Title: Placing blame : a general theory of the criminal law /
Authors: Moore, Michael S., 1943-
Publisher: Clarendon Press ; Oxford University Press,
Year: 1997
Subjects: Criminal law Philosophy; Punishment; Retribution.
Contents: 1. A Theory of Criminal Law Theories -- pt. I. The Theory of Criminal Law's Function. 2. Closet Retributivism. 3. The Moral Worth of Retribution. 4. Justifying Retributivism -- pt. II. The Theory of the General Part: The Theory of Responsibility. A. The Nature of Moral Responsibility. 5. The Independent Moral Significance of Wrongdoing. B. The Elements of Responsibility: Wrongdoing and Culpability. 1. The Nature of Wrongdoing. 6. More on Act and Crime. 7. Causation, Rights-Violations, and Wrongdoing. 8. Foreseeing Harm Opaquely. 2. The Nature of Culpability. 9. Prima Facie Moral Culpability. 10. Mind, Brain, and the Unconscious. 11. Intentions and Mens Rea. 12. Causation and the Excuses. 13. Choice, Character, and Excuse. C. The Agents Who Can Be Responsible: The Nature of Personhood. 14. Mental Illness and Responsibility. 15. An Overview of the Criminal Law's Theory of the Person -- pt. III. The Theory of the Special Part: Theories of Legislation and of Wrongful Action. A. The Theory of Proper Legislative Aim. 16. A Non-Exclusionary Theory of Legislative Aim: Taking Aim at Moral Wrongdoing. B. The Theory of Moral Wrongfulness. 17. Torture and the Balance of Evils. C. The Theory of the Limits of Criminal Legislation. 18. Liberty's Limits on Legislation.