Description: Crime and Culpability A Theory of Criminal Law This book presents a comprehensive theory of a culpability-based criminal law. Larry Alexander (Author), Kimberly Kessler Ferzan (Author), Stephen J. Morse (With) 9780521739610, Cambridge University Press Paperback / softback, published 16 March 2009 374 pages 22.9 x 15.2 x 2.1 cm, 0.55 kg This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. Part I. Introduction: Retribution and the Criminal Law: 1. Criminal law, punishment, and desert Part II. The Culpable Act: 2. The essence of culpability: acts manifesting insufficient concern for the legally protected interests of others 3. Negligence 4. Defeaters of culpability Part III. The Immateriality of Resulting Harm to Legally Protected Interests: 5. Only culpability, not resulting harm, affects desert 6. When are inchoate crimes culpable and why? 7. The locus of culpability Part IV. A Proposed Code: 8. What a culpability-based criminal code might look like. Subject Areas: Criminal law & procedure [LNF], Jurisprudence & philosophy of law [LAB], Social & political philosophy [HPS]
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BIC Subject Area 1: Criminal law & procedure [LNF]
BIC Subject Area 2: Jurisprudence & philosophy of law [LAB]
BIC Subject Area 3: Social & political philosophy [HPS]
Number of Pages: 374 Pages
Language: English
Publication Name: Crime and Culpability: a Theory of Criminal Law
Publisher: Cambridge University Press
Publication Year: 2009
Subject: Law
Item Height: 229 mm
Item Weight: 550 g
Type: Textbook
Author: Kimberly Kessler Ferzan, Larry Alexander
Subject Area: Criminal Law
Series: Cambridge Introductions to Philosophy and Law
Item Width: 152 mm
Format: Paperback
