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Crime and Culpability A Theory of Criminal Law

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ISBN-10: 0521739616

ISBN-13: 9780521739610

Edition: 2008

Authors: Larry Alexander, Kimberly Kessler Ferzan, Stephen J. Morse

List price: $23.99
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Book details

List price: $23.99
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 3/16/2009
Binding: Paperback
Pages: 374
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.100
Language: English

Kimberly Kessler Ferzan is associate dean for faculty affairs and professor of law at Rutgers University School of Law, Camden. The author of numerous articles, essays, and book chapters on criminal law theory, she is co-founder and co-director of the Rutgers-Camden Institute for Law and Philosophy.

Acknowledgments
Introduction: Retributivism and the Criminal Law
Criminal Law, Punishment, and Desert
The Criminal Law and Preventing Harm
Questions about Retributivism
Conclusion
The Culpable Choice
The Essence of Culpability: Acts Manifesting Insufficient Concern for the Legally Protected Interests of Others
Unpacking Recklessness
Folding Knowledge and Purpose into Recklessness
A Unified Conception of Criminal Culpability
Proxy Crimes
Negligence
Why Negligence Is Not Culpable
Attempts at Narrowing the Reach of Negligence Liability
The Strongest Counterexample to Our Position
The Arbitrariness of the Reasonable-Person Test
Defeaters of Culpability
Justifications and Excuses: Reorienting the Debate
Socially Justifying Reasons
Excuses
Mitigating Culpability
The Culpable Act
Only Culpability, Not Resulting Harm, Affects Desert
The Irrelevance of Results
The Intuitive Appeal of the "Results Matter" Claim
"Results Matter" Quandaries
Free Will and Determinism Reprised
The Immateriality of Results and Ancestral Culpable Acts
The Immateriality of Results and Inchoate Crimes
Inculpatory Mistakes and the Puzzle of Legally Impossible Attempts
When Are Inchoate Crimes Culpable and Why?
Our Theory of Culpable Action
Some Qualifications and Further Applications
The Locus of Culpability
The Unit of Culpable Action
Culpability for Omissions
Acts, Omission, and Duration
Individuating Crimes
A Proposed Code
What a Culpability-Based Criminal Code Might Look Like
An Idealized Culpability-Based Criminal Code
From an Idealized Code to a Practical One: Implementing Our Theory in "the Real World"
Epilogue
Appendix
Bibliography
Index