The Oxford Handbook of Philosophy of Criminal Law PDF Download

Author: Robert F. Schopp
Publisher: Cambridge University Press
ISBN: 052140150X
Category : Law
Languages : en
Pages : 291

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Book Description
This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do "on purpose" or if they "did not realize what they were doing." Although intuitive, this underlying idea can be highly controversial in practice, especially in cases involving the insanity defense. This important new book addresses the conceptual and moral foundations of these issues. Unlike many previous works in this area, it addresses the automatism and insanity defenses by examining the types of functional impairment that typical candidates for these defenses actually suffer. What emerges is a much wider conceptual framework that allows us to understand the significance of psychological states and processes for the attribution of criminal responsibility in a manner that is logically coherent, morally defensible, and consistent with research in psychopathology.

Author: John Deigh
Publisher: Oxford University Press
ISBN: 0195314859
Category : Law
Languages : en
Pages : 540

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Book Description
This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.

Author: Wouter Kusters
Publisher: MIT Press
ISBN: 0262044285
Category : Philosophy
Languages : en
Pages : 769

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Book Description
The philosophy of psychosis and the psychosis of philosophy: a philosopher draws on his experience of madness. In this book, philosopher and linguist Wouter Kusters examines the philosophy of psychosis—and the psychosis of philosophy. By analyzing the experience of psychosis in philosophical terms, Kusters not only emancipates the experience of the psychotic from medical classification, he also emancipates the philosopher from the narrowness of textbooks and academia, allowing philosophers to engage in real-life praxis, philosophy in vivo. Philosophy and madness—Kusters's preferred, non-medicalized term—coexist, one mirroring the other. Kusters draws on his own experience of madness—two episodes of psychosis, twenty years apart—as well as other first-person narratives of psychosis. Speculating about the maddening effect of certain words and thought, he argues, and demonstrates, that the steady flow of philosophical deliberation may sweep one into a full-blown acute psychotic episode. Indeed, a certain kind of philosophizing may result in confusion, paradoxes, unworldly insights, and circular frozenness reminiscent of madness. Psychosis presents itself to the psychotic as an inescapable truth and reality. Kusters evokes the mad person's philosophical or existential amazement at reality, thinking, time, and space, drawing on classic autobiographical accounts of psychoses by Antonin Artaud, Daniel Schreber, and others, as well as the work of phenomenological psychiatrists and psychologists and such phenomenologists as Edmund Husserl and Maurice Merleau-Ponty. He considers the philosophical mystic and the mystical philosopher, tracing the mad undercurrent in the Husserlian philosophy of time; visits the cloud castles of mystical madness, encountering LSD devotees, philosophers, theologians, and nihilists; and, falling to earth, finds anxiety, emptiness, delusions, and hallucinations. Madness and philosophy proceed and converge toward a single vanishing point.

Author: Arlie Loughnan
Publisher: Oxford University Press, USA
ISBN: 0199698597
Category : Law
Languages : en
Pages : 307

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Book Description
Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.

Author: Lawrie Reznek
Publisher: Routledge
ISBN: 1134705778
Category : Philosophy
Languages : en
Pages : 344

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Book Description
Lawrie Reznek addresses these questions and more in his controversial investigation of the insanity defense in Evil or Ill? Drawing from countless intriguing case examples, he aims to understand the concept of an excuse, and explains why the law excuses certain actions and not others. In his easily accessible and elegant style, he explains that in law, there exists two excuses derived from Aristotle: the excuses of ignorance and compulsion. Reznek, however proposes a third excuse - the excuse of character change. In introducing this third excuse, Reznek raises a controversial possibility - the abolition of the insanity defence.

Author: Michel Foucault
Publisher: Vintage
ISBN: 0307833100
Category : History
Languages : en
Pages : 320

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Book Description
Michel Foucault examines the archeology of madness in the West from 1500 to 1800 - from the late Middle Ages, when insanity was still considered part of everyday life and fools and lunatics walked the streets freely, to the time when such people began to be considered a threat, asylums were first built, and walls were erected between the "insane" and the rest of humanity.

Author: Bruce A. Arrigo
Publisher: University of Illinois Press
ISBN: 0252090411
Category : Social Science
Languages : en
Pages : 307

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Book Description
Philosophy, Crime, and Criminology represents the first systematic attempt to unpack the philosophical foundations of crime in Western culture. Utilizing the insights of ontology, epistemology, aesthetics, and ethics, contributors demonstrate how the reality of crime is informed by a number of implicit assumptions about the human condition and unstated values about civil society. Charting a provocative and original direction, editors Bruce A. Arrigo and Christopher R. Williams couple theoretically oriented chapters with those centered on application and case study. In doing so, they develop an insightful, sensible, and accessible approach for a philosophical criminology in step with the political and economic challenges of the twenty-first century. Revealing the ways in which philosophical conceits inform prevailing conceptions of crime, Philosophy, Crime, and Criminology is required reading for any serious student or scholar concerned with crime and its impact on society and in our lives.

Author: Andrei Marmor
Publisher: Routledge
ISBN: 1136344950
Category : Philosophy
Languages : en
Pages : 629

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Book Description
The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law’s relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world’s leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.

Author: Valentina Cardella
Publisher: Routledge
ISBN: 1000369196
Category : Psychology
Languages : en
Pages : 290

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Book Description
This book explores how the human mind works through the lens of psychological disorders, challenging many existing theoretical constructs, especially in the fields of psychology, psychiatry and philosophy of mind. Drawing on the expertise of leading academics, the book discusses how psychopathology can be used to inform our understanding of the human mind. The book argues that studying mental disorders can deepen the understanding of psychological mechanisms such as reasoning, emotions, and beliefs alongside fundamental philosophical questions, including the nature of the self, the universal aspects of morality, and the role of rationality and normativity in human nature. By crossing different domains, this book offers a fresh perspective on the human mind based on the dialogue between philosophy, cognitive science and clinical psychology. Mental disorders discussed include schizophrenia, anxiety disorders, major depression, obsessive-compulsive disorder, post-traumatic stress disorder and paranoia. This book caters to the increasing interest in interdisciplinary approach to solving some of the problems in psychopathology. Since this book treats psychological engagement with empirically informed philosophy of mind, this book is essential reading for students and researchers of cognitive psychology, clinical psychology, and philosophy, as well as being of interest to clinicians and psychiatrists.

Author: Chad Flanders
Publisher: Rowman & Littlefield
ISBN: 1783484152
Category : Philosophy
Languages : en
Pages : 284

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Book Description
There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.