This is a challenging collection of new essays on the theory of criminal law by leading philosophers from the UK, USA, and Canada. Ranging across such central issues as moral luck, mistake, and mental illness, Action and Value in Criminal Law aims to reorientate the study of criminal law, and will be essential reading for scholars and advanced students of criminal law, legal and moral philosophy.
Readership: Scholars and students of criminal law, legal philosophy, and philosophy.
Edited by Stephen Shute, Senior Lecturer in Law, University of Birmingham, John Gardner, Fellow and Tutor in Law, Brasenose College, Oxford, and Jeremy Horder, Fellow and Tutor in Law, Worcester College, Oxford
"a handsome volume, with an unusually critical prologue (to which readers in search of a longer review might turn) ... This is a collection to use" - Cambridge Law Journal
Stephen Shute, John Gardner, and Jeremy Horder: Introduction: The Logic of Criminal Law
1: Alan Brudner: Agency and Welfare in the Penal Law
2: R.A. Duff: Acting, Trying, and Criminal Liability
3: Jennifer Hornsby: On What's Intentionally Done
4: Andrew Ashworth: Taking the Consequences
5: Michael S. Moore: Foreseeing Harm Opaquely
6: Douglas Husak and Andrew von Hirsch: Culpability and Mistake of Law
7: George P. Fletcher: The Nature of Justification
8: Paul H. Robinson: Should the Criminal Law Abandon the Actus Reus/Mens Rea Distinction?
9: Richard H.S. Tur: Subjectivism and Objectivism: Towards Synthesis
10: Stephen J. Morse: Diminished Capacity
11: K.W.M. Fulford: Value, Action, Mental Illness, and the Law