In this fairly lengthy essay, I attempt to bring theoretical unity to the general part of the criminal law by viewing the issues of the general part - the voluntary act requirement, mens rea, culpability, attempts, defenses, etc. - through a controversial but plausible lens, namely that legal wrongs justify criminal punishment when their commission indicates negative desert commensurate with that punishment. In exploring the question what acts (or other things) justify punishment, I take positions, sometimes unorthodox, on such matters as what should count as an attempt, is self-defense really a justification, and should the defense of duress apply to nonhuman threats, among (many) others. In the last third of the essay, I discuss the speci...
Note bibliographique du livre : P. Rush et S. Yeo, Criminal Law Sourcebook, Sydney, Butterworths, 20...
When I was originally approached to participate in this Symposium on the work and legacy of Joel Fei...
So far as there is a school of criminal theory in the United States, it is a school devoted to sifti...
Criminal law scholarship is marked by a sharp fault line separating substantive criminal law from cr...
The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles o...
The last several decades have witnessed an outpouring of serious articles bringing to bear the metho...
This book presents a comprehensive overview of what the criminal law would look like if organized ar...
This short essay, part of the Criminal Law Conversations project, argues for an objective formulatio...
The subject of the attention of the author are individual provisions of the Criminal Law and the Law...
The entrapment defense is a puzzle of long standing. One the one hand, we are offended by the govern...
The question of crime and punishment has been a subject of great controversy among moral philosopher...
The aim of this essay is to show that any attempt to define theoretical limits to the proper scope o...
Committing physical behavior is a prerequisite in realization of criminal liability in criminal law....
In addition to requiring subjective culpability, criminal offenses typically involve two objective f...
Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes o...
Note bibliographique du livre : P. Rush et S. Yeo, Criminal Law Sourcebook, Sydney, Butterworths, 20...
When I was originally approached to participate in this Symposium on the work and legacy of Joel Fei...
So far as there is a school of criminal theory in the United States, it is a school devoted to sifti...
Criminal law scholarship is marked by a sharp fault line separating substantive criminal law from cr...
The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles o...
The last several decades have witnessed an outpouring of serious articles bringing to bear the metho...
This book presents a comprehensive overview of what the criminal law would look like if organized ar...
This short essay, part of the Criminal Law Conversations project, argues for an objective formulatio...
The subject of the attention of the author are individual provisions of the Criminal Law and the Law...
The entrapment defense is a puzzle of long standing. One the one hand, we are offended by the govern...
The question of crime and punishment has been a subject of great controversy among moral philosopher...
The aim of this essay is to show that any attempt to define theoretical limits to the proper scope o...
Committing physical behavior is a prerequisite in realization of criminal liability in criminal law....
In addition to requiring subjective culpability, criminal offenses typically involve two objective f...
Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes o...
Note bibliographique du livre : P. Rush et S. Yeo, Criminal Law Sourcebook, Sydney, Butterworths, 20...
When I was originally approached to participate in this Symposium on the work and legacy of Joel Fei...
So far as there is a school of criminal theory in the United States, it is a school devoted to sifti...