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Author : Heidi M. Hurd
Publisher : Cambridge University Press
Page : 491 pages
File Size : 46,9 Mb
Release : 2018-11-22
Category : Law
ISBN : 9781316510452
Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Author : Charles P. Nemeth
Publisher : Taylor & Francis
Page : 791 pages
File Size : 49,5 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000818772
Criminal Law: Historical, Ethical, and Moral Foundations, 3rd edition, blends legal and moral reasoning in the examination of crimes and explores the history relating to jurisprudence and roots of criminal law. In order to fully grasp criminal law concepts, students must go beyond mere rote memorization of the penal code and endeavor to understand where the laws originate from and how they have developed. This book fosters discussions of controversial issues and delivers abridged case law decisions that target the essence of appellate rulings. Grounded in the Model Penal Code, making the text national in scope, this volume examines: Why the criminal codes originated, and the moral, religious, spiritual, and human influences that led to our present system How crimes are described in the modern criminal justice model The two essential elements necessary for criminal culpability: actus reus (the act committed or omitted) and mens rea (the mind and intent of the actor) Offenses against the body resulting in death, including murder, manslaughter, felony murder, and negligent homicide Non-terminal criminal conduct against the body, including robbery, kidnapping, false imprisonment, assault, and hate crimes Sexual assault, rape, necrophilia, incest, and child molestation Property offenses, such as larceny/theft, bribery, forgery, and embezzlement Crimes against the home, including burglary, trespassing, arson, and vandalism The book also examines controversial public morality issues such as prostitution, drug legalization, obscenity, and pornography. The final two chapters discuss inchoate offenses, where the criminal act has not been completed, and various criminal defenses, such as legal insanity, entrapment, coercion, self-defense, and mistake of fact or law. Important keywords introduce each chapter, and discussion questions and suggested readings appear at the end of each chapter, prompting lively debate and further inquiry into a fascinating subject area that continues to evolve. Updated to include the latest developments in the law, this book is appropriate for undergraduate students in criminal law and related courses.
Author : Jesper Ryberg
Publisher : Oxford University Press
Page : 272 pages
File Size : 51,8 Mb
Release : 2019-11-05
Category : Law
ISBN : 9780190846435
Advances in new neuroscientific research tools and technologies have not only led to new insight into the processes of the human brain, they have also refined and provided genuinely new ways of modifying and manipulating the human brain. The aspiration of such interventions is to affect conative, cognitive, and affective brain processes associated with emotional regulation, empathy, and moral judgment. Can the use of neuroscientific technologies for influencing the human functioning brain as a means of preventing offenders from engaging in future criminal conduct be justified? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question. More precisely, he provides a framework for considering neuroethical issues within the criminal justice system and examines a set of procedures which the criminal justice system relies on to deal with criminal offending. To do this, Ryberg addresses the following questions, among others: Is it morally acceptable to offer more lenient sentences to offenders in return for participation in neuroscientific treatment programs? Or would such offers be unacceptably coercive? Is it possible to administer neurointerventions as a type of punishment? Would it be acceptable for physicians to participate in the administration of neurointerventions on offenders? What is the moral significance of the sordid history of brain interventions for the present or future use of such treatment options? As rehabilitation comes back into fashion after many decades and as neuroscientific knowledge and technology advance rapidly, these intricate and controversial topics become increasingly more urgent. Ryberg argues that many of the in-principle objections to neuroscientific treatment are premature, but given the way criminal justice systems currently function, such treatment methods should not be put into practice.
Author : David O. Brink
Publisher : Oxford University Press
Page : 360 pages
File Size : 48,8 Mb
Release : 2021-06-01
Category : Philosophy
ISBN : 9780192603197
Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a prior and independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. As a result, we can study responsibility by understanding excuses. We excuse misconduct when an agent's capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities - normative competence - and a fair opportunity to exercise these capacities free from undue interference - situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.
Author : Lisa Burton Crawford,Patrick Emerton,Dale Smith
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 40,5 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781509920877
Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy's work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States.
Author : David Plunkett,Scott J. Shapiro,Kevin Toh
Publisher : Oxford University Press
Page : 384 pages
File Size : 40,9 Mb
Release : 2019-01-10
Category : Law
ISBN : 9780190640415
Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.
Author : Anonim
Publisher : Oxford University Press
Page : 961 pages
File Size : 50,7 Mb
Release : 2024-06-01
Category : Electronic
ISBN : 9780198904670
Author : Larry Alexander,Kimberly Kessler Ferzan
Publisher : Springer Nature
Page : 794 pages
File Size : 42,5 Mb
Release : 2019-12-02
Category : Philosophy
ISBN : 9783030228118
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.
