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This handbook consists of essays on contemporary issues in criminal
law and their theoretical underpinnings. Some of the essays deal
with the relationship between morality and criminalization. Others
deal with criminalization in the context of specific crimes such as
fraud, blackmail, and revenge pornography. The contributors also
address questions of responsible agency such as the effects of
addiction or insanity, and some deal with punishment, its mode and
severity, and the justness of the state's imposition of it. These
chapters are authored by some of the most distinguished scholars in
the fields of applied ethics, criminal law, and jurisprudence.
This handbook consists of essays on contemporary issues in criminal
law and their theoretical underpinnings. Some of the essays deal
with the relationship between morality and criminalization. Others
deal with criminalization in the context of specific crimes such as
fraud, blackmail, and revenge pornography. The contributors also
address questions of responsible agency such as the effects of
addiction or insanity, and some deal with punishment, its mode and
severity, and the justness of the state's imposition of it. These
chapters are authored by some of the most distinguished scholars in
the fields of applied ethics, criminal law, and jurisprudence.
In 2009, Larry Alexander and Kimberly Ferzan published Crime and
Culpability: A Theory of Criminal Law. The book set out a theory
that those who deserve punishment should receive punishment
commensurate with, but no greater than, that which they deserve.
Reflections on Crime and Culpability: Problems and Puzzles expands
on their innovative ideas on the application of punishment in
criminal law. Theorists working in criminal law theory presuppose
or ignore puzzles that lurk beneath the surface. Now those who wish
to examine these topics will have one monograph that combines the
disparate puzzles in criminal law through a unified approach to
culpability. Along with some suggestions as to how they might
resolve the puzzles, Alexander and Ferzan lay out the arguments and
analysis so future scholars can engage with questions about our
understanding of culpability that very few have addressed.
In 2009, Larry Alexander and Kimberly Ferzan published Crime and
Culpability: A Theory of Criminal Law. The book set out a theory
that those who deserve punishment should receive punishment
commensurate with, but no greater than, that which they deserve.
Reflections on Crime and Culpability: Problems and Puzzles expands
on their innovative ideas on the application of punishment in
criminal law. Theorists working in criminal law theory presuppose
or ignore puzzles that lurk beneath the surface. Now those who wish
to examine these topics will have one monograph that combines the
disparate puzzles in criminal law through a unified approach to
culpability. Along with some suggestions as to how they might
resolve the puzzles, Alexander and Ferzan lay out the arguments and
analysis so future scholars can engage with questions about our
understanding of culpability that very few have addressed.
Perhaps more than any other scholar, Michael Moore has argued that
there are deep and necessary connections between metaphysics,
morality, and law. Moore has developed every contour of a theory of
criminal law, from philosophy of action to a theory of causation.
Indeed, not only is he the central figure in retributive punishment
but his moral realist position places him at the center of many
jurisprudential debates. Comprised of essays by leading scholars,
this volume discusses and challenges the work of Michael Moore from
one or more of the areas where he has made a lasting contribution,
namely, law, morality, metaphysics, psychiatry, and neuroscience.
The volume begins with a riveting contribution by Heidi Hurd,
wherein she takes an unadorned and unabashed look at the man behind
this monumental body of work, full of both triumphs and sadness. A
number of essays focus on Moore's view of the purpose and
justification of the criminal law, specifically his endorsement of
retributivism and legal moralism. The book then addresses Moore's
work in the various aspects of the general part of the criminal
law, including Moore's position on how to understand criminal acts
for double jeopardy purposes, Moore's claim that accomplice
liability is superfluous, and Moore's views about the culpability
of negligence, as well as the relationship between that view and
proximate causation. Furthermore, the subject of defenses in
criminal law is addressed, including self-defense, and also the
intersection of psychiatry, psychology, cognitive neuroscience, and
the criminal law. Also discussed are features of morality, and
Moore's work in general jurisprudence. Finally, Moore concludes the
volume with an essay that defends and delineates the features of
his views.
Criminal Law Conversations provides an authoritative overview of
contemporary criminal law debates in the United States. This
collection of high caliber scholarly papers was assembled using an
innovative and interactive method of nominations and commentary by
the nation's top legal scholars. Virtually every leading scholar in
the field has participated, resulting in a volume of interest to
those both in and outside of the community. Criminal Law
Conversations showcases the most captivating of these essays, and
provides insight into the most fundamental and provocative
questions of modern criminal law.
This book presents a comprehensive overview of what the criminal
law would look like if organized around the principle that those
who deserve punishment should receive punishment commensurate with,
but no greater than, that which they deserve. Larry Alexander and
Kimberly Kessler Ferzan argue that desert is a function of the
actor s culpability, and that culpability is a function of the
risks of harm to protected interests that the actor believes he is
imposing and his reasons for acting in the face of those risks. The
authors deny that resultant harms, as well as unperceived risks,
affect the actor s desert. They thus reject punishment for
inadvertent negligence as well as for intentions or preparatory
acts that are not risky. Alexander and Ferzan discuss the reasons
for imposing risks that negate or mitigate culpability, the
individuation of crimes, and omissions. They conclude with a
discussion of rules versus standards in criminal law and offer a
description of the shape of criminal law in the event that the
authors conceptualization is put into practice.
This book presents a comprehensive overview of what the criminal
law would look like if organized around the principle that those
who deserve punishment should receive punishment commensurate with,
but no greater than, that which they deserve. Larry Alexander and
Kimberly Kessler Ferzan argue that desert is a function of the
actor s culpability, and that culpability is a function of the
risks of harm to protected interests that the actor believes he is
imposing and his reasons for acting in the face of those risks. The
authors deny that resultant harms, as well as unperceived risks,
affect the actor s desert. They thus reject punishment for
inadvertent negligence as well as for intentions or preparatory
acts that are not risky. Alexander and Ferzan discuss the reasons
for imposing risks that negate or mitigate culpability, the
individuation of crimes, and omissions. They conclude with a
discussion of rules versus standards in criminal law and offer a
description of the shape of criminal law in the event that the
authors conceptualization is put into practice."
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