Download or read book Freedom and Criminal Responsibility in American Legal Thought written by Thomas Andrew Green and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Download or read book Freedom and Criminal Responsibility in American Legal Thought written by Thomas Andrew Green and published by Cambridge University Press. This book was released on 2014-10-27 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Freedom and Criminal Responsibility in American Legal Thought written by Thomas Andrew Green and published by Cambridge University Press. This book was released on 2014-10-27 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the most fundamental problem in criminal law, the way in which free will and determinism relate to criminal responsibility.

Download or read book Self Others and the State written by Arlie Loughnan and published by Cambridge University Press. This book was released on 2019-12-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book In Search of Criminal Responsibility written by Nicola Lacey and published by Oxford University Press. This book was released on 2016 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes someone responsible for a crime and therefore liable tof 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.

Download or read book Law and the Unconscious written by Anne C. Dailey and published by Yale University Press. This book was released on 2017-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.

Download or read book Making the Modern Criminal Law written by Lindsay Farmer and published by Oxford University Press. This book was released on 2016-01-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.

Download or read book Criminal Law in the Age of the Administrative State written by Vincent Chiao and published by . This book was released on 2019 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law as public law 1: context -- Criminal law as public law 2: structure -- Criminal law as public law 3: content -- Mass incarceration and the theory of punishment -- Criminal law in the age of the administrative state -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment

Download or read book The Limits of Criminological Positivism written by Michele Pifferi and published by Routledge. This book was released on 2021-10-30 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.

Download or read book Fundamentals of Criminal Law written by Andrew Simester and published by Oxford University Press, USA. This book was released on 2021-02-04 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.

Download or read book Legal Insanity Explorations in Psychiatry Law and Ethics written by Gerben Meynen and published by Springer. This book was released on 2016-11-08 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines core issues related to legal insanity, integrating perspectives from psychiatry, law, and ethics. Various criteria for insanity are analyzed and recommendations for forensic psychiatric and legal practice are offered. Many legal systems have an insanity defense, in one form or another. Still, it remains unclear exactly when and why mental disorders affect a person’s moral or criminal responsibility. Questions addressed in this book include: Why should insanity be a component of our legal system? What should be the criteria for an insanity defense? What would be the reasons for abolishing it? Who should bear the burden of proof? Furthermore, the book discusses the impact neurosciences may have on psychiatric and psychological evaluations of defendants as well as on legal decisions about insanity.

Download or read book Rejecting Retributivism written by Gregg D. Caruso and published by Cambridge University Press. This book was released on 2021-04-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.

Download or read book Structural Injustice and the Law written by Virginia Mantouvalou and published by UCL Press. This book was released on 2024-10-15 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In developing her conception of structural injustice, Iris Marion Young made a strict distinction between large-scale collective injustice that results from the normal functions of a society, and the more familiar concepts of individual wrong and deliberate state repression. Her ideas have attracted considerable attention in political philosophy, but legal theorists have been slower to consider the relation between structural injustice and legal analysis. While some forms of vulnerability to structural injustice can be the unintended consequences of legal rules, the law also has potential instruments to alleviate some forms of structural injustice. Structural Injustice and the Law presents theoretical approaches and concrete examples to show how the concept of structural injustice can aid legal analysis, and how legal reform can, in practice, reduce or even eliminate some forms of structural injustice. A group of outstanding law and political philosophy scholars discuss a comprehensive range of interdisciplinary topics, including the notion of domination, equality and human rights law, legal status, sweatshop labour, labour law, criminal justice, domestic homicide reviews, begging, homelessness, regulatory public bodies and the films of Ken Loach. Drawn together, they build an invaluable resource for legal theorists exploring how to make use of the concept of structural injustice, and for political philosophers looking for a nuanced account of the law’s role both in creating and mitigating structural injustice.

