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Written by a noted expert in criminal law, the 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. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows the book to take more nuanced positions about many important controversies in criminal law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations. This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike.
Preface Acknowledgements Abbreviations Part I: Groundwork 1: Crime, Responsibility, Culpability, and Wrongdoing 2: Structure and Nomenclature 3: Five Functions, and Two Kinds, of Mens Rea Part II: Responsibility 4: Moral and Ascriptive Responsibilities 5: Causation 6: Why Not-doings are Special 7: Complicity 8: Moral Responsibility and Voluntariness 9: (Non-volitional) Action Part III: Culpability and Wrongdoing 10: Prolegomenon to Part III 11: A Pluralistic Theory of Culpability 12: Being Unreasonable 13: Strict and Constructive Liability 14: Outcome and other Luck 15: Distinguishing Intended from Advertent Action 16: On the Moral Distinction between Intention and Advertence 17: Distinguishing Defences 18: Unpacking Justifications 19: Unpacking Excuses: Hybrids and Mistakes
Author(s) | By A P Simester (Amaladass Professor of Criminal Justice, Amaladass Professor of Criminal Justice, National University of Singapore). |
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Publisher | Oxford University Press |
ISBN | 9780198853145 |
Format | Hardback |
Pages | 544 |
Published in | United Kingdom |
Published | 4 Feb 2021 |
Availability | Available |
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