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Fundamentals of Criminal Law

Responsibility, Culpability, and Wrongdoing

«Fundamentals of Criminal Law is definitely written for the unashamed criminal law geeks, myself included. It is an in-depth reading and analysis of criminal legal doctrine. In keeping with his interest in theory, Simester seeks to explore the philosophical underpinnings of the criminal legal categories of actus reus, mens rea, and defenses. To a certain extent, the book thus follows a classic structure of criminal law.»

Penny Crofts, Criminal Law and Criminal Justice Books

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. Les mer

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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.

Detaljer

Forlag
Oxford University Press
Innbinding
Innbundet
Språk
Engelsk
ISBN
9780198853145
Utgivelsesår
2021
Format
24 x 16 cm

Anmeldelser

«Fundamentals of Criminal Law is definitely written for the unashamed criminal law geeks, myself included. It is an in-depth reading and analysis of criminal legal doctrine. In keeping with his interest in theory, Simester seeks to explore the philosophical underpinnings of the criminal legal categories of actus reus, mens rea, and defenses. To a certain extent, the book thus follows a classic structure of criminal law.»

Penny Crofts, Criminal Law and Criminal Justice Books

«The book illuminates the complex relationship between morality and criminal law-how moral norms and reasons are and should be mirrored by the law, how they sometimes should not reflect one another for good institutional reasons or the preservation of liberty.»

Alex Sarch, University of Surrey, Ethics

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