Punishment and freedom : a liberal theory of penal justice / Alan Brudner.

Format:

Book

Author/Creator:

Brudner, Alan.

Series:

Oxford monographs on criminal law and criminal justice.

Oxford monographs on criminal law and justice

Language:

English

Subjects (All):

Punishment--Philosophy.

Punishment.

Corrections--Philosophy.

Corrections.

Physical Description:

1 online resource (357 p.)

Place of Publication:

Oxford ; New York : Oxford University Press Inc., 2009.

Language Note:

English

Summary:

Presenting an original theory on the nature of crimimal law, this text provides an understanding of apparent contradictions and paradoxes within the field.

Contents:

Contents; List of Terms Used; Introduction; 1. Punishment; 1. The Concept of Public Reason; 2. Public Reason as Formal Agency; 3. The Features of the Formalist Paradigm; 4. Formalist Right and Wrong; 5. Culpable Wrong and Formalist Punishment; 6. A Response to Critics of Retributivism; 7. The Limits of Formalism; 2. Culpable Mind; 1. The Two Roles of Mens Rea; 2. Character, Choice, and Opportunity; 3. A Legal Account of Mens Rea; 4. A Response to Objections; 5. Conclusion; 3. Culpable Action; 1. The Austinian View of the Actus; 2. The Moral Account of the Actus

3. A Legal Account of the Actus4. Inchoate Crime; 5. Epilogue; 4. Responsibility for Harm; 1. Public Reason as Real Autonomy; 2. The Features of the Real Autonomy Paradigm; 3. What Does the Right to Author One's Moral Fate Entail?; 4. Fault-Undifferentiated Crimes; 5. The Novus Actus Interveniens; 6. Conclusion; 5. Liability for Public Welfare Offences; 1. What is a Public Welfare Offence?; 2. Why is Subjective Fault Not Required for Public Welfare Offences?; 3. What Principles of Penal Justice Apply to Public Welfare Offences?; 4. Ignorance of the Law; 5. Conclusion; 6. Justification

1. Introduction2. The Lesser Evil; 3. Double Effect; 4. Justification against Wrongdoers; 5. Justification against Innocents; 7. Excuse; 1. The German Constitutional Court and the Luftsicherheitsgesetz; 2. Exculpation and Exonerating Excuse; 3. Why Should Excusing Necessity and Duress Exonerate?; 4. Excuse as Moral Analogue of Legal Exculpation; 5. Excuse as Staying the State's Sword; 6. Partial Excuse as Moral Analogue of Partial Exculpation; 8. Detention after Acquittal; 1. Requiem for a Defence; 2. Why is Detention of the Innocent Insane Permissible?

3. Divergence of the Criteria for Insane Automatism and Diminished Respect4. Toward a New Legal Definition of Disease of the Mind; 5. Conclusion; 9. The Unity of the Penal Law; 1. Introduction; 2. The Interdependence of Formal Agency and Real Autonomy; 3. Public Reason as Dialogic Community; 4. Dialogic Community in the Paradigms; 5. Epilogue; Conclusion; Bibliography; Index; A; B; C; D; E; F; G; H; I; J; K; L; M; N; O; P; R; S; T; U; W

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-170550-0

1-283-57939-1

9786613891846

0-19-163327-5

OCLC:

817810419