ENGLISH

Crime and Culpability: A Theory of Criminal Law

By Larry Alexander , Kimberly Kessler Ferzan , Stephen J. Morse

Book information

Publisher
Cambridge University Press
Year
2009
ISBN
0521518776, 9780521518772, 0521739616, 9780521739610
LCC
K5103 .A44 2008
Language
english
Format
PDF
Filesize
3 MB (2627421 bytes)
Series
Cambridge Introductions to Philosophy and Law
Edition
1
Pages
374\374
Topic
Jurisprudence Law
Scanned
yes
Time added
2010-02-18 13:16:04
Юридические дисциплины;Уголовное право;Уголовное п

Description

This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors' conceptualization is put into practice.

Similar books