Placing Blame: A Theory of the Criminal Law

Hardcover | October 1, 1997

byMichael Moore

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This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.

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This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of ...

Michael Moore is Professor of Law at the University of Pennsylvania Law School.

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Format:HardcoverDimensions:872 pages, 9.21 × 6.14 × 1.73 inPublished:October 1, 1997Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198254172

ISBN - 13:9780198254171

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Table of Contents

1. A Theory of Criminal Law TheoriesPart One: THE THEORY OF PUNISHMENT2. Closet Retributivism3. The Moral Worth of RetributionPart Two: THE THEORY OF RESPONSIBILITY4. The Place of Moral Theory in the Criminal LawPart Three: THE THEORIES OF ACTION, INTENTION, CAUSATION, JUSTIFICATION, AND EXCUSEA) THE NATURE OF HUMAN ACTION5. The Nature of Basic and Complex ActionsB) THE NATURE OF MENTAL STATES6. Mind, Brain and the Unconscious7. Intentions and Mens ReaC) THE NATURE OF CAUSATION8. Thomson's Preliminaries about Causation and RightsD) THE NATURE OF JUSTIFICATION9. Torture and the Balance of EvilsE) THE NATURE OF EXCUSE10. Mental Illness and Responsibility11. Causation and the Excuses12. Choice, Character and ExcusePart Four: THE THEORY OF PERSONHOOD13. The Moral and Metaphysical Sources of the Criminal LawPart Five: PRINCIPLES OF THE SPECIAL PART14. The Limits of Legislation15. Sandelian Anti-Liberalism16. Privacy and the Constitutional Limits on Criminal Legislation17. Legality and Privacy Applied: Vagueness, Proportionality, Homosexuals in Schools, and Abortion

Editorial Reviews

...the book works mainly as a collection of essays, written over the past twenty years, on topics in criminal theory. As such, it has real strengths./ ... these are high-quality essays by a considerable figure, and should be read by anyone interested in criminal theory who has not done soalready./ A. P. Simester, The Cambridge Law Journal, 1998.