Philosophy of criminal lawPDF电子书下载

1 Orthodox Criminal Theory 1

The Need for Criminal Law Reform 1

The Fundamental Principles of Criminal Liability 7

1.Legality 7

2.Actus Reus 9

3.Mens Rea 11

4.Concurrence 14

5.Harm 14

6.Causation 15

7.Defenses 17

8.Proof 18

Criminal Theory as Descriptive 20

Criminal Theory as Prescriptive 23

Notes 26

2 Some Observations About Orthodox Criminal Theory 30

Justice and Rights 30

Rights and Criminal Theory 35

Redundancies and Interrelations 40

Black, White, and Shades of Gray 43

Notes 47

3 Justice and Criminal Theory 50

Utility and Criminal Theory 50

Voluntary Intoxication 53

Ignorance of Law 56

Evidence and Criminal Theory 58

Unreasonable Mistakes of Fact 61

Discretion and Criminal Theory 64

The "Subjectification" of Criminal Negligence 65

Choice of Lesser Evils 66

Taint 69

Notes 72

4 The Physical Component of Crime 78

The Impediments to Assessment 78

Criminal Liability Without Action 83

Omissions 83

Status Offenses 86

Involuntary Conduct 90

Thoughts 93

Control 97

Omissions 99

Status Offenses 100

Involuntary Conduct 102

Thoughts 103

Arguments for Control 105

Notes 111

5 The Mental Component of Crime 122

The Orthodox Model of the Criminal Offense 122

Legal and Moral Obligation 128

Criminal Negligence 132

When Is Liability "Strict"? 136

Bifurcated Trials and the Insanity Defense 141

The Irrelevance of Motive 143

Notes 148

6 Omissions, Causation, and Criminal Liability 156

Substantive Injustice 156

Can Omissions Be Causes? 160

Cause in Fact 161

Proximate Cause 163

Proximate Cause as Evaluative 163

Proximate Cause as Descriptive 164

The Causal Requirement 166

Criminal Omissions Without Causation 171

The Distinction Between Acts and Omissions 173

Bodily Movements 174

Apparent Omissions Categorized as Positive Actions 176

Apparent Positive Actions Categorized as Omissions 178

Notes 181

7 Substantive Defenses 187

A Taxonomy of Defenses 187

Advantages of the Taxonomy 190

Two Accounts of Justifications 190

Ignorance of Law and the Modification of Offenses 192

The Serial View of Defenses 194

The Rationale of the Insanity Defense 196

Problems of Classification 198

Denials and Justifications 198

Justifications and Excuses 202

Denials and Excuses 203

Why the Problems? 203

Burdens of Proof 207

The Traditional View 207

The Presumption of Innocence View 209

The Greater Includes the Lesser View 211

Inculpatory Mistakes 211

Notes 216

8 The Enforcement of Morality 224

A Puzzling Anomaly 224

A False Start 229

Harm 231

Harm as a Moral and Political Principle 231

Mill and the Harm Principle 236

Liberalism and Neutrality 237

Liberal Neutrality as the Absence of Morality 239

Liberal Neutrality as Morality 242

Notes 244

Bibliography 249

Index 259