George Fletchers Essays on Criminal Law

Hardcover | November 21, 2012

EditorRussell Christopher

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While George Fletcher's book, Rethinking Criminal Law, is justly celebrated as the most widely cited and influential book on criminal law, his articles and essays have been comparatively overlooked. But it is in these essays where Fletcher hones and polishes the themes of Rethinking as well asadvances new ground. They are critical in understanding the evolution of his views on criminal law. This volume collects, for the first time, a selection of his most famous previously published shorter works as well as some that are less known but equally important. Each of the twelve essays by Fletcher is paired with one or more new critical commentaries on that essay. These critical commentaries trace the significance of the respective essay in the development of the criminal law and assess its future significance. The commentators include leading criminallaw scholars, philosophers, and a judge. Reflecting Fletcher's comparative law focus, the commentators hail from America, England, and Israel. Preceding these paired sets of essays/critical commentaries is an Introduction that broadly assesses Fletcher's body of work and career in criminalscholarship as well as provides an overview of each essay and critical commentary. Concluding the volume is a new, original essay by Fletcher in which he responds to his critics. Fletcher also reflects back on his six-decade spanning career and takes stock. Fletcher's essay concludes with somespeculations as to the trend of future developments in the field. In the enterprise of theoretical criminal law, the essays in this book represent the pinnacle of the thinking of one of the fields' most celebrated scholars.

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While George Fletcher's book, Rethinking Criminal Law, is justly celebrated as the most widely cited and influential book on criminal law, his articles and essays have been comparatively overlooked. But it is in these essays where Fletcher hones and polishes the themes of Rethinking as well asadvances new ground. They are critical in u...

Russell Christopher is Professor of Law at the University of Tulsa College of Law where he teaches and writes primarily in criminal law and theory

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Format:HardcoverDimensions:352 pages, 9.25 × 6.12 × 0.98 inPublished:November 21, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199941238

ISBN - 13:9780199941230

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Table of Contents

Introduction and Overview1. Russell Christopher: Introduction2. The Nature and Function of Criminal Theory3. Kyron Huigens: CommentPunishment4. What Is Punishment Imposed For?5. Doug Husak: Comment6. Punishment and Compensation7. John Gardner: CommentMens Rea and Mistake8. The Fault of Not9. Larry Alexander and Kimberly Kessler Ferzan: Comment10. Mistake in the Model Penal Code: A False False Problem11. Heidi Hurd: CommentJustification and Excuse12. Individualization of Excusing Conditions13. Susan Estrich: Comment14. The Right and the Reasonable15. Victoria Nourse: Comment16. The Nature of Justification17. Peter Westen: Comment18. The Psychotic Aggressor - A Generation Later19. Alon Harel: Comment20. Domination in the Theory of Justification and Excuse21. Joshua Dressler: CommentDomination and Protection of Victims22. Blackmail: The Paradigmatic Crime23. Judge John T. Noonan, Jr.: Comment24. Alan Wertheimer: Comment25. Justice and Fairness in the Protection of Crime Victims26. Stephen Schulhofer: CommentGeorge Fletcher Replies to His Critics27. Remembrance of Articles Past