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Fundamentals of Criminal Law - Responsibility, Culpability, and Wrongdoing (Hardcover)
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Fundamentals of Criminal Law - Responsibility, Culpability, and Wrongdoing (Hardcover)
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Written by a noted expert in criminal law, the book explores the
philosophical underpinnings of the law's major doctrines concerning
actus reus, mens rea, and defences, showing that they are not
always driven by culpability. They are grounded also in principles
of moral responsibility, ascriptive responsibility, and wrongdoing.
As such, they engage wider debates about wrongdoing, and about the
boundaries between liability and freedom. This multi-textured
analysis allows the book to take more nuanced positions about many
important controversies in criminal law. It argues, for example,
that liability for omissions and for negligence-and even some
strict liability elements-can sometimes be legitimate yet, at the
same time, should be relatively rare. It also explains why
principles of causation can differ in the criminal law from other
contexts; what is wrong with the 'voluntary act' requirement; and
why luck can affect the wrongs we commit without changing our
degree of blameworthiness for committing them. The book concludes
with an account of the major types of defences, and of how they
interact with an agent's wrong and her underlying motivations. This
volume presents a coherent and rich vision of the criminal law
that, by its sheer breadth, makes a distinctive contribution to the
literature, of interest to lawyers and philosophers alike.
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