Author : Larry Alexander,Emily Sherwin
Publisher : Edward Elgar Publishing
Page : 233 pages
File Size : 41,6 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781789903157
This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.
Author : Ishtiyaque Haji
Publisher : Oxford University Press
Page : 285 pages
File Size : 45,9 Mb
Release : 1998-02-26
Category : Philosophy
ISBN : 9780195354164
This book explores a central question of moral philosophy, addressing whether we are morally responsible for certain kinds of actions, intentional omissions, and the consequences deriving therefrom. Haji distinguishes between moral responsibility and a more restrictive category, moral appraisability. To say that a person is appraisable for an action is to say that he or she is deserving either of praise or blame for that action. One of Haji's principal aims is to uncover conditions sufficient for appraisability of actions. He begins with a number of puzzles that serve to structure and organize the issues, each one of which motivates a condition required for appraisability. The core of Haji's analysis involves his examination of three primary types of conditions. According to a control condition, a person must control the action in an appropriate way in order to be appraisable. An autonomy condition permits moral appraisability for an action only if it ultimately derives from a person's authentic evaluative scheme. On Haji's epistemic requirement, moral praiseworthiness or blameworthiness demands belief on the part of the agent in the rightness or wrongness of an action. Haji concludes this portion of his argument by incorporating these conditions into a general principle which outlines sufficient conditions for appraisability. Haji offers a fascinating discussion of the implications of his analysis. He demonstrates that his appraisability concept is applicable to a variety of non-moral kinds of appraisal, such as those involving legal, prudential and etiquette considerations. He looks at crosscultural attributions of blameworthiness and argues that such attributions are frequently mistaken. He considers the case of addicts and suggests that they may not be morally responsible for actions their addictions are said to cause. He even takes up the intriguing question of whether we can be blamed for the thoughts of our dream selves. Engaging with a central metaphysical question in his conclusion, Haji argues that the conditions of moral responsibility he defends are neither undermined by determinism nor threatened by certain varieties of incompatibilism. Addressing a range of little-discussed topics and forging crucial connections between moral theory and moral responsibility, Moral Appraisability is vital reading for students and scholars of moral philosophy, metaphysics, and the philosophy of law.
Author : Tomasz Gizbert-Studnick,Francesca Poggi,Izabela Skoczeń
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 46,9 Mb
Release : 2022-12-08
Category : Law
ISBN : 9781802209327
What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.
Author : Kevin Macnish,Adam Henschke
Publisher : Oxford University Press
Page : 232 pages
File Size : 51,7 Mb
Release : 2023-10-09
Category : Philosophy
ISBN : 9780192688316
Chapter 10 is published open access and free to read or download from Oxford Academic. The Ethics of Surveillance in Times of Emergency draws from the use of modern surveillance technologies during the COVID-19 pandemic to explore a set of issues and challenges facing decision-makers and designers in times of emergency: how do we respond to emergencies in ways that are both consistent with democratic and community principles, and that are ethically justifiable? Emergencies, like public health pandemics, not only place stress on existing infrastructure and communities, but put significant pressure on our decision-making. The use of surveillance technologies during public health crises is a vital frame to explore the challenge of acting in times of emergency. Moreover, as an exercise in reflective applied ethics, this book does not just seek to apply a given theory or principle to the problem of surveillance in times of emergency, but to use the challenges facing us to critically engage with, reflect upon, and develop those theories and principles. The book's authors recognize this challenge—is it possible to respond to exceptional conditions in ways that either preserve our core values, or must these core values be subsumed under the need to respond to the particular emergency? The book offers responses to this challenge by looking at three interrelated ways in which can manifest: first, the democratic challenges; second, the ethical challenges; and third the design challenges faced in developing ethical solutions.
Author : Larry Alexander,Emily Sherwin
Publisher : Duke University Press
Page : 289 pages
File Size : 54,9 Mb
Release : 2001-08-06
Category : Law
ISBN : 9780822380023
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
Author : Jan W de Keijser,Julian V Roberts,Jesper Ryberg
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 44,9 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781509921430
Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.
Author : Adam J. Kolber
Publisher : Oxford University Press
Page : 265 pages
File Size : 42,5 Mb
Release : 2024
Category : Law
ISBN : 9780197672778
Punishment for the Greater Good examines the justification of punishment in the here and now, recognizing that we are uncertain about matters of both fact and value. With over ten million people incarcerated around the world, we don't have time to wait for the perfect moral theory: Kolber shows how to do the best we can with what we already know.