Fundamentals of Criminal Law is definitely written for the unashamed criminal law geeks, myself included. It is an in-depth reading and analysis of criminal legal doctrine. In keeping with his interest in theory, Simester seeks to explore the philosophical underpinnings of the criminal legal categories of actus reus, mens rea, and defenses. To a certain extent, the book thus follows a classic structure of criminal law.

Penny Crofts, Criminal Law and Criminal Justice Books

The book illuminates the complex relationship between morality and criminal law-how moral norms and reasons are and should be mirrored by the law, how they sometimes should not reflect one another for good institutional reasons or the preservation of liberty.

Alex Sarch, University of Surrey, Ethics

Written by a noted expert in criminal law, the book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows the book to take more nuanced positions about many important controversies in criminal law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations. This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike.
Les mer
This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.
Les mer
Preface Acknowledgements Abbreviations Part I: Groundwork 1: Crime, Responsibility, Culpability, and Wrongdoing 2: Structure and Nomenclature 3: Five Functions, and Two Kinds, of Mens Rea Part II: Responsibility 4: Moral and Ascriptive Responsibilities 5: Causation 6: Why Not-doings are Special 7: Complicity 8: Moral Responsibility and Voluntariness 9: (Non-volitional) Action Part III: Culpability and Wrongdoing 10: Prolegomenon to Part III 11: A Pluralistic Theory of Culpability 12: Being Unreasonable 13: Strict and Constructive Liability 14: Outcome and other Luck 15: Distinguishing Intended from Advertent Action 16: On the Moral Distinction between Intention and Advertence 17: Distinguishing Defences 18: Unpacking Justifications 19: Unpacking Excuses: Hybrids and Mistakes
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Systematically explores how criminal law's major doctrines are grounded in deeper theoretical principles Integrates arguments about the scope of those doctrines with a coherent, multifaceted theory Explains the controversies about a wide range of legal doctrines, including causation, moral luck, necessity, negligence, omissions, and unknown/mistaken justifications
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After graduating from Auckland and Oxford, Andrew Simester started his academic career at Gonville and Caius College, Cambridge. He moved to the National University of Singapore in 2006 and, since 2015, concurrently holds the Edmund-Davies Chair in Criminal Law at King's College London. Professor Simester received an Honorary Doctorate from Uppsala University in 2019, awarded in recognition of his writings in criminal law and theory. He has published widely in these areas, and is also a lead author of two major treatises, Simester and Sullivan's Criminal Law in the UK and Principles of Criminal Law in New Zealand.
Les mer
Systematically explores how criminal law's major doctrines are grounded in deeper theoretical principles Integrates arguments about the scope of those doctrines with a coherent, multifaceted theory Explains the controversies about a wide range of legal doctrines, including causation, moral luck, necessity, negligence, omissions, and unknown/mistaken justifications
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Produktdetaljer

ISBN
9780198853145
Publisert
2021
Utgiver
Vendor
Oxford University Press
Vekt
934 gr
Høyde
240 mm
Bredde
160 mm
Dybde
34 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
536

Forfatter

Biographical note

After graduating from Auckland and Oxford, Andrew Simester started his academic career at Gonville and Caius College, Cambridge. He moved to the National University of Singapore in 2006 and, since 2015, concurrently holds the Edmund-Davies Chair in Criminal Law at King's College London. Professor Simester received an Honorary Doctorate from Uppsala University in 2019, awarded in recognition of his writings in criminal law and theory. He has published widely in these areas, and is also a lead author of two major treatises, Simester and Sullivan's Criminal Law in the UK and Principles of Criminal Law in New Zealand.