Action and Value in Criminal Law

Author: Stephen Shute
Published: June 1996
Publisher: Oxford University Press
ISBN: 0198260792
Paperback Book
Number of Pages: 328

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Study of the philosophical foundations of the criminal law has long been treated as an adjunct to the study of punishment. In this collection of specially commissioned essays, leading philosophers and criminal lawyers from the UK, USA, and Canada break with this tradition. Ranging across such central issues as moral luck, mistake, and mental illness, Action and Value in Criminal Law aims to reorientate the study of criminal law. Whilst retrieving valuable material from traditional criminal law classifications, the contributors break down false associations, reveal hidden truths, and establish new patterns of thought. Their conclusions are sometimes startling and always illuminating, making them essential reading for scholars and advanced students of criminal law and legal and moral philosophy.

Table of Contents
List of Contributors
Introduction: The Logic of Criminal Law 1
Agency and Welfare in the Penal Law 21
On What's Intentionally Done 55
Acting, Trying, and Criminal Liability 75
Taking the Consequences 107
Foreseeing Harm Opaquely 125
Culpability and Mistake of Law 157
The Nature of Justification 175
Should the Criminal Law Abandon the Actus Reus-Mens Rea Distinction? 187
Subjectivism and Objectivism: Towards Synthesis 213
Diminished Capacity 239
Value, Action, Mental Illness, and the Law 279
Index of Subjects 311
Index of Names 313

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