Freedom and Criminal Responsibility in American Legal Thought

Freedom and Criminal Responsibility in American Legal Thought

Author: Thomas Andrew Green

Publisher:

Published: 2014

Total Pages:

ISBN-13: 9781316072301

DOWNLOAD EBOOK

"As the first full-length study of twentieth-century American legal academics wrestling with the problem of free will versus determinism in the context of criminal responsibility, this book deals with one of the most fundamental problems in criminal law. Thomas Andrew Green chronicles legal academic ideas from the Progressive Era critiques of free will-based (and generally retributive) theories of criminal responsibility to the midcentury acceptance of the idea of free will as necessary to a criminal law conceived of in practical moral-legal terms that need not accord with scientific fact to the late-in-century insistence on the compatibility of scientific determinism with moral and legal responsibility and with a modern version of the retributivism that the Progressives had attacked. Foregrounding scholars' language and ideas, Green invites readers to participate in reconstructing an aspect of the past that is central to attempts to work out bases for moral judgment, legal blame, and criminal punishment"--


Book Synopsis Freedom and Criminal Responsibility in American Legal Thought by : Thomas Andrew Green

Download or read book Freedom and Criminal Responsibility in American Legal Thought written by Thomas Andrew Green and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the first full-length study of twentieth-century American legal academics wrestling with the problem of free will versus determinism in the context of criminal responsibility, this book deals with one of the most fundamental problems in criminal law. Thomas Andrew Green chronicles legal academic ideas from the Progressive Era critiques of free will-based (and generally retributive) theories of criminal responsibility to the midcentury acceptance of the idea of free will as necessary to a criminal law conceived of in practical moral-legal terms that need not accord with scientific fact to the late-in-century insistence on the compatibility of scientific determinism with moral and legal responsibility and with a modern version of the retributivism that the Progressives had attacked. Foregrounding scholars' language and ideas, Green invites readers to participate in reconstructing an aspect of the past that is central to attempts to work out bases for moral judgment, legal blame, and criminal punishment"--

Freedom and Criminal Responsibility in American Legal Thought

Freedom and Criminal Responsibility in American Legal Thought

Author: Thomas Andrew Green

Publisher: Cambridge University Press

Published: 2014-10-27

Total Pages: 519

ISBN-13: 0521854601

DOWNLOAD EBOOK

This book deals with the most fundamental problem in criminal law, the way in which free will and determinism relate to criminal responsibility.


Book Synopsis Freedom and Criminal Responsibility in American Legal Thought by : Thomas Andrew Green

Download or read book Freedom and Criminal Responsibility in American Legal Thought written by Thomas Andrew Green and published by Cambridge University Press. This book was released on 2014-10-27 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the most fundamental problem in criminal law, the way in which free will and determinism relate to criminal responsibility.

Freedom and Responsibility

Freedom and Responsibility

Author: Herbert Morris

Publisher:

Published: 1964

Total Pages: 568

ISBN-13:

DOWNLOAD EBOOK


Book Synopsis Freedom and Responsibility by : Herbert Morris

Download or read book Freedom and Responsibility written by Herbert Morris and published by . This book was released on 1964 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Punishment and Freedom

Punishment and Freedom

Author: Alan Brudner

Publisher: OUP Oxford

Published: 2009-07-16

Total Pages: 357

ISBN-13: 0191633283

DOWNLOAD EBOOK

This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.


Book Synopsis Punishment and Freedom by : Alan Brudner

Download or read book Punishment and Freedom written by Alan Brudner and published by OUP Oxford. This book was released on 2009-07-16 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.

Self, Others and the State

Self, Others and the State

Author: Arlie Loughnan

Publisher: Cambridge University Press

Published: 2019-12-12

Total Pages: 327

ISBN-13: 1108754961

DOWNLOAD EBOOK

Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.


Book Synopsis Self, Others and the State by : Arlie Loughnan

Download or read book Self, Others and the State written by Arlie Loughnan and published by Cambridge University Press. This book was released on 2019-12-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.

