By Jules Coleman, Scott J. Shapiro
ISBN-10: 019927097X
ISBN-13: 9780199270972
One of many first volumes within the new sequence of prestigious Oxford Handbooks, The Oxford instruction manual of Jurisprudence and Philosophy of Law brings jointly specifically commissioned essays by way of twenty-seven of the key criminal theorists presently writing, to supply a country of the paintings evaluate of jurisprudential scholarship. every one writer provides an account of the contending perspectives and scholarly debates animating their box of enquiry in addition to surroundings the time table for additional learn. This landmark booklet can be crucial studying for an individual operating in felony idea and of curiosity to felony students in general, philosophers and criminal theorists searching for a fashion in to appreciate present jurisprudential pondering.
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Additional resources for The Oxford Handbook of Jurisprudence and Philosophy of Law
Example text
Classical natural law theory, in its contemporary forms, addresses these issues explicitly, and justifies the sharp distinction between criminal and civil law which is characteristic of modern legal systems but not of ancient or even medieval practice and theory. 90 The opportunity to use retributively justified punishments to deter and reform is only a bonus side-effect, and measures intended to deter and/or reform cannot rightly be more deleterious to the convicted offenders' interests than can be justified by retributive considerations.
Breach of duty is violation of right and ‘cause of action’. But equally, theories which put on the mantle of Aristotelian ‘corrective justice’ have failed to fill the gaps in Aristotle's account: its insufficient attention to the primary rights and duties which make wrongs identifiable as wrongs, and its neglect to explain just how breach of primary right warrants tort's normal judicial order of fully compensatory damages. 57) denouncing as anachronisms those features of the law unaccounted for—not shown to be justified, or shown to be unjustifiable—by their rival accounts.
That carrying out is typically—and in all cases that are within the proper scope of the criminal law—by bodily movements (though there are certainly acts, such as prayer or mental calculation, where there is no movement of the acting person). The criminal law thereby creates for itself—and for good reason—problems that do not arise in purely moral reflection, in which what is intended, generally (as end) and specifically (as means), is decisive for judgment more or less independently of what in fact happens or fails to happen as a result.