The New Philosophy Of Criminal Law PDF Download
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Author | : Chad Flanders |
Publisher | : Rowman & Littlefield |
Total Pages | : 284 |
Release | : 2015-12-16 |
Genre | : Philosophy |
ISBN | : 1783484152 |
Download The New Philosophy of Criminal Law Book in PDF, ePub and Kindle
There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
Author | : John Deigh |
Publisher | : Oxford University Press |
Total Pages | : 540 |
Release | : 2011-09-22 |
Genre | : Law |
ISBN | : 0195314859 |
Download The Oxford Handbook of Philosophy of Criminal Law Book in PDF, ePub and Kindle
This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
Author | : Mark Tebbit |
Publisher | : Psychology Press |
Total Pages | : 262 |
Release | : 2005 |
Genre | : Law |
ISBN | : 0415334411 |
Download Philosophy of Law Book in PDF, ePub and Kindle
"Simultaneously published in the USA and Canada."
Author | : Larry May |
Publisher | : Cambridge University Press |
Total Pages | : 269 |
Release | : 2009-10-12 |
Genre | : Law |
ISBN | : 1139482025 |
Download International Criminal Law and Philosophy Book in PDF, ePub and Kindle
This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.
Author | : H. L. Ho |
Publisher | : Oxford University Press, USA |
Total Pages | : 362 |
Release | : 2008-03-06 |
Genre | : Law |
ISBN | : 0199228302 |
Download A Philosophy of Evidence Law Book in PDF, ePub and Kindle
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Author | : George P. Fletcher |
Publisher | : Oxford University Press |
Total Pages | : 236 |
Release | : 1998-09-03 |
Genre | : Law |
ISBN | : 0199729212 |
Download Basic Concepts of Criminal Law Book in PDF, ePub and Kindle
In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.
Author | : Michael S. Moore |
Publisher | : |
Total Pages | : 433 |
Release | : 2010 |
Genre | : Criminal act |
ISBN | : 0199599505 |
Download Act and Crime Book in PDF, ePub and Kindle
In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.
Author | : Douglas Husak |
Publisher | : Oxford University Press |
Total Pages | : 244 |
Release | : 2008-01-08 |
Genre | : Philosophy |
ISBN | : 0198043996 |
Download Overcriminalization Book in PDF, ePub and Kindle
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.
Author | : Arthur Shuster |
Publisher | : University of Toronto Press |
Total Pages | : 191 |
Release | : 2016-01-01 |
Genre | : History |
ISBN | : 1442647280 |
Download Punishment and the History of Political Philosophy Book in PDF, ePub and Kindle
In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.
Author | : Bruce A. Arrigo |
Publisher | : University of Illinois Press |
Total Pages | : 307 |
Release | : 2010-10-01 |
Genre | : Social Science |
ISBN | : 0252090411 |
Download Philosophy, Crime, and Criminology Book in PDF, ePub and Kindle
Philosophy, Crime, and Criminology represents the first systematic attempt to unpack the philosophical foundations of crime in Western culture. Utilizing the insights of ontology, epistemology, aesthetics, and ethics, contributors demonstrate how the reality of crime is informed by a number of implicit assumptions about the human condition and unstated values about civil society. Charting a provocative and original direction, editors Bruce A. Arrigo and Christopher R. Williams couple theoretically oriented chapters with those centered on application and case study. In doing so, they develop an insightful, sensible, and accessible approach for a philosophical criminology in step with the political and economic challenges of the twenty-first century. Revealing the ways in which philosophical conceits inform prevailing conceptions of crime, Philosophy, Crime, and Criminology is required reading for any serious student or scholar concerned with crime and its impact on society and in our lives.