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.

Douglas Husak, Criminal Law Forum

...one of America's leading legal theorists...a book that repays close study and which should retain its appeal for all students of the criminal law for many years to come.

Paul Roberts, The Criminal Law Review

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.
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What implications are there for the criminal law from the philosophy of action? Providing a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it, Moore develops a coherent theory of action in philosophy and assesses its effects on criminal law.
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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
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A comprehensive examination of the relationship between the substantive criminal law and the philosophy of action Written by one of the foremost Anglo-American legal theorists
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).
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A comprehensive examination of the relationship between the substantive criminal law and the philosophy of action Written by one of the foremost Anglo-American legal theorists

Produktdetaljer

ISBN
9780199599509
Publisert
2010
Utgiver
Vendor
Oxford University Press
Vekt
534 gr
Høyde
216 mm
Bredde
141 mm
Dybde
28 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
432

Forfatter

Om bidragsyterne

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).