Punishment and Responsibility: Essays in the Philosophy of Law / Edition 2

Punishment and Responsibility: Essays in the Philosophy of Law / Edition 2

by H.L.A. Hart, John Gardner
     
 

ISBN-10: 0199534772

ISBN-13: 9780199534777

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…  See more details below

Overview

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.

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Product Details

ISBN-13:
9780199534777
Publisher:
Oxford University Press, USA
Publication date:
05/16/2008
Pages:
315
Product dimensions:
8.60(w) x 5.40(h) x 1.10(d)

Table of Contents

John Gardner: Introduction
1: Prolegomenon to the Principles of Punishment
2: Legal Responsibility and Excuses
3: Murder and the Principles of Punishment: England and the United States
4: Acts of Will and Responsibility
5: Intention and Punishment
6: Negligence, Mens Rea, and Criminal Responsibility
7: Punishment and the Elimination of Responsibility
8: Changing Conceptions of Responsibility
9: Postscript: Responsibility and Retribution
Introduction, John Gardner
1. Prolegomenon to the Principles of Punishment
2. Legal Responsibility and Excuses
3. Murder and the Principles of Punishment: England and the United States
4. Acts of Will and Responsibility
5. Intention and Punishment
6. Negligence, Mens Rea, and Criminal Responsibility
7. Punishment and the Elimination of Responsibility
8. Changing Conceptions of Responsibility
9. Postscript: Responsibility and Retribution

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