Details
- The author is one of the leading Anglo-American legal theorists, and this text is a distillation of many years' work in the field of criminal law theory
- Broad scope and interdisciplinary approach allows careful analysis of the wide-ranging questions in criminal law theory
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 is Moore'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 so systematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.
Readership: Scholars of criminal law and the philosophy of law.
Introduction
1: A Theory of Criminal Law Theories
Part One: The Theory of Criminal Law's Function
2: Closet Retributivism
3: The Moral Worth of Retribution
4: Justifying Retributivism
Part Two: The Theory of the General Part: The Theory of Responsibility
A. The Nature of Moral Responsibility
5: The Independent Moral Significance of Wrongdoing
B. The Elements of Responsibility: Wrongdoing and Culpability
1: The Nature of Wrongdoing
a. the Nature of Human Action
6: Moore on Act and Crime
b. The Nature of Causation
7: Causation, Rights-Violations, and Wrongdoing
8: Foreseeing Harm Opaquely
2: The Nature of Culpability
a. The Nature of Mental States
9: Prima Facie Moral Culpability
10: Mind, Brain, and the Unconscious
11: Intentions and Mens Rea
The Nature of Excuse
12: Causation and the Excusescuse
13: Choice, Character, and Excuse
Part Three: The Theory of the Special Part: Theories of Legislation and of Wrongful Action
A. The Theory of Proper Legislative Aim
16: A Non-Exclusionary Theory of Legislative Aim: Taking Aim at Moral Wrongdoing
B. The Theory of Moral Wrongfulness
17: Torture and the Balance of Evils
C. The Theory of the Limits of Criminal Legislation
18: Liberty's Limits on Legislation.
Michael S. Moore, Charles R. Walgreen Jr., University Chair and Centre for Advanced Study Professor of Law and Philosophy. University of Illinois
"The high-point of Moore's exposition ... is a fine and psychologically penetrating defense of subjective moral institutions and emotions as 'heuristic indicators' of moral truths." - Books and Culture, July/Aug. 2000.
"In an elegant and masterly introductory essay, laying out in order all the tasks of a theory of criminal law, he pleads that any 'deep theory' of the way law operates must take a moral point of view and be founded on moral institutions." - Books and Culture, July/Aug. 2000.
"This book belongs on the shelves of every serious criminal law theorist and every research library in the world." - M. M. Feeley, University of California, Berkeley, Choice, Feb 1999, Vol 36, no. 6
"The book has four particular qualities which mark it out as a distinctive contribution to criminal law theory... its scope is remarkably broad. Furthermore, Moore brings an unusual combination of disciplinary perspectives to bear on the wide range of questions which he considers. Moore is also unusual in giving the emotions a central place in his theory of criminal law. One has to admire the originality of Moore's position. He is a trenchant anti-consequentialist in ethics who nonetheless provides a careful analysis of the proper role of consequential arguments in shaping criminal law." - Nicola Lacey, The Modern Law Review
"... these are high-quality essays by a considerable figure, and should be read by anyone interested in criminal theory who has not done so already." - A. P. Simester, The Cambridge Law Journal, 1998.
"Much appreciation goes to Professor Moore for sharing his eloquent legal mind with us and our everlasting gratitude goes to the publisher, Oxford Univesrity Press, for bringing us this marvellous book in paperback....making this wonderful journey through the law accessible to students even." - Sally Ramage, The Criminal Lawyer
