| Description |
1 online resource (236 pages) |
| Contents |
Introduction -- 1. Substance versus Procedure -- The Philosophical Problem: Substance versus Procedure -- The Burden of Proof: Half a Loaf -- The Distinction in Context -- 2. Punishment versus Treatment -- Two Constitutional Perspectives: Motive versus Impact -- The Purposes of Punishment -- The Conceptual Analysis of Punishment -- Punishment: Public and Private -- 3. Subject versus Object -- The Requirement of Human Action -- Acts and Omissions -- Commission by Omission -- Offenses of Failing to Act -- Alternative Approaches to Human Action |
|
Subject and Object in Criminal Procedure -- 4. Human Causes versus Natural Events -- The Domain of Causation -- How to Approach Causation -- Problem One: Alternative Sufficient Causes -- Problem Two: Proximate Cause -- Problem Three: Omissions -- Causation in Ordinary Language -- Ideology and Causation -- 5. The Crime versus the Offender -- The Basics of Wrongdoing -- The Basics of Attribution -- The Operative Significance of the Distinction -- A Problem in the Borderland: Putative Self-Defense -- 6. Offenses versus Defenses -- Disputes about the Burden of Persuasion |
|
From Defeasible to Comprehensive Rules -- Formal Reasoning -- The Presumption of Innocence -- The Moral Theory of Guilt -- The Necessity of the Distinction Between Offense and Defense -- Can a Statutory Justifiction Be Unlawful? -- 7. Intentions versus Negligence -- Accidents and Negligence -- Negligence: Objective and Subjective -- The Structure of Culpable Intentions -- On Motives -- The Distinction Between Intention and Negligence Revisited -- 8. Self-Defense versus Necessity -- Se Defendendo and Necessity as Excuses -- Self-Defense as a Justification |
|
Necessity or Lesser Evils as a Justification -- Conflicts Between Self-Defense and Necessity -- 9. Relevant versus Irrelevant Mistakes -- Irrelevant Mistakes -- Mistakes about Factual Elements of the Definition (Type One) -- Mistakes about Legal Aspects of the Definition (Type Two) -- Mistakes about Factual Elements of Justification (Type Three) -- Putative Justification Negates the Required Intent -- Strict Liability: The Mistake Is Deemed Irrelevant -- Putative Justification Is Itself Justification -- Reasonable Mistake as an Excuse -- Mistakes about the Norms of Justifiction (Type Four) |
|
Mistakes about the Factual Elements of Excuses (Type Five) -- Mistakes about Excusing Norms (Type Six) -- Summary of Mistakes: Relevant and Irrelevant -- 10. Attempts versus Completed Offenses -- The Search for the Primary Offense -- The Structure of Attempts: Impossibility -- The Structure of Attempts: Abandonment -- 11. Perpetration versus Complicity -- The Formal Equivalence of Perpetrators and Accomplices -- The Differentiation of Perpetrators from Other Participants -- Two Problematic Variations -- The Expansion of Corporate Criminal Liability -- 12. Justice versus Legality |
| Summary |
In this text, Fletcher maintains that there is much greater unity among diverse systems of criminal justice than commonly realized, and that any adequate system of criminal law necessarily must address a set of universal, basic issues |
| Notes |
Contents; Introduction; 1. Substance versus Procedure; 2. Punishment versus Treatment; 3. Subject versus Object; 4. Human Causes versus Natural Events; 5. The Crime versus the Offender; 6. Offenses versus Defenses; 7. Intentions versus Negligence; 8. Self-Defense versus Necessity; 9. Relevant versus Irrelevant Mistakes; 10. Attempts versus Completed Offenses; 11. Perpetration versus Complicity; 12. Justice versus Legality; Index |
|
Print version record |
| Subject |
Criminal law.
|
|
Public law.
|
|
Criminal law.
|
|
Public law.
|
| Form |
Electronic book
|
| ISBN |
9780199729210 |
|
0199729212 |
|
9781602562998 |
|
1602562997 |
|
1280470747 |
|
9781280470745 |
|
