Action and Value in Criminal Law

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Action and Value in Criminal Law

Edited by Stephen Shute, John Gardner, and Jeremy Horder

A Clarendon Press Publication

Action and Value in Criminal Law

Edited by Stephen Shute, John Gardner, and Jeremy Horder

A Clarendon Press Publication

Description

In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, reveal hidden truths, and establish new patterns of thought. Their always illuminating and sometimes startling conclusions makes this essential reading for all those interested in the philosophy of criminal law.

Action and Value in Criminal Law

Edited by Stephen Shute, John Gardner, and Jeremy Horder

A Clarendon Press Publication

Table of Contents

Introduction: The Logic of Criminal Law, Stephen Shute, John Gardner, and Jeremy Horder
1. Agency and Welfare in the Penal Law, Alan Brudner
2. Acting, Trying, and Criminal Liability, R.A. Duff
3. On What's Intentionally Done, Jennifer Hornsby
4. Taking the Consequences, Andrew Ashworth
5. Foreseeing Harm Opaquely, Michael S. Moore
6. Culpability and Mistake of Law, Douglas Husak and Andrew von Hirsch
7. The Nature of Justification, George P. Fletcher
8. Should the Criminal Law Abandon the Actus Reus/Mens Rea Distinction?, Paul H. Robinson
9. Subjectivism and Objectivism: Towards Synthesis, Richard H.S. Tur
10. Diminished Capacity, Stephen J. Morse
11. Value, Action, Mental Illness, and the Law, K.W.M. Fulford