and Metaphysical Sources of the Criminal Law
  • Part Five: PRINCIPLES OF THE SPECIAL PART
  • 14: The Limits of Legislation
  • 15: Sandelian Anti-Liberalism
  • 16: Privacy and the Constitutional Limits on Criminal Legislation
  • 17: Legality and Privacy Applied: Vagueness, Proportionality, Homosexuals in Schools, and Abortion