Central Issues in Criminal Theory.
- 1st ed.
- 1 online resource (390 pages)
Half Title Page -- Title Page -- Title verso -- Preface -- Contents -- Introduction -- 1. Criminalising Wrongdoing -- CRIMINALISING WRONGDOING -- STRUCTURING MORALITY AND AUTONOMY -- 2. Punishing Wrongdoing -- WHAT IS PUNISHMENT? -- JUSTIFYING PUNISHMENT -- PUNISHMENT AS SOCIAL ENGINEERING -- PUNISHMENT AS DESERT -- PUNISHMENT AS COMMUNICATION -- RECONCILING MEANS AND ENDS -- ANCHORING PUNISHMENTS AND PENALTIES: RESTORATION AND VENGEANCE -- 3. Criminal Wrongdoing: Acts and Omissions -- THE ACT REQUIREMENT -- ACTS AND ACTIONS -- MORAL RESPONSIBILITY WITHOUT ACTION -- AUTONOMY-BASED OBJECTIONS TO CRIMINALISING OMISSIONS -- LEGALITY-BASED OBJECTIONS TO CRIMINALISING OMISSIONS -- COMMUNICATING WRONGDOING -- 4. Criminal Wrongdoing: Voluntariness -- CHARACTERISING VOLUNTARY BEHAVIOUR -- VOLUNTARINESS, DEFENCES AND THE COURTS -- AUTHORSHIP, POLICY AND MORAL EVALUATION -- AUTHORSHIP AND CONTROL -- INVOLUNTARY OMISSIONS -- CONCLUSION -- 5. Intention, Motives and Desert -- INTRODUCTION: MENS REA AND DESERT -- INTENTION AND RESPONSIBILITY -- INTENTION AS A MEANS OF STRUCTURING LIABILITY -- INTENTION AS A MEANS OF STRUCTURING WRONGS -- THE MEANING OF INTENTION -- INTENTION, MOTIVE AND DOCTRINAL RATIONALITY -- 6. Causing Harm -- INTRODUCTION -- UNDERSTANDING CAUSATION -- FOR WHICH CRIMES IS THERE A CAUSAL REQUIREMENT? -- HOW DO WE ARRIVE AT A PRINCIPLED APPROACH TO CAUSATION? -- ASSIGNING CAUSAL RESPONSIBILITY -- 7. Attributing Liability to Secondary Parties -- ACCESSORIES AS AGENTS -- ACCESSORIES AS CAUSES OR PRIME MOVERS -- DERIVATIVE LIABILITY: TENSIONS AND INSTABILITY -- WITHDRAWAL FROM PARTICIPATION -- COMPLICITY AND CAUSATION: A RATIONAL APPROACH TO CRIMINAL ATTRIBUTION? -- 8. Criminal Attempts -- CONCEIVING ATTEMPTS -- CRIMINAL ATTEMPTS: THE MENTAL ELEMENT -- INCOMPLETE ATTEMPTS -- VOLUNTARY ABANDONMENT. PUNISHING ATTEMPTS: THE SIGNIFICANCE OF RESULTING HARM -- IMPOSSIBLE ATTEMPTS -- 9. Packaging Criminal Liability -- PACKAGING WRONGDOING -- PACKAGING CRIME -- 10. Criminal Defences: Setting Limits to Justifications -- DURESS, NECESSITY AND SELF-DEFENCE: THE BASIC TEMPLATE -- DIFFERENTIATING DURESS, NECESSITY AND SELF-DEFENCE -- NECESSITY AND SELF-DEFENCE -- JUSTIFYING SELF-PRESERVATION: NECESSITY AND DURESS -- 11. Excusing Wrongdoing: Capacity and Virtue -- INTRODUCTION -- THRESHOLDS OF RESPONSIBILITY -- EMBODYING CRIMINAL DEFENCES -- THE CAPACITY APPROACH -- THE CHARACTER APPROACH -- A UNITY TO EXCUSES? -- Bibliography -- Index.
This book questions whether one of the tasks of criminal theory is to set goals and identify deficiencies in order to improve rules and procedures.