Philosophical Foundations of Criminal Law

ISBN: 9780199673674 出版年：2011 页码：560 Oxford University Press

1. Introduction: Searching for Foundations PART I: CRIMINAL LAW AND POLITICAL THEORY 2. Criminal Law as Public Law 3. Republicanism and the Foundations of Criminal Law 4. Political Theory and the Criminal Law 5. Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law 6. Responsibility for the Criminal Law 7. Responsibility, Citizenship, and Criminal Law PART II: THE SUBSTANCE OF CRIMINAL LAW 8. The Resurgence of Character: Responsibility in the Context of Criminalization 9. Intention as a Marker of Moral Culpability and Legal Punishability 10. Wrongdoing and Motivation 11. Understanding the Topography of Moral and Criminal Law Norms 12. Beyond the Special Part 13. Just Prevention: Preventive Rationales and the Limits of the Criminal Law 14. The Ontological Problem of 'Risk' and 'Endangerment' in Criminal Law 15. The De Minimis 'Defence' to Criminal Liability 16. Just Deserts in Unjust Societies: A Case-specific Approach PART III: PROCESS AND PUNISHMENT 17. Groundwork for a Jurisprudence of Criminal Procedure 18. The Substance-Procedure Relationship in Criminal Law 19. Two Kinds of Retributivism PRAT IV: ACROSS THE BORDERS AND INTO THE FUTURE 20. Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that Do Not Cross International Borders 21. Criminal Law and Morality at War 22. Criminal Liability and 'Smart' Environments