The Philosophy of Criminal Law: Selected Essays

Hardcover | April 4, 2010

byDouglas Husak

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This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the major topics in the field, including the grounds of criminal liability, the significance of culpability, the role of defences, and thejustification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work and exploring the goals of criminal theory.Together, the essays present a desert-based analysis of issues in criminal theory that rejects the consequentialist approach more familiar among legal scholars. The foremost concern of these essays is to ensure that the principles and doctrines of the criminal law preserve justice and do notsacrifice individuals for the common welfare. Engagingly written, the essays are accessible to non-specialists and represent an excellent introduction to current issues and debates in the theory of criminal law.

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This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the major topics in the field, including the grounds of criminal liability, the significance of culpability, the role of defences, and thejustification of punishment. The volume include...

Douglas Husak is Professor of Philosophy and Law at Rutgers University. He is a leading figure in the philosophy of criminal law and has written numerous journal articles and books, including Overcriminalisation, Legalize This! The Case for Decriminalizing Drugs, and The Legalization of Drugs.

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Format:HardcoverDimensions:496 pagesPublished:April 4, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199585032

ISBN - 13:9780199585038

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Table of Contents

Introduction: The Aspirations of Criminal TheoryCriminal Liability1. Does Criminal Liability Require an Act?2. Motive and Criminal Liability3. The Costs to Criminal Theory of Supposing that Intentions are Irrelevant to Permissibility4. Transferred Intent5. The Nature and Justifiability of Nonconsummate Offenses6. Strict Liability, Justice, and ProportionalityDegrees of Culpability7. The Sequential Principle of Relative Culpability8. Willful Ignorance, Knowledge, and the Equal Culpability Thesis: A Study of the Significance of the Principle of Legality9. Rapes Without Rapists: Consent and Reasonable Mistake10. Mistake of Law and CulpabilityDefences11. On the Supposed Priority of Justification to Excuse12. Partial Defenses13. The 'But Everybody Does That!' Defense14. The De Minimis 'Defense' to Criminal LiabilityPunishment and Its Justification15. Why Punish the Deserving?16. Malum Prohibitum and Retributivism17. Already Punished Enough