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Vol 21 No 10 Oct/Nov 2016

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Fletcher's Essays on Criminal Law

Edited by: Russell Christopher

ISBN13: 9780199941230
Published: January 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £52.00



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While George Fletcher's book, Rethinking Criminal Law is justly celebrated as the most widely cited and influential book on criminal law, his articles and essays have been comparatively overlooked. But it is in these essays where Fletcher hones and polishes the themes of Rethinking as well as advances new ground. They are critical in understanding the evolution of his views on criminal law.

This volume collects, for the first time, a selection of his most famous previously published shorter works as well as some that are less known but equally important. Each of the twelve essays by Fletcher is paired with one or more new critical commentaries on that essay.

These critical commentaries trace the significance of the respective essay in the development of the criminal law and assess its future significance. The commentators include leading criminal law scholars, philosophers, and a judge. Reflecting Fletcher's comparative law focus, the commentators hail from America, England, and Israel. Preceding these paired sets of essays/critical commentaries is an Introduction that broadly assesses Fletcher's body of work and career in criminal scholarship as well as provides an overview of each essay and critical commentary.

Concluding the volume is a new, original essay by Fletcher in which he responds to his critics. Fletcher also reflects back on his six-decade spanning career and takes stock. Fletcher's essay concludes with some speculations as to the trend of future developments in the field. In the enterprise of theoretical criminal law, the essays in this book represent the pinnacle of the thinking of one of the fields' most celebrated scholars.

Subjects:
Criminal Law, Jurisprudence
Contents:
TABLE OF CONTENTS
INTRODUCTION AND OVERVIEW
1. INTRODUCTION: RUSSELL CHRISTOPHER
2. THE NATURE AND FUNCTION OF CRIMINAL THEORY
3. COMMENT: KYRON HUIGENS
PUNISHMENT
4. WHAT IS PUNISHMENT IMPOSED FOR?
5. COMMENT: DOUG HUSAK
6. PUNISHMENT AND COMPENSATION
7. COMMENT: JOHN GARDNER
MENS REA AND MISTAKE
8. THE FAULT OF NOT
9. COMMENT: LARRY ALEXANDER & KIMBERLY KESSLER FERZAN
10. MISTAKE IN THE MODEL PENAL CODE: A FALSE FALSE PROBLEM
11. COMMENT: HEIDI HURD
JUSTIFICATION AND EXCUSE
12. INDIVIDUALIZATION OF EXCUSING CONDITIONS
13. COMMENT: SUSAN ESTRICH
14. THE RIGHT AND THE REASONABLE
15. COMMENT: VICTORIA NOURSE
16. THE NATURE OF JUSTIFICATION
17. COMMENT: PETER WESTEN
18. THE PSYCHOTIC AGGRESSOR-A GENERATION LATER
19. COMMENT: ALON HAREL
20. DOMINATION IN THE THEORY OF JUSTIFICATION AND EXCUSE
21. COMMENT: JOSHUA DRESSLER
DOMINATION AND PROTECTION OF VICTIMS
22. BLACKMAIL: THE PARADIGMATIC CRIME
23. COMMENT: JUDGE JOHN T. NOONAN, JR.
24. COMMENT: ALAN WERTHEIMER
25. JUSTICE AND FAIRNESS IN THE PROTECTION OF CRIME VICTIMS
26. COMMENT: STEPHEN SCHULHOFER
GEORGE FLETCHER REPLIES TO HIS CRITICS
27. REMEMBRANCE OF ARTICLES PAST