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Offences and Defences - Selected Essays in the Philosophy of Criminal Law (Hardcover)
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Offences and Defences - Selected Essays in the Philosophy of Criminal Law (Hardcover)
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John Gardner's writings on the theory of criminal law have had a
significant impact on the way that this subject is understood by
academic lawyers and philosophers. This book collects together a
thematic selection of his most widely read and widely cited pieces.
Theoretical writings on the criminal law have often been dominated
by a preoccupation with the justification of criminal punishment.
This work is different. Although it discusses the legitimacy of
criminal punishment it proceeds on the footing that the criminal
law does many important things apart from punishing people. In
particular, Gardner argues that the criminal law provides an
important forum for people to explain themselves. Such a forum
would be important, argues Gardner, even if criminal punishment
were to be abolished.
John Gardner tackles persistent and troublesome questions about
the philosophical foundations of criminal law. Which wrongs are
suitable to be crimes and why? What are the conditions of criminal
responsibility, and how do they relate to the conditions of moral
responsibility? What does it take to be complicit in another's
wrongdoing? Should crimes ever be excused, and if so on what basis?
How, if at all, should the criminal law adapt to conditions of
social and cultural diversity?
The issues raised in these essays have a significance extending
beyond the law. What does it mean to be a responsible agent, and
why does it matter? Is my moral character only or mostly my own
business? Is there a difference between being reasonable and being
rational? These and many other moral problems lurk in the
background of the criminal law, and the pieces in this book bring
them into the foreground.
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