Freedom And Criminal Responsibility In American Legal Thought

Author : Thomas Andrew Green
Publisher : Unknown
Page : 128 pages
File Size : 42,7 Mb
Release : 2014
Category : Criminal liability
ISBN : 1316072304

Get Book

Freedom and Criminal Responsibility in American Legal Thought by Thomas Andrew Green Pdf

"As the first full-length study of twentieth-century American legal academics wrestling with the problem of free will versus determinism in the context of criminal responsibility, this book deals with one of the most fundamental problems in criminal law. Thomas Andrew Green chronicles legal academic ideas from the Progressive Era critiques of free will-based (and generally retributive) theories of criminal responsibility to the midcentury acceptance of the idea of free will as necessary to a criminal law conceived of in practical moral-legal terms that need not accord with scientific fact to the late-in-century insistence on the compatibility of scientific determinism with moral and legal responsibility and with a modern version of the retributivism that the Progressives had attacked. Foregrounding scholars' language and ideas, Green invites readers to participate in reconstructing an aspect of the past that is central to attempts to work out bases for moral judgment, legal blame, and criminal punishment"--

Author : Thomas Andrew Green
Publisher : Cambridge University Press
Page : 519 pages
File Size : 47,6 Mb
Release : 2014-10-27
Category : History
ISBN : 9780521854603

Get Book

Freedom and Criminal Responsibility in American Legal Thought by Thomas Andrew Green Pdf

This book deals with the most fundamental problem in criminal law, the way in which free will and determinism relate to criminal responsibility.

Author : Alan Brudner
Publisher : OUP Oxford
Page : 360 pages
File Size : 53,9 Mb
Release : 2009-07-16
Category : Law
ISBN : 9780191633287

Get Book

Punishment and Freedom by Alan Brudner Pdf

This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.

Author : Herbert Morris
Publisher : Unknown
Page : 568 pages
File Size : 42,9 Mb
Release : 1964
Category : Free will and determinism
ISBN : NWU:35556001327261

Get Book

Freedom and Responsibility by Herbert Morris Pdf

Author : Arlie Loughnan
Publisher : Cambridge University Press
Page : 327 pages
File Size : 44,9 Mb
Release : 2019-12-12
Category : Law
ISBN : 9781108754965

Get Book

Self, Others and the State by Arlie Loughnan Pdf

Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.

Author : Nicola Lacey
Publisher : Oxford University Press
Page : 200 pages
File Size : 40,6 Mb
Release : 2016-05-12
Category : Law
ISBN : 9780191084058

Get Book

In Search of Criminal Responsibility by Nicola Lacey Pdf

What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.

Author : Michael W. McConnell,Robert Cochran,Angela C. Carmella
Publisher : Yale University Press
Page : 515 pages
File Size : 45,9 Mb
Release : 2008-10-01
Category : Law
ISBN : 9780300130065

Get Book

Christian Perspectives on Legal Thought by Michael W. McConnell,Robert Cochran,Angela C. Carmella Pdf

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.

Author : H. L. A. Hart
Publisher : OUP Oxford
Page : 336 pages
File Size : 48,6 Mb
Release : 2008-03-06
Category : Law
ISBN : 9780191021770

Get Book

Punishment and Responsibility by H. L. A. Hart Pdf

This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

Author : Jeffrey Douglas Jones
Publisher : Unknown
Page : 216 pages
File Size : 46,5 Mb
Release : 2007
Category : Cost and standard of living
ISBN : UCSC:32106018766987

Get Book

The Unaffordable Nation by Jeffrey Douglas Jones Pdf

Transcending ordinary politics, addresses Americans in their capacities as working persons dependent upon their occupations, their employers, and the government regulation of both to earn a decent living alongside the rising costs of nearly everything.

Author : Cyndy Caravelis,Matthew Robinson
Publisher : Routledge
Page : 280 pages
File Size : 47,6 Mb
Release : 2015-12-14
Category : Law
ISBN : 9781317298007

Get Book

Social Justice, Criminal Justice by Cyndy Caravelis,Matthew Robinson Pdf

Social Justice, Criminal Justice is a thought-provoking examination of the U.S. legal system, focusing on how criminal justice and social justice are related. The book provides a solid foundation of key philosophical and theoretical issues and goes on to examine the function of the law as it relates to social justice issues. The authors present and explain the foundational legal documents of the United States, and critically examine how those same documents, which espoused the rhetoric of equality for all, contribute toward the perpetuation and maintenance of a system of exclusion for groups with minority status, such as racial and ethnic minorities, the poor, women, and the LGBT (lesbian, gay, bisexual, transgender) community. Succinct but comprehensive, this text offers a careful examination of possible relationships between social justice theory and criminal justice practice and illuminates the role that the legal system has played in both preventing and assisting social change and power dynamics. For each identified group, important landmark court decisions are used to demonstrate the plight of the powerless and the quest for equal rights. The book provides an important perspective and understanding of the relationships among criminal justice, social justice, and the law. Suitable for undergraduate and early graduate courses in Social Justice, Justice Studies, Critical Issues, Ethics, and American Government and Law, this text provides easily digestible content for those interested in thinking critically about the U.S. legal system.

Author : Rowan Cruft,Matthew H. Kramer,Mark R. Reiff
Publisher : Oxford University Press
Page : 405 pages
File Size : 48,9 Mb
Release : 2011-07-14
Category : Law
ISBN : 9780199592814

Get Book

Crime, Punishment, and Responsibility by Rowan Cruft,Matthew H. Kramer,Mark R. Reiff Pdf

For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

Author : Alan Brudner
Publisher : Oxford University Press
Page : 128 pages
File Size : 45,6 Mb
Release : 2012-03-23
Category : Law
ISBN : 9780191633270

Get Book

Punishment and Freedom by Alan Brudner Pdf

This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.

Author : Ray Madding McConnell
Publisher : Forgotten Books
Page : 348 pages
File Size : 46,5 Mb
Release : 2017-09-10
Category : Social Science
ISBN : 1528042972

Get Book

Criminal Responsibility and Social Constraint (Classic Reprint) by Ray Madding McConnell Pdf

Excerpt from Criminal Responsibility and Social Constraint Cf. Spalding, The Money Cost of Crime, in Journal of the American Institute of Criminal Law and Criminology, May, 1910, pp. 86 - 102; and Eugene Smith, The Cost of Crime, in Proceed ings of the Annual Congress of the National Prison Association, 1900. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Charles Arthur Mercier
Publisher : Legare Street Press
Page : 0 pages
File Size : 54,6 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1021216496

Get Book

Criminal Responsibility by Charles Arthur Mercier Pdf

A thorough examination of criminal responsibility, including its historical development, theories, and practical applications in modern law. Mercier offers a nuanced perspective on the complexities of culpability and punishment, and provides insightful commentary on the ethics of criminal justice. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Ray Madding McConnell
Publisher : Unknown
Page : 356 pages
File Size : 42,7 Mb
Release : 1912
Category : Crime
ISBN : STANFORD:36105044394828

Get Book

Criminal Responsibility and Social Constraint by Ray Madding McConnell Pdf