John Gardner's writings on the theory of criminal law have had a significant impact on the way that this subject is understood by legal scholars and philosophers. This book collects together a selection of his best-known and most provocative pieces. John Gardner tackles persistent and troublesome questions about the philosophical foundations of the criminal law. Which wrongs are suitable to be crimes and why? What are the conditions of criminal responsibility, and how do they relate to the conditions of moral responsibility? What does it take to be complicit in another's wrongdoing? Should crimes ever be excused, and if so, on what basis? How, if at all, should the criminal law adapt to conditions of social and cultural diversity? The issues raised in these essays have a significance extending beyond the law. What does it mean to be a responsible agent and why does it matter? Is my moral character only or mostly my own business? Is there a difference between being reasonable and being rational? These and many other moral problems lurk in the background of the criminal law, and the pieces in this book bring them into the foreground. Theoretical writings on the criminal law have often been dominated by a preoccupation with the justification of criminal punishment. This work is different. Although it discusses the legitimacy of criminal punishment it proceeds on the footing that the criminal law does many important things apart from punishing people. In particular, Gardner argues that the criminal law provides an important forum for people to explain themselves. Such a forum would be important, argues Gardner, even if criminal punishment were to be abolished.
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This selection of John Gardner's influential pieces in criminal law theory tackles persistent, troublesome questions including: Which wrongs should be crimes and why? Should crimes ever be excused, and if so on what basis? What are the conditions of criminal responsibility, and how do they relate to conditions of moral responsibility?
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Preface ; Acknowledgements ; 1. The Wrongness of Rape ; 2. Rationality and the Rule of Law in Offences Against the Person ; 3. Complicity and Causality ; 4. In Defence of Defences ; 5. Justifications and Reasons ; 6. The Gist of Excuses ; 7. Fletcher on Offences and Defences ; 8. Provocation and Pluralism ; 9. The Mark of Responsibility ; 10. The Functions and Justifications of Criminal Law and Punishment ; 11. Crime: in Proportion and in Perspective ; 12. Reply to Critics ; Index
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This is a marvellous collection.
Demonstrates how topical debates illustrate timeless issues of punishment and responsibility Collects in one accessible place the most important of Gardner's highly regarded and influential essays The concluding chapter provides an extensive reply to critics showing Gardner's thinking in response to criticisms of the chapters and providing an overview of his ideas on criminal responsibility
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John Gardner is Professor of Jurisprudence at the University of Oxford and a Fellow of University College, Oxford. He has held visiting positions at Yale Law School, Columbia Law School, the Australian National University, the University of Texas, and Princeton University. He serves on the editorial boards of several journals including the Oxford Journal of Legal Studies and the Journal of International Criminal Justice. Qualified as a Barrister in England & Wales, he has been a Bencher of the Honourable Society of the Inner Temple since 2003.
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Demonstrates how topical debates illustrate timeless issues of punishment and responsibility Collects in one accessible place the most important of Gardner's highly regarded and influential essays The concluding chapter provides an extensive reply to critics showing Gardner's thinking in response to criticisms of the chapters and providing an overview of his ideas on criminal responsibility
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Produktdetaljer

ISBN
9780199239351
Publisert
2007
Utgiver
Vendor
Oxford University Press
Vekt
495 gr
Høyde
225 mm
Bredde
145 mm
Dybde
25 mm
Aldersnivå
UU, UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
304

Forfatter

Om bidragsyterne

John Gardner is Professor of Jurisprudence at the University of Oxford and a Fellow of University College, Oxford. He has held visiting positions at Yale Law School, Columbia Law School, the Australian National University, the University of Texas, and Princeton University. He serves on the editorial boards of several journals including the Oxford Journal of Legal Studies and the Journal of International Criminal Justice. Qualified as a Barrister in England & Wales, he has been a Bencher of the Honourable Society of the Inner Temple since 2003.