Bad Acts And Guilty Minds
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Bad Acts And Guilty Minds
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Author : Leo Katz
language : en
Publisher: University of Chicago Press
Release Date : 2012-12-15
Bad Acts And Guilty Minds written by Leo Katz and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-15 with Law categories.
The author of Ill-Gotten Gains uses philosophy and psychology to examine how human behavior can be questioned under criminal law. Henri plans a trek through the desert. Alphonse, intending to kill Henri, puts poison into his canteen. Gaston also intends to kill Henri but has no idea what Alphonse has been up to. He puncture’s Henri’s canteen, and Henri dies of thirst. Who has caused Henri’s death? Was it Alphonse? Gaston? Or neither? Strange conundrums like this one have fascinated lawyers and no lawyers for centuries, raising problems of causation, intention, negligence, necessity, duress, complicity, and attempt. With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying these moral, linguistic, and psychological puzzles that plague the criminal law. Drawing on insights from analytical philosophy and psychology, he brings order into the seemingly endless multiplicity of these puzzles: many of them turn out to be variations of a few basic philosophical problems, making their appearance in different guises. To test his arguments, Katz moves far beyond the traditional body of exemplary criminal law cases. He brings into view the decisions of common law judges in colonial and postcolonial Africa, famous cases such as the Nuremberg trials, Aaron Burr’s treason, and ABSCAM, as well as well-known incidents in fiction. Praise for Bad Acts and Guilty Minds “Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles.” —Edward N. Costikyan, New York Times Book Review “With its novel combination of theoretical and interdisciplinary learning, its refreshingly new approach to old problems, and the easy accessibility made possible by the lightness of its style, Katz’s book should become a classic in the field for years to come. I would recommend it to beginning law students and lay persons interested in an introduction to the field, as well as to criminal law academics interested in furthering their already well-developed understanding of criminal law theory.” —Michael S. Moore, author of Law and Psychiatry: Rethinking the Relationship
Guilty Acts Guilty Minds
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Author : Stephen P. Garvey
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
Guilty Acts Guilty Minds written by Stephen P. Garvey and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
"You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them? Guilty Acts, Guilty Minds proposes an understanding of mens rea and actus reus as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are necessary conditions, among others, for the legitimacy, as distinct from the justice, of state punishment. The actus reus requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided they lacked the capacity to realize they were committing a crime; and on the other, to ascribe guilt to those who realized they were committing a crime, but who lacked the capacity to conform their conduct to the requirements of law. The mens rea requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided their ignorance manifested no lack of law-abiding concern for the law and its ends, and on the other, to ascribe guilt to those who realized they were committing a crime, but whose failure to conform to the law nonetheless manifested no lack of law-abiding concern for the law and its ends"--
Contemporary Criminal Law
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Author : Matthew Lippman
language : en
Publisher: SAGE
Release Date : 2009-09-25
Contemporary Criminal Law written by Matthew Lippman and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-25 with Law categories.
This is a comprehensive, introductory criminal law textbook that expands upon traditional concepts and cases by coverage of the most contemporary topics and issues. Contemporary material, including terrorism, computer crimes, and hate crimes, serves to illuminate the ever-evolving relationship between criminal law, society and the criminal justice system's role in balancing competing interests. The case method is used throughout the book as an effective and creative learning tool.Features include:" vignettes, core concepts, 'Cases and Concepts', 'You Decides, excerpts from state statutes, 'legal equations' and Crime in the News boxes" fully developed end-of-chapter pedagogy includes review questions, legal terminology and 'Criminal Law on the Web' resources" instructor resources (including PowerPoint slides, a computerized testbank and classroom activities) and a Student Study Site accompany this text
Guilty Acts Guilty Minds
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Author : Stephen P. Garvey
language : en
Publisher: Oxford University Press
Release Date : 2020-05-25
Guilty Acts Guilty Minds written by Stephen P. Garvey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-25 with Law categories.
When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.
Act And Crime
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Author : Michael S. Moore
language : en
Publisher:
Release Date : 2010
Act And Crime written by Michael S. Moore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Criminal act categories.
In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.
Felony And The Guilty Mind In Medieval England
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Author : Elizabeth Papp Kamali
language : en
Publisher: Cambridge University Press
Release Date : 2019-08
Felony And The Guilty Mind In Medieval England written by Elizabeth Papp Kamali and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08 with History categories.
Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
Obligations In Roman Law
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Author : Thomas McGinn
language : en
Publisher: University of Michigan Press
Release Date : 2012
Obligations In Roman Law written by Thomas McGinn and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with History categories.
Explores a fundamental building block of Roman life
Minds Brains And Law
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Author : Michael S. Pardo
language : en
Publisher: Oxford University Press
Release Date : 2015-06-15
Minds Brains And Law written by Michael S. Pardo and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-15 with Law categories.
Pardo and Patterson assess the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. It examines the arguments favouring the increased use of neuroscience in law, the means for assessing its reliability in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines. The book uses its explorations to inform a corrective inquiry into the mistaken inferences and conceptual errors that arise from mismatched concepts, such as the mental disconnect of what constitutes 'lying' on a lie detection test.
Crime And Culpability
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Author : Larry Alexander
language : en
Publisher: Cambridge University Press
Release Date : 2009-03-23
Crime And Culpability written by Larry Alexander and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-23 with Law categories.
This book presents a comprehensive theory of a culpability-based criminal law.
The Stuff Of Thought
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Author : Steven Pinker
language : en
Publisher: Penguin UK
Release Date : 2008-06-05
The Stuff Of Thought written by Steven Pinker and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-05 with Language Arts & Disciplines categories.
The Stuff of Thought is an exhilarating work of non-fiction. Surprising, thought-provoking and incredibly enjoyable, there is no other book like it - Steven Pinker will revolutionise the way you think about language. He analyses what words actually mean and how we use them, and he reveals what this can tell us about ourselves. He shows how we use space and motion as metaphors for more abstract ideas, and uncovers the deeper structures of human thought that have been shaped by evolutionary history. He also explores the emotional impact of language, from names to swear words, and shows us the full power that it can have over us. And, with this book, he also shows just how stimulating and entertaining language can be.