Placing Blame

A Theory of the Criminal Law
1. Auflage 2010
ISBN: 978-0-19-959949-3
Verlag: Oxford University Press

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

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).