Download or read book Unsound Empire written by Catherine L. Evans and published by Yale University Press. This book was released on 2021-01-01 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the internal tensions of British imperial rule told through murder and insanity trials Unsound Empire is a history of criminal responsibility in the nineteenth-century British Empire told through detailed accounts of homicide cases across three continents. If a defendant in a murder trial was going to hang, he or she had to deserve it. Establishing the mental element of guilt--criminal responsibility--transformed state violence into law. And yet, to the consternation of officials in Britain and beyond, experts in new scientific fields posited that insanity was widespread and growing, and evolutionary theories suggested that wide swaths of humanity lacked the self-control and understanding that common law demanded. Could it be fair to punish mentally ill or allegedly "uncivilized" people? Could British civilization survive if killers avoided the noose?

Download or read book The Emotional Brain and the Guilty Mind written by Federica Coppola and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.

Download or read book Free Will and the Law written by Allan McCay and published by Routledge. This book was released on 2019-02-21 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together many of the world’s leading theorists of free will and philosophers of law to critically discuss the ground-breaking contribution of David Hodgson’s libertarianism and its application to philosophy of law. The book begins with a comprehensive introduction, providing an overview of the intersection of theories of free will and philosophy of law over the last fifty years. The eleven chapters collected together divide into two groups: the first five address libertarianism within the free will debate, with particular attention to Hodgson’s theory, and in Part II, six contributors discuss Hodgson’s libertarianism in relation to issues not often pursued by free will scholars, such as mitigation of punishment, the responsibility of judges, the nature of judicial reasoning and the criminal law process more generally. Thus the volume’s importance lies not only in examining Hodgson’s distinctive libertarian theory from within the free will literature, but also in considering new directions for research in applying that theory to enduring questions about legal responsibility and punishment.

Download or read book The Unaffordable Nation written by Jeffrey Jones and published by Prometheus Books. This book was released on with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeffrey Jones digs deep into the American political psyche to find a moral basis for the dissatisfaction many middle-class Americans feel with their economic circumstances. In this very accessible book, Jones articulates a public philosophy of reward for labor - the Covenant on Affordability - connecting it to a decent life .... he pulls together a striking range of references, from William Graham Sumner to contemporary credit card debt, to yield a unique and original analysis of our current economic and political malaise.-LAWRENCE BLUM, Distinguished Professor of Liberal Arts and Education and Professor of Philosophy at the University of Massachusetts-BostonA thoughtful, scholarly look at the morality behind America's betrayal of work.-ANYA KAMENETZ, author of Generation DebtThe American dream used to mean that if you worked hard, saved money, and didn't spend extravagantly, you'd be guaranteed a decent life. That article of faith is no more; it has been replaced by a growing fear that even two incomes will prove insufficient to afford a home in a good neighborhood, a reliable vehicle, quality schools, healthcare, the means to care for aging relatives, and the leisure to properly raise children. The middle class is waking up to the sobering realization that the United States is fast becoming an unaffordable nation.Transcending ordinary politics, Jeffrey Jones addresses every member of the American community, not as liberal or conservative or as Democrat or Republican, but in the most basic and equal of terms: in their capacities as working persons dependent upon their occupations, their employers, and the government regulation of both to earn a decent living. He uncovers the profound moral consensus among Americans from every walk of life regarding the entitlements that should follow from individual hard work.Jones argues that regardless of political leanings, economic class, gender, and ethnic and racial differences, Americans remain united in the conviction that individuals who work hard should receive decent wages and other resources in return. He goes on to propose a covenant on affordability, outlining the respective obligations of government, corporations, and individuals in ensuring a life that is affordable for every person who is willing to work hard.The Unaffordable Nation is a must-read for every American concerned about the decreasing value of his or her labor, alongside the rising costs of nearly everything.Jeffrey Jones, J.D., Ph.D. (Portland, OR), is an assistant professor of law at the Lewis and Clark Law School and an employment attorney for Barran Liebman LLP, both in Portland, Oregon. He holds a J.D. from the University of Michigan-Ann Arbor and a Ph.D. in philosophy from the University of Wisconsin-Madison. Formerly, he worked as an assistant professor of philosophy at the University of Massachusetts and was also a postdoctoral scholar at Boston University.