PLACING BLAME

1. Auflage 2010
ISBN: 978-0-19-959949-3
Verlag: OXFORD UNIV PR

Buch, Englisch, 872 Seiten, Format (B × H): 157 mm x 234 mm, Gewicht: 1290 g

This is a collection of essays written by Moore which 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 systematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.

Zielgruppe

Scholars of criminal law and the philosophy of law.

Autoren/Hrsg.

Moore, Michael S.

Fachgebiete

• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtstheorie, Rechtsmethodik, Rechtsdogmatik, Rechtsprechungslehre
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Introduction
1: A Theory of Criminal Law Theories
Part One: The Theory of Criminal Law's Function
2: Closet Retributivism
3: The Moral Worth of Retribution
4: Justifying Retributivism
Part Two: The Theory of the General Part: The Theory of Responsibility
A. The Nature of Moral Responsibility
5: The Independent Moral Significance of Wrongdoing
B. The Elements of Responsibility: Wrongdoing and Culpability
1: The Nature of Wrongdoing
a. the Nature of Human Action
6: Moore on Act and Crime
b. The Nature of Causation
7: Causation, Rights-Violations, and Wrongdoing
8: Foreseeing Harm Opaquely
2: The Nature of Culpability
a. The Nature of Mental States
9: Prima Facie Moral Culpability
10: Mind, Brain, and the Unconscious
11: Intentions and Mens Rea
The Nature of Excuse
12: Causation and the Excusescuse
13: Choice, Character, and Excuse
Part Three: The Theory of the Special Part: Theories of Legislation and of Wrongful Action
A. The Theory of Proper Legislative Aim
16: A Non-Exclusionary Theory of Legislative Aim: Taking Aim at Moral Wrongdoing
B. The Theory of Moral Wrongfulness
17: Torture and the Balance of Evils
C. The Theory of the Limits of Criminal Legislation
18: Liberty's Limits on Legislation

Über Autor(innen)

Professor Michael Moore holds the Charles R. Walgreen, Jr. Chair at the Univerity of Illinois. He is jointly appointed as Professor of Law in the College of Law and as Professor of Philosophy in the College of Liberal Arts and Sciences. He also holds an appointment as a Professor with the Center for Advanced Studies. His major works include Causation and Responsibility (OUP, 2009), Act and Crime (OUP, 1993), and Law and Psychiatry (CUP,
1984).