Crime and Culpability

A Theory of Criminal Law

By: Larry Alexander, Kimberly Kessler Ferzan, Stephen J. Morse (Contribution by)

Write A Review

Paperback | 28 May 2009

At a Glance

Paperback
374 Pages

Dimensions(cm)
22.86 x 15.24 x 2.11

Paperback

RRP $55.95

$55.75

or 4 interest-free payments of $13.94 with

Ships in 5 to 7 business days

This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor"s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor"s desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors" conceptualization is put into practice.

Shipping

	Standard Shipping	Express Shipping
Metro postcodes:	$9.99	$14.95
Regional postcodes:	$9.99	$14.95
Rural postcodes:	$9.99	$14.95

Orders over $49.00 qualify for free shipping.

How to return your order

At Booktopia, we offer hassle-free returns in accordance with our returns policy. If you wish to return an item, please get in touch with Booktopia Customer Care.

Additional postage charges may be applicable.

Defective items

If there is a problem with any of the items received for your order then the Booktopia Customer Care team is ready to assist you.

For more info please visit our Help Centre.

You Can Find This Book In

Non-Fiction Law Laws of Specific Jurisdictions Criminal Law & Procedure Jurisprudence & General Issues Jurisprudence & Philosophy of Law Philosophy Social & Political Philosophy

Acknowledgments	p. xiii
Introduction: Retributivism and the Criminal Law
Criminal Law, Punishment, and Desert	p. 3
The Criminal Law and Preventing Harm	p. 4
Questions about Retributivism	p. 7
Conclusion	p. 17
The Culpable Choice
The Essence of Culpability: Acts Manifesting Insufficient Concern for the Legally Protected Interests of Others	p. 23
Unpacking Recklessness	p. 25
Folding Knowledge and Purpose into Recklessness	p. 31
A Unified Conception of Criminal Culpability	p. 41
Proxy Crimes	p. 66
Negligence	p. 69
Why Negligence Is Not Culpable	p. 70
Attempts at Narrowing the Reach of Negligence Liability	p. 71
The Strongest Counterexample to Our Position	p. 77
The Arbitrariness of the Reasonable-Person Test	p. 81
Defeaters of Culpability	p. 86
Justifications and Excuses: Reorienting the Debate	p. 88
Socially Justifying Reasons	p. 93
Excuses	p. 134
Mitigating Culpability	p. 162
The Culpable Act
Only Culpability, Not Resulting Harm, Affects Desert	p. 171
The Irrelevance of Results	p. 172
The Intuitive Appeal of the "Results Matter" Claim	p. 175
"Results Matter" Quandaries	p. 178
Free Will and Determinism Reprised	p. 188
The Immateriality of Results and Ancestral Culpable Acts	p. 191
The Immateriality of Results and Inchoate Crimes	p. 192
Inculpatory Mistakes and the Puzzle of Legally Impossible Attempts	p. 194
When Are Inchoate Crimes Culpable and Why?	p. 197
Our Theory of Culpable Action	p. 198
Some Qualifications and Further Applications	p. 216
The Locus of Culpability	p. 226
The Unit of Culpable Action	p. 228
Culpability for Omissions	p. 234
Acts, Omission, and Duration	p. 241
Individuating Crimes	p. 244
A Proposed Code
What a Culpability-Based Criminal Code Might Look Like	p. 263
An Idealized Culpability-Based Criminal Code	p. 264
From an Idealized Code to a Practical One: Implementing Our Theory in "the Real World"	p. 288
Epilogue	p. 325
Appendix	p. 327
Bibliography	p. 331
Index	p. 349
Table of Contents provided by Ingram. All Rights Reserved.

Crime and Culpability

A Theory of Criminal Law

At a Glance

Paperback

Shipping

How to return your order

Defective items

You Can Find This Book In

More in Criminal Law & Procedure

Rule of Lies

My Wild Ride Through Chaos, Corruption, and Murder in Putin's Russia

Julie Chan is Dead

'diabolically fun' Monika Kim

Australian Uniform Evidence Law

Criminal Laws

Materials and Commentary on Criminal Law and Process of New South Wales

Proof

4th Edition - How to Analyse Evidence in Preparation for Trial

Evidence Law in QLD, SA & WA

2nd Edition

Co-production in Youth Justice

Routledge International Handbook of Criminology and Affect

Routledge International Handbooks

Out of the Ashes

An utterly gripping, unputdownable crime thriller

Uniform Evidence Law 20th Edition - Book

A Case of Life and Limb

'A brilliant mystery' Daily Mail

Hayes & Eburn Criminal Law and Procedure in New South Wales, 8th edition (Paperback)

38 Londres Street

On Impunity, Pinochet in England, and a Nazi in Patagonia

Studies in International Criminal Law

Are Prisons Obsolete?

Open Media Series

Uniform Evidence Law

7th Edition - Commentary and Materials

Prosecuting

2nd Edition

Inside Out

An Incredible Friendship and Fight for Justice

Last Chance

A stunning all-action thriller from the legendary SUNDAY TIMES bestselling author

Expert Evidence

7th Edition

Criminal Law of Victoria NSW and SA

2nd Edition

The Lady Vanishes

The next bestselling Australian true crime book based on the popular podcast series, for fans of I CATCH KILLERS, THE TEACHER'S PET and DIRTY JOHN

Confessions and Guilty Pleas of Youth

Developmental Science and Practical Implications

A Case of Life and Limb

'As brilliant a cosy crime book as you will ever read' Janice Hallett

This product is categorised by