Fletcher's Essays on Criminal Law

Erscheinungsjahr 2012
ISBN: 978-0-19-994123-0
Verlag: Oxford University Press

Buch, Englisch, 352 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 744 g

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.

Zielgruppe

Students and scholars of: criminal law, legal philosophy, criminology, law and legal studies

Autoren/Hrsg.

Christopher, Russell

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie
• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik
• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

- 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 and 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

Über Autor(innen)

Russell Christopher is Professor of Law at the University of Tulsa College of Law where he teaches and writes primarily in criminal law and theory