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Vol 21 No 10 Oct/Nov 2016

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Placing Blame: A Theory of the Criminal Law


ISBN13: 9780199599493
Published: July 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 1997)
Price: £37.99



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This is a collection of essays, originally published in 1997, form a thorough examination of the theory of criminal responsibility.

The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book is Moore's espousal of a retributivist theory of punishment.

This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes so sytematically to criminal law theory.

As such, this innovative, new book will be of great interest to all scholars in this field.

Subjects:
Criminal Law, Jurisprudence
Contents:
1: A Theory of Criminal Law Theories
Part One: THE THEORY OF PUNISHMENT
2: Closet Retributivism
3: The Moral Worth of Retribution

Part Two: THE THEORY OF RESPONSIBILITY
4: The Place of Moral Theory in the Criminal Law

Part Three: THE THEORIES OF ACTION, INTENTION, CAUSATION, JUSTIFICATION, AND EXCUSE
A) THE NATURE OF HUMAN ACTION
5: The Nature of Basic and Complex Actions
B) THE NATURE OF MENTAL STATES
6: Mind, Brain and the Unconscious
7: Intentions and Mens Rea
C) THE NATURE OF CAUSATION
8: Thomson's Preliminaries about Causation and Rights
D) THE NATURE OF JUSTIFICATION
9: Torture and the Balance of Evils
E) THE NATURE OF EXCUSE
10: Mental Illness and Responsibility
11: Causation and the Excuses
12: Choice, Character and Excuse

Part Four: THE THEORY OF PERSONHOOD
13: The Moral and Metaphysical Sources of the Criminal Law

Part Five: PRINCIPLES OF THE SPECIAL PART
14: The Limits of Legislation
15: Sandelian Anti-Liberalism
16: Privacy and the Constitutional Limits on Criminal Legislation
17: Legality and Privacy Applied: Vagueness, Proportionality, Homosexuals in Schools, and Abortion.