Intention In Law And Philosophy
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Intention In Law And Philosophy
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Author : Ngaire Naffine
language : en
Publisher: Routledge
Release Date : 2019-05-24
Intention In Law And Philosophy written by Ngaire Naffine and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-24 with Law categories.
This title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.
Intention Agency And Criminal Liability
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Author : Antony Duff
language : en
Publisher: Wiley-Blackwell
Release Date : 1990-01
Intention Agency And Criminal Liability written by Antony Duff and has been published by Wiley-Blackwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-01 with Philosophy categories.
Reasons And Intentions In Law And Practical Agency
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Author : George Pavlakos
language : en
Publisher:
Release Date : 2015
Reasons And Intentions In Law And Practical Agency written by George Pavlakos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with LAW categories.
Philosophy And The Criminal Law
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Author : Antony Duff
language : en
Publisher: Cambridge University Press
Release Date : 1998-02-13
Philosophy And The Criminal Law written by Antony Duff 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 1998-02-13 with Law categories.
Five legal theorists discuss a range of questions on the nature of the philosophy of criminal law.
Philosophy Of Law
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Author : Mark Tebbit
language : en
Publisher: Routledge
Release Date : 2017-01-20
Philosophy Of Law written by Mark Tebbit and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-20 with Law categories.
Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.
The Philosophy Of Criminal Law
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Author : Christopher Cowley
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-05
The Philosophy Of Criminal Law written by Christopher Cowley and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-05 with Philosophy categories.
The Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives. At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law. This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.
Attempts
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Author : Gideon Yaffe
language : en
Publisher: OUP Oxford
Release Date : 2012-11-29
Attempts written by Gideon Yaffe and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-29 with Philosophy categories.
Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be trying to act. Yaffe offers solutions to the difficult problems courts face in the adjudication of attempted crimes. He argues that the problems courts face admit of principled solution through reflection either on what it is to try to do something; or on what evidence is required for someone to be shown to have tried to do something; or on what sentence for an attempt is fair given the close relation between attempts and completions. The book argues that to try to do something is to be committed by one's intention to each of the components of success and to be guided by those commitments. Recognizing the implications of this simple and plausible position helps us to identify principled grounds on which the courts ought to distinguish between defendants charged with attempted crimes.
Direct And Oblique Intention In The Criminal Law
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Author : Itzhak Kugler
language : en
Publisher: Routledge
Release Date : 2017-07-28
Direct And Oblique Intention In The Criminal Law written by Itzhak Kugler and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.
Collective Action Philosophy And Law
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Author : Teresa Marques
language : en
Publisher: Routledge
Release Date : 2021-11-29
Collective Action Philosophy And Law written by Teresa Marques and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-29 with Philosophy categories.
Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law. The book contains 13 original chapters written by an international team of leading philosophers and legal theorists and is divided into 4 parts: The nature of law and of legislative intention Practical reasoning and duties Causality, blameworthiness and responsibility Citizens, states and institutions. These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively. Collective Action, Philosophy and Law is the first major interdisciplinary and multi-authored work bridging legal and philosophical approaches to collective agency. As such, it is essential reading for students and researchers of philosophy of law, ethics, political philosophy, jurisprudence and legal theory.
Oxford Studies In Philosophy Of Law
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Author : John Gardner
language : en
Publisher: Oxford University Press
Release Date : 2018-09-13
Oxford Studies In Philosophy Of Law written by John Gardner 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 2018-09-13 with Law categories.
Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.