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The Alleged Act Requirement in Criminal Law  

Douglas N. Husak

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter begins with some remarks about what it would mean for the criminal law to contain an act requirement, and then moves on to how this question, suitably clarified, might be ... More

Alternatives to Punishment  

Stephen P. Garvey

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter examines alternatives to punishment itself, not other forms of punishment. Those who say that people should end state punishment and replace it with something else are penal ... More

Attempts  

Andrew Ashworth

Print publication date:
Aug 2011
Online publication date:
Sep 2011
Criminal attempt is one of a small group of inchoate offenses that have an established place in most systems of criminal law. Full study of the law of attempts would lead into the depths ... More

Blackmail  

Mitchell N. Berman

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter presents an opinionated summary of the state of the literature. The first section clears ground by introducing distinctions, vocabulary, and simple hypotheticals, and also ... More

Capital Punishment  

Torbjörn Tännsjö

Print publication date:
Dec 2012
Online publication date:
Dec 2012
This chapter examines the issue of death in relation to capital punishment in homicide cases. It argues that there are indeed good reasons to adopt a death-penalty system for homicide ... More

Causation in the Criminal Law  

Michael Moore

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter notes that the law has a bafflingly large number of legal tests for causation. There is no universally accepted theory in the general part of the law of crimes. There are ... More

Causation in the Law  

Jane Stapleton

Print publication date:
Nov 2009
Online publication date:
Jan 2010
Previous accounts of ‘causation’ in the law are flawed by their failure to appreciate that causal language is used to express different information about the world. Because causal terms ... More

Criminalizing Expression: Hate Speech and Obscenity  

L. W. Sumner

Print publication date:
Aug 2011
Online publication date:
Sep 2011
Since many acts may be harmful, and since society has many other means for controlling or responding to conduct, criminal law should be used only when the harm caused or threatened is ... More

Culpability  

Larry Alexander

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter holds that the criminal law should necessarily be concerned with culpability. Two of its other working assumptions are: that criminal law should be primarily concerned with ... More

The Death Penalty and Deontology  

Carol Steiker

Print publication date:
Aug 2011
Online publication date:
Sep 2011
This chapter surveys the landscape of deontological or categorical objections to the practice of capital punishment. The sketch of the various possible approaches fills the vacuum left by ... More

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