Crime and Culpability: A Theory of Criminal Law

Crime and Culpability: A Theory of Criminal Law

by Larry Alexander, Kimberly Kessler Ferzan
     
 

View All Available Formats & Editions

ISBN-10: 0521739616

ISBN-13: 9780521739610

Pub. Date: 03/31/2009

Publisher: Cambridge University Press

This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor’s culpability, and that

Overview

This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor’s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor’s desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors’ conceptualization is put into practice.

Product Details

ISBN-13:
9780521739610
Publisher:
Cambridge University Press
Publication date:
03/31/2009
Series:
Cambridge Introductions to Philosophy and Law Series
Pages:
374
Product dimensions:
5.90(w) x 8.90(h) x 1.00(d)

Table of Contents

Part I. Introduction: Retribution and the Criminal Law: 1. Criminal law, punishment, and desert; Part II. The Culpable Act: 2. The essence of culpability: acts manifesting insufficient concern for the legally protected interests of others; 3. Negligence; 4. Defeaters of culpability; Part III. The Immateriality of Resulting Harm to Legally Protected Interests: 5. Only culpability, not resulting harm, affects desert; 6. When are inchoate crimes culpable and why?; 7. The locus of culpability; Part IV. A Proposed Code: 8. What a culpability-based criminal code might look like.

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >