Criminal law conversations / edited by Paul H. Robinson, Stephen P. Garvey, Kimberly Kessler Ferzan.

Format:

Book

Contributor:

Robinson, Paul H., 1948-

Garvey, Stephen P., 1965-

Ferzan, Kimberly Kessler, 1971-

Language:

English

Subjects (All):

Criminal law--Philosophy.

Criminal law.

Physical Description:

xxvii, 732 pages : illustrations ; 25 cm

Place of Publication:

Oxford ; New York : Oxford University Press, [2009]

Summary:

Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law.

Contents:

Decision rules and conduct rules : on acoustic separation in criminal law / Meir Dan-Cohen

Empirical desert / Paul H. Robinson

Defending preventive detention / Christopher Slobogin

The economics of crime control / Doron Teichman

The difficulties of deterrence as a distributive principle / Paul H. Robinson

Why only the state may inflict criminal sanctions : the case against privately inflicted sanctions / Alon Harel

Results don't matter / Larry Alexander and Kimberly Kessler Ferzan

Post-modern meditations on punishment : on the limits of reason and the virtue of randomization / Bernard E. Harcourt

Remorse, apology, and mercy / Jeffrie G. Murphy

Interpretive construction in the substantive criminal law / Mark Kelman

Criminalization and sharing wrongs / S.E. Marshall and R.A. Duff

Monstrous offenders and the search for solidarity through modern punishment / Joseph E. Kennedy

Against negligence liability / Larry Alexander and Kimberly Kessler Ferzan

Rape law reform based on negotiation : beyond the no and yes models / Michelle J. Anderson

Provocation : explaining and justifying the defense in partial excuse, loss of self-control terms / Joshua Dressler

Objective verses subjective justification : a case study in function and form in constructing a system of criminal law theory / Paul H. Robinson

Self-defense and the psychotic aggressor / George P. Fletcher and Luis E. Chiesa

Self-defense against morally innocent threats / Jeff McMahan

Self-defense, imminence, and the battered woman / Whitley R.P. Kaufman

Reasonable provocation and self-defense : recognizing the distinction between act reasonableness and emotion reasonableness / Cynthia Lee

Against control tests for criminal responsibility / Stephen J. Morse

Abolition of the insanity defense / Christopher Slobogin

Entrapment and the "free market" for crime / Louis Michael Seidman

The political economy of criminal law and procedure : the pessimists' view / Richard H. McAdams

Against jury nullification / Andrew D. Leipold

Race-based jury nullification : black power in the criminal justice system / Paul Butler

In support of restorative justice / Erik Luna

The virtues of offense/offender distinctions / Douglas A. Berman

The heart has its reasons : examining the strange persistence of the American death penalty / Susan A. Bandes

Mercy's decline and administrative law's ascendance / Rachel E. Barkow

Criminal law comes home / Jeannie Suk.

Notes:

Includes bibliographical references and index.

ISBN:

9780195391633

0195391632

OCLC:

301798385