Philosophy of Criminal Law

Philosophy of Criminal Law

by Douglas N. Husak


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Philosophy of Criminal Law by Douglas N. Husak

This study offers both a penetrating examination and assessment of the theory and principles that underlie contemporary Anglo-American substantive criminal law, and a critique of what the author perceives as basic inadequacies in the accepted orthodox theory of criminal law. Noted legal theorist Douglas N. Husak analyzes the reasoning behind the general principles of modern criminal law theory and demonstrates the relationship between criminal law theory and its contemporary practice. Husak's central argument is that the interpretation and application of the general principles of criminal liability presuppose a moral and political philosophy. He contends that most of the major criminal theorists in Anglo-American legal history (Austin, Holmes, Stephen, Hall, Williams, and others) have supposed that criminal theory can be empirical, scientific, and objective and have emphasized such concepts as action, harm, and causation, which seem amenable to empirical analyses, at the expense of moral and political philosophy. The author argues that revising criminal theory to include moral and political philosophy will make a greater contribution to justice in the principles and practice of criminal law.

Product Details

ISBN-13: 9780847675500
Publisher: Rowman & Littlefield Publishers, Inc.
Publication date: 06/28/1987
Pages: 280
Product dimensions: 6.00(w) x 9.00(h) x 1.00(d)

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