Criminal law theory

2011·0.2 MB·English

by  Brudner, Alan

UNIVERSITY OF TORONTO
FACULTY LAW
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CRIMINAL LAW THEORY
Alan Brudner
FACULTY OF LAW
UNIVERSITY OF TORONTO
These materials are reproduced solely for the use of students
in the Faculty of Law, University of Toronto
Digitized by the Internet Archive
in 2018 with funding from
University of Toronto
TO «SM
DEC ! 5 2010
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CRIMINAL LAW THEORY
Alan Brudner
FACULTY OF LAW
UNIVERSITY OF TORONTO
These materials are reproduced solely for the use of students
in the Faculty of Law, University of Toronto
2011
CRIMINAL LAW THEORY
I Punishment
Michael Moore, The Moral Worth of Retribution.1
Russ Shafer Landau, The Failure of Retribution.24
Mark Thornton, Against Retributivism.35
Alan Brudner, In Defence of Retributivism.44
H.L.A. Hart, Prolegomenon to the Principles of Punishment.51
II Culpable Mind
1. Why Mens Rea?
Michael Bayles, Character, Purpose and Criminal Responsibility.65
Michael Moore, Choice, Character, and Excuse.74
H.L.A. Hart, Punishment, and the Elimination of Responsibility.90
Alan Brudner, Subjective Fault for Crime.104
2. What Mens Rea?
H.L.A. Hart, Negligence, Mens Rea, and Criminal Responsibility.130
Antony Duff, Recklessness.142
Jeremy Horder, Gross Negligence and Criminal Culpability.163
Arthur Ripstein, Mistakes.177
Alan Brudner, Subjective Fault for Crime.194
III Wrongful Act
Michael Moore, Act and Crime...207
Douglas Husak, Does Criminal Liability Require an Act?.220
Alan Brudner, Punishment and Freedom.236
IV Results
1. Should Consequences Matter?
Andrew Ashworth, Sharpening the Subjective Element in Criminal Liability.251
Alan Brudner, Punishment and Freedom.257
2. Responsibility for Outcomes
H.LA. Hart, Punishment and Responsibility.264
Itzhak Kugler, Direct and Oblique Intention in the Criminal Law.276
Alan Brudner, Punishment and Freedom.284
V Mental Disorder
Antony Duff, Mental Disorder and Criminal Responsibility.292
Alan Brudner, Punishment and Freedom.301
VI Justification
George Fletcher, Rethinking Criminal Law.312
Paul Robinson, A Theory of Justification.318
Paul Robinson, Deeds and Reasons.345
Alan Brudner, Punishment and Freedom.359
Jeremy Horder, Self Defence, Necessity, and Duress.373
VII Excuse and Mitigation
Immanuel Kant, The Right of Necessity.396
George Fletcher, Rethinking Criminal Law.397
John Gardner, The Gist of Excuses.404
Alan Brudner, Punishment and Freedom.428
Jeremy Horder, Provocation and Responsibility, Chapter 8.433
Dennis Klimchuk, Outrage, Self-Control, and Culpability.448
VIII Strict Liability
A.P. Simester, Appraising Strict Liability.462
Alan Brudner, Imprisonment and Strict Liability.473