Action and Value in Criminal Law / Edition 1

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Overview

In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, reveal hidden truths, and establish new patterns of thought. Their always illuminating and sometimes startling conclusions makes this essential reading for all those interested in the philosophy of criminal law.

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Product Details

  • ISBN-13: 9780198260790
  • Publisher: Oxford University Press, USA
  • Publication date: 7/25/1996
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 324
  • Product dimensions: 6.13 (w) x 9.19 (h) x 0.74 (d)

Meet the Author

Corpus Christi College, Oxford

Brasenose College, Oxford

Worcester College, Oxford

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Table of Contents

List of Contributors
Introduction: The Logic of Criminal Law 1
Agency and Welfare in the Penal Law 21
On What's Intentionally Done 55
Acting, Trying, and Criminal Liability 75
Taking the Consequences 107
Foreseeing Harm Opaquely 125
Culpability and Mistake of Law 157
The Nature of Justification 175
Should the Criminal Law Abandon the Actus Reus-Mens Rea Distinction? 187
Subjectivism and Objectivism: Towards Synthesis 213
Diminished Capacity 239
Value, Action, Mental Illness, and the Law 279
Index of Subjects 311
Index of Names 313
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