Blame and punishment essays in the criminal law

Blame and punishment essays in the criminal law

in BLAME AND PUNISHMENT: ESSAYS IN THE CRIMINAL LAW 65 (); Joshua Dressier, Reflections on Excusing Wrongdoers: Moral Theory, New Excuses and the Model Penal Code, 19 RUTGERS L.J. , (); Stephen J. Morse, Culpability and Control, PENN Aug 26,  · Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal Blame and Punishment: Essays in the Criminal Law [Kadish, Sanford H.] on blogger.com *FREE* shipping on qualifying offers. Blame and Punishment: Essays in the Criminal LawCited by: 13

Blame And Punishment: Essays In The Criminal Law Sanford H. Kadish.

Blame and the Criminal Law. David LefkowitzUniversity of Richmond Follow. Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action——his reasons for acting as he did——while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action.

First, I argue that the purpose of a criminal trial can be plausibly construed as establishing that the defendant is morally blameworthy for criminal conduct by eliminating reasons to think she is not. Finally, I show that Shoemaker's claim that moral and criminal blame serve different functions rests on a blame and punishment essays in the criminal law of the nature of punishment with its proper function.

Lefkowitz, David. Ethics and Political Philosophy CommonsLaw and Philosophy Commons. Advanced Search. Home About FAQ My Account Accessibility Statement. Privacy Copyright. Skip to main content. UR Scholarship Repository. Home About FAQ My Account. Philosophy Faculty Publications. Title Blame and the Criminal Law, blame and punishment essays in the criminal law. Authors David LefkowitzUniversity of Richmond Follow. Abstract Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships.

Article first published online: 26 August DOI: Recommended Citation Lefkowitz, David. Find in your library. DOWNLOADS Since October 01, Included in Ethics and Political Philosophy CommonsLaw and Philosophy Commons. Search Enter search terms:. in this series in this repository across all repositories. Digital Commons.

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Philosophy of Criminal Law: Selected Essays - Oxford Scholarship

Forgiveness, Blame, and Punishment James Staihar University of Maryland Follow this and additional works at: blogger.com Part of the Criminal Law Commons, and the Law and Society Commons Recommended Citation James Staihar, Forgiveness, Blame, and Punishment, 35 Buff. Envtl. L.J. () Husak reprints 15 of his earlier essays in the philosophy of criminal law (and add two previously unpublished pieces) collected from philosophy journals, law reviews, and book chapters. These articles cover a broad range of topics about the nature of penal liability, criminal law culpability, defences, and the justification of punishment Aug 19,  · We should mend, not end, criminal law, and the chief change is that punishment should be act-focused. In particular, Kelly recommends a principle of "just harm reduction," which criminally prohibits citizens from wrongfully harming one another without necessarily blaming those