Punishment and Responsibility: Essays in the Philosophy of Law / Edition 2by H.L.A. Hart
Pub. Date: 05/16/2008
Publisher: Oxford University Press, USA
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to bypass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers.
For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles.
Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students, and professionals engaged in criminal justice and penal policy.
- Oxford University Press, USA
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- New Edition
Table of Contents
Introduction John Gardner xiii
Prolegomenon to the Principles of Punishment 1
Legal Responsibility and Excuses 28
Murder and the Principles of Punishment: England and the United States 54
Acts of Will and Responsibility 90
Intention and Punishment 113
Negligence, Mens Rea, and Criminal Responsibility 136
Punishment and the Elimination of Responsibility 158
Changing Conceptions of Responsibility 186
Postscript: Responsibility and Retribution 210
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