Social Justice, Criminal Justice

Social Justice, Criminal Justice

Author: Cyndy Caravelis

Publisher: Routledge

Published: 2015-12-14

Total Pages: 280

ISBN-13: 1317298004

DOWNLOAD EBOOK

Social Justice, Criminal Justice is a thought-provoking examination of the U.S. legal system, focusing on how criminal justice and social justice are related. The book provides a solid foundation of key philosophical and theoretical issues and goes on to examine the function of the law as it relates to social justice issues. The authors present and explain the foundational legal documents of the United States, and critically examine how those same documents, which espoused the rhetoric of equality for all, contribute toward the perpetuation and maintenance of a system of exclusion for groups with minority status, such as racial and ethnic minorities, the poor, women, and the LGBT (lesbian, gay, bisexual, transgender) community. Succinct but comprehensive, this text offers a careful examination of possible relationships between social justice theory and criminal justice practice and illuminates the role that the legal system has played in both preventing and assisting social change and power dynamics. For each identified group, important landmark court decisions are used to demonstrate the plight of the powerless and the quest for equal rights. The book provides an important perspective and understanding of the relationships among criminal justice, social justice, and the law. Suitable for undergraduate and early graduate courses in Social Justice, Justice Studies, Critical Issues, Ethics, and American Government and Law, this text provides easily digestible content for those interested in thinking critically about the U.S. legal system.


Book Synopsis Social Justice, Criminal Justice by : Cyndy Caravelis

Download or read book Social Justice, Criminal Justice written by Cyndy Caravelis and published by Routledge. This book was released on 2015-12-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Justice, Criminal Justice is a thought-provoking examination of the U.S. legal system, focusing on how criminal justice and social justice are related. The book provides a solid foundation of key philosophical and theoretical issues and goes on to examine the function of the law as it relates to social justice issues. The authors present and explain the foundational legal documents of the United States, and critically examine how those same documents, which espoused the rhetoric of equality for all, contribute toward the perpetuation and maintenance of a system of exclusion for groups with minority status, such as racial and ethnic minorities, the poor, women, and the LGBT (lesbian, gay, bisexual, transgender) community. Succinct but comprehensive, this text offers a careful examination of possible relationships between social justice theory and criminal justice practice and illuminates the role that the legal system has played in both preventing and assisting social change and power dynamics. For each identified group, important landmark court decisions are used to demonstrate the plight of the powerless and the quest for equal rights. The book provides an important perspective and understanding of the relationships among criminal justice, social justice, and the law. Suitable for undergraduate and early graduate courses in Social Justice, Justice Studies, Critical Issues, Ethics, and American Government and Law, this text provides easily digestible content for those interested in thinking critically about the U.S. legal system.

The Collapse of American Criminal Justice

The Collapse of American Criminal Justice

Author: William J. Stuntz

Publisher: Harvard University Press

Published: 2011-09-30

Total Pages: 425

ISBN-13: 0674051750

DOWNLOAD EBOOK

Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.


Book Synopsis The Collapse of American Criminal Justice by : William J. Stuntz

Download or read book The Collapse of American Criminal Justice written by William J. Stuntz and published by Harvard University Press. This book was released on 2011-09-30 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

Christian Perspectives on Legal Thought

Christian Perspectives on Legal Thought

Author: Michael W. McConnell

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 775

ISBN-13: 0300130066

DOWNLOAD EBOOK

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.


Book Synopsis Christian Perspectives on Legal Thought by : Michael W. McConnell

Download or read book Christian Perspectives on Legal Thought written by Michael W. McConnell and published by Yale University Press. This book was released on 2008-10-01 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.

Punishment and Responsibility

Punishment and Responsibility

Author: H. L. A. Hart

Publisher: OUP Oxford

Published: 2008-03-06

Total Pages: 336

ISBN-13: 0191021776

DOWNLOAD EBOOK

This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.


Book Synopsis Punishment and Responsibility by : H. L. A. Hart

Download or read book Punishment and Responsibility written by H. L. A. Hart and published by OUP Oxford. This book was released on 2008-03-06 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

Criminal Responsibility and Social Constraint

Criminal Responsibility and Social Constraint

Author: Ray Madding McConnell

Publisher:

Published: 1912

Total Pages: 356

ISBN-13:

DOWNLOAD EBOOK


Book Synopsis Criminal Responsibility and Social Constraint by : Ray Madding McConnell

Download or read book Criminal Responsibility and Social Constraint written by Ray Madding McConnell and published by . This book was released on 1912 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: