Act and crime : the philosophy of action and its implications for criminal law
著者
書誌事項
Act and crime : the philosophy of action and its implications for criminal law
（Clarendon law series）
Clarendon Press , Oxford University Press, 1993
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注記
Includes bibliographical references (p. [391]-403) and index
内容説明・目次
内容説明
This volume provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always nothing but volitionally caused bodily movements. The theory is used to illuminate three major problem areas: what the voluntary act requirement both does and should require; what complex descriptions of actions prohibited by criminal codes both do and should require (in addition to the doing of a voluntary act); when two actions are "the same" for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and provides both legislators and judges (and the lawyers who argue to both) a grounding in three of the most basic elements of criminal liability. Other books by Michael Moore include "Placing the Blame", "Law and Psychiatry: Rethinking the Relationship" and "The Metaphysics of Judging".
目次
- Introduction - criminal law's three conduct requirements. Part 1 Basic acts and the act requirement: the doctrinal unity of the act requirement
- the orthodox view of the act requirement and its normative defence
- the metaphysics of basic acts I - the existence of actions
- the metaphysics of basics acts II - the identity of actions with bodily movements
- the metaphysics of basic acts III - volitions as the essential source of actions. Part 2 Complex action descriptions and the "actus reus" requirement: the doctrinal basis of the "actus reus" requirement
- unity in complex action description and in the "actus reus" requirement
- the normative basis for the "actus reus" requirement
- the metaphysiss of complex actions I - the dependence of complex actions on basic acts
- the metaphysics of complex actions II - the identity of complex actions with basic acts. Part 3 The identity conditions of actions and the double-jeopardy requirement
- the doctrinal and normative basis of the double-jeopardy requirement
- legal, moral and metaphysical notions of the "sameness" of action-types
- legal, moral and metaphysical notions of the "sameness" of act-tokens.
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