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Author: Leo Katz Publisher: University of Chicago Press ISBN: 9780226425917 Category : Philosophy Languages : en Pages : 351
Book Description
With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law. "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
Author: Leo Katz Publisher: University of Chicago Press ISBN: 9780226425917 Category : Philosophy Languages : en Pages : 351
Book Description
With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law. "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
Author: Leo Katz Publisher: University of Chicago Press ISBN: 022602797X Category : Law Languages : en Pages : 356
Book Description
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
Author: Stephen P. Garvey Publisher: Oxford University Press ISBN: 0190924349 Category : Law Languages : en Pages : 320
Book Description
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.
Author: K.L. Murphy Publisher: HarperCollins ISBN: 0062491628 Category : Fiction Languages : en Pages : 281
Book Description
Accused of murdering his psychiatrist, a broken man must face his horrific past in order to protect his future George Vandenberg is a drunk with a volatile temper, haunted by the memory of the young woman he once loved and tragically lost. Wrestling with his guilt and pushed by his psychiatrist to confess his role in her death, he teeters on the edge of a nervous breakdown, blacking out drunk more often than not. But when his doctor turns up dead, brutally stabbed to death in his office, George has nowhere left to turn. Stunned and confused, George emerges as the primary suspect in an investigation led by Detective Mike Cancini, a D.C. cop who knows all too well how far a man can go when he’s pushed. To prove his innocence, George must face the police, his manipulative wife, and the shell of a man he’s become. But as much as George wants to forget his history, the past is not done with him…
Author: Tami Hoag Publisher: Bantam ISBN: 0553902458 Category : Fiction Languages : en Pages : 562
Book Description
New York Times bestselling author Tami Hoag returns with a thriller that begins with a shocking crime scene you’ll never forget and follows two relentless detectives on a manhunt that ends in a chilling confrontation with the essence of human evil. It was a crime so brutal, it changed the lives of even the most hardened homicide cops. The Haas family murders left a scar on the community nothing can erase, but everyone agrees that convicting the killer, Karl Dahl, is a start. Only Judge Carey Moore seems to be standing in the way. Her ruling that Dahl’s prior criminal record is inadmissible raises a public outcry—and puts the judge in grave danger. When an unknown assailant attacks Judge Moore in a parking garage, two of Minneapolis’ s top cops are called upon to solve the crime and keep the judge from further harm. Detective Sam Kovac is as hard-boiled as they come, and his wisecracking partner, Nikki Liska, isn’t far behind. Neither one wants to be on this case, but when Karl Dahl escapes from custody, everything changes, and a seemingly straightforward case cartwheels out of control. The stakes go even higher when the judge is kidnapped—snatched out of her own bed even as the police sit outside, watching her house. Now Kovac and Liska must navigate through a maze of suspects that includes the stepson of a murder victim, a husband with a secret life, and a rogue cop looking for revenge where the justice system failed. With no time to spare, the detectives are pulled down a strange dark trail of smoke and mirrors, where no one is who they seem and everyone is guilty of Prior Bad Acts.
Author: Erin I. Kelly Publisher: Harvard University Press ISBN: 0674989414 Category : Philosophy Languages : en Pages : 216
Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.
Author: Stephen P. Garvey Publisher: Oxford University Press, USA ISBN: 0190924322 Category : Law Languages : en Pages : 335
Book Description
"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"--
Author: Matthew Lippman Publisher: SAGE ISBN: 1412981298 Category : Law Languages : en Pages : 657
Book Description
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
Author: Michael S. Moore Publisher: ISBN: 0199599505 Category : Criminal act Languages : en Pages : 433
Book Description
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.
Author: Leo Katz
Author: Leo Katz
Author: Leo Katz
Author: Stephen P. Garvey
Author: K.L. Murphy
Author: Tami Hoag
Author: Elizabeth Papp Kamali
Author: Erin I. Kelly
Author: Stephen P. Garvey
Author: Matthew Lippman
Author: Michael S. Moore