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
     
 

ISBN-10: 0199534780

ISBN-13: 9780199534784

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

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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 by-pass 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:
9780199534784
Publisher:
Oxford University Press, USA
Publication date:
05/16/2008
Edition description:
New Edition
Pages:
315
Sales rank:
932,550
Product dimensions:
8.40(w) x 5.40(h) x 0.80(d)

Table of Contents

Introduction John Gardner Gardner, John

I Prolegomenon to the Principles of Punishment 1

II Legal Responsibility and Excuses 28

III Murder and the Principles of Punishment: England and the United States 54

IV Acts of Will and Responsibility 90

V Intention and Punishment 113

VI Negligence, Mens Rea, and Criminal Responsibility 136

VII Punishment and the Elimination of Responsibility 158

VIII Changing Conceptions of Responsibility 186

IX Postscript: Responsibility and Retribution 210

Notes 238

Appendix 268

Index 275

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