Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Hardcover | May 14, 2016

EditorKimberly Kessler Ferzan, Stephen J. Morse

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Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he thecentral figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprised of essays by leading scholars, this volume discusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by HeidiHurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, and Moore's views about the culpability ofnegligence, as well as the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense, and also the intersection of psychiatry, psychology, cognitive neuroscience, and the criminal law. Also discussed are featuresof morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.

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Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he thecentral figure in retributive punishment but his...

Kimberly Kessler Ferzan is Harrison Robertson Professor of Law and Caddell and Chapman Professor of Law at the University of Virginia. Stephen J. Morse, a lawyer and board-certified forensic psychologist, is Ferdinand Wakeman Hubell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director of the Center fo...

other books by Kimberly Kessler Ferzan

Format:HardcoverDimensions:480 pagesPublished:May 14, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198703244

ISBN - 13:9780198703242

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Table of Contents

1. Kimberly Kessler Ferzan and Stephen J. Morse: Editors' Introduction2. Heidi M. Hurd: Living With Genius: The Life and Work of Michael S. Moore3. Mitchell N. Berman: Modest Retributivism4. Douglas Husak: What Do Criminals Deserve?5. Peter Westen: Retributive Desert as Fair Play6. Victor Tadros: The Wrong and the Free7. R A Duff: Legal Moralism and Public Wrongs8. Gideon Yaffe: Moore in Jeopardy Again9. Leo Katz: Do We Need a Doctrine of Complicity?10. Kenneth W. Simons: Reluctant Pluralist: Moore on Negligence11. John Oberdiek: Putting (and Keeping) Proximate Cause in its Place12. Richard W. Wright: Moore on Causation and Responsibility: Metaphysics or Intuition?13. Horacio Spector: The Moral Asymmetry Between Acts and Omissions14. Richard Fumerton: Moore and the Metaphysics of Causation15. Kimberly Kessler Ferzan: Self Defense: Tell Me Moore16. Stephen J. Morse: Moore on the Mind17. Larry Alexander: The Means Principle18. Phillip Montague: Moral Dilemmas and Moral Theory: Toward a Viable Deontology19. Jeremy Waldron: "Just No Damned GoodO20. Michael H. Shapiro: Conceptual Breakage and Reconstruction: Michael S. Moore's Natural Law Theory of Interpretation21. Brian H. Bix: Metaphysical Realism and Legal Reasoning22. Leslie Green: Law and the Role of a Judge23. Michael S. Moore: Responses and Appreciations