Philosophy and the Criminal Law: Principle and Critique

ISBN-13: 9780521550444 / Angielski / Twarda / 1998 / 272 str.

R. A. Duff; Gerald Postema; Jules L. Coleman

Opis

Five preeminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political and social conflicts.

Recenzje

"If the quality of this offering is representative of what is to come, we have much to look forward to in subsequent volumes. This volume is recommended without hesitation to all philosophers of law, especially as the basis for a graduate course....at the very least the tentative steps these disputing authors make toward one another's positions allow us to see better what is really at issue: and surely this feature alone marks this book as one deserving of careful consideration." Review of Metaphysics

Spis treści

Introduction Antony Duff; 1. Contingency, coherence and conceptualism: reflections on the encounter between 'critique' and 'the philosophy of the criminal law' Nicola Lacey; 2. Does criminal liability require an act? Douglas Husak; 3. 'Simulacra of morality?' Beyond the ideal/actual antinomies of criminal justice Alan Norrie; 4. Principle and contradiction in the criminal law: motives and criminal liability Antony Duff; 5. On the general part of the criminal law John Gardner.