Act and Crime

The Philosophy of Action and its Implications for Criminal Law

Häftad, Engelska, 2010

Av Michael S. Moore, University of Illinois) Moore, Michael S. (Charles R. Walgreen Jr., University Chair and Centre for Advanced Study Professor of Law and Philosophy

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In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements and nothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohibited by criminal codes both do and should require (in addition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides both legislators and judges (and the lawyers who argue to both) a grounding in three of the most basic elements of criminal liability.

Produktinformation

Utgivningsdatum2010-08-05
Mått141 x 216 x 28 mm
Vikt534 g
FormatHäftad
SpråkEngelska
Antal sidor432
FörlagOUP OXFORD
ISBN9780199599509

Tillhör följande kategorier

Brottslighet och kriminologi inom Samhalle och politik
Juridik: metod och teori inom Juridik
Straffrätt: process och brott inom Juridik
Klinisk psykologi inom Medicin
Filosofiska discipliner inom Filosofi och religion

Professor Michael Moore holds the Charles R. Walgreen, Jr. Chair at the Univerity of Illinois. He is jointly appointed as Professor of Law in the College of Law and as Professor of Philosophy in the College of Liberal Arts and Sciences. He also holds an appointment as a Professor with the Center for Advanced Studies. His major works include Causation and Responsibility (OUP, 2009), Placing Blame (OUP, 1997), and Law and Psychiatry (CUP, 1984).

Preface to the Paperback Edition ; 1. Introduction: Criminal Law's Three Conduct Requirements ; PART I: BASIC ACTS AND THE ACT REQUIREMENT ; 2. The Doctrinal Unity of the Act Requirement ; 3. The Orthodox View of the Act Requirement and Its Normative Defence ; 4. The Metaphysics of Basic Acts I: The Existence of Actions ; 5. The Metaphysics of Basic Acts II: The Identity of Actions with Bodily Movements ; 6. The Metaphysics of Basic Acts III: Volitions as the Essential Source of Actions ; PART II: COMPLEX ACTION DESCRIPTIONS AND THE ACTUS REUS REQUIREMENT ; 7. The Doctrinal Basis of the Actus Reus Requirement ; 8. Unity in Complex Action Description and in the Actus Reus Requirement ; 9. The Normative Basis for the Actus Reus Requirement ; 10. The Metaphysics of Complex Actions I: The Dependence of Complex Actions on Basic Acts ; 11. The Metaphysics of Complex Actions II: The Identity of Complex Actions with Basic Acts ; PART III: THE IDENTITY CONDITIONS OF ACTIONS AND THE DOUBLE JEOPARDY REQUIREMENT ; 12. The Doctrinal and Normative Basis of the Double Jeopardy Requirement ; 13. Legal, Moral, and Metaphysical Notions of the 'Sameness' of Action-Types ; 14. Legal, Moral, and Metaphysical Notions of the 'Sameness' of Act-Tokens

Michael Moore has produced the finest and most comprehensive treatment of the connection between the substantive criminal law and that highly specialized branch of philosophy that deals with human action. Anyone with a serious interest in the relationship between these two areas has long awaited the careful attention provided by Moore's excellent book. Act and Crime sets the standard against which subsequent contributions will be measured; quite simply, there exists no book-length examination of these issues to rival Moore's.