Crime, culpability, and remedy
著者
書誌事項
Crime, culpability, and remedy
B. Blackwell, 1990
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注記
Includes bibliographical references
内容説明・目次
内容説明
In this volume, 12 philosophers and academic lawyers explore the many and complex philosophical questions surrounding crime and punishment, investigating questions central to the nature of a legal system. Among the questions addressed are: what is the nature of wrongdoing in general? When is it proper to excuse people for their actions? How to we determine the form and amount of punishment? What justification do we have for its practice? In what ways ought we to reward or punish people for taking risks? Is it the case that (to paraphrase an ancient maxim of law) we ought to be so wary of punishing one innocent person that we should risk not punishing a great number of guilty ones? Should we have special rules in law for those who in the past have been treated unfairly by the legal system or society?
目次
- Mens Rea, Jean Hampton
- choice, character and excuse, Michael S Moore
- character, choice and moral agency - the relevance of character to our moral culpability judgements, Peter Arenella
- reconsidering the relationship among voluntary acts, strict liability and negligence in criminal law, Larry Alexander
- the gender question in criminal law, Stephen J. Schulhofer
- the assumption of risk argument, Leo Katz
- defensive force as an act of rescue, George P Fletcher
- equal respect and the enforcement of morality, Gerald Dworkin
- positive retributivism, C.L. Ten
- getting even - the role of the victim, Jeffrie G. Murphy
- on the common saying that it is better that ten guilty persons escape than that one innocent suffer - pro and con, Jeffrey Reiman and Ernest van den Haag.
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