This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically.
This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically.
Douglas Husak is Distinguished Professor of Philosophy at Rutgers University. He is the author of over one-hundred scholarly articles and six books, most notably: The Philosophy of Criminal Law (Oxford, 2010), Overcriminalization (Oxford, 2008), and Drugs and Rights (1992). He has been a Visiting Professor at several law schools and philosophy departments and specializes in philosophical issues involving criminal law. He is the current Editor-in-Chief of Criminal Law and Philosophy and a past Editor-in-Chief of Law and Philosophy.
Inhaltsangabe
* ACKNOWLEDGMENTS * INTRODUCTION * CHAPTER ONE: METHODOLOGICAL ASSUMPTIONS: HOW TO APPROACH A PHILOSOPHICAL INQUIRY INTO THE TOPIC OF IGNORANCE OF LAW * A. The Basic Question * B. Critical Morality and the Criminal Law * C. Intuitions and their Limitations * CHAPTER TWO: EXISTING LAW, SCHOLARLY COMMENTARY, AND WHAT TO LEARN FROM IT * A. Selected Cases and Commentary * B. Notice * C. Fact and Law * D. The Structure of Exculpatory Claims: Ignorance as a Denial of Mens rea * CHAPTER THREE: RESPONSIBILITY * A. The Capacity for Responsibility * B. Responsibility for Conduct * C. Culpable Ignorance and a Duty to Inquire * CHAPTER FOUR: REFINEMENTS, QUALIFICATIONS, COMPLEXITIES * A. Knowledge of Wrongdoing * B. Hard Cases and Possible Exceptions * C. The Doubly Problematic Case of Mala Prohibita * D. Negligent Mistakes of Law * CHAPTER FIVE: THE REAL WORLD * A. Implementation and Practical Realities * B. Consequences and Compromises * BIBLIOGRAPHY * INDEX
* ACKNOWLEDGMENTS * INTRODUCTION * CHAPTER ONE: METHODOLOGICAL ASSUMPTIONS: HOW TO APPROACH A PHILOSOPHICAL INQUIRY INTO THE TOPIC OF IGNORANCE OF LAW * A. The Basic Question * B. Critical Morality and the Criminal Law * C. Intuitions and their Limitations * CHAPTER TWO: EXISTING LAW, SCHOLARLY COMMENTARY, AND WHAT TO LEARN FROM IT * A. Selected Cases and Commentary * B. Notice * C. Fact and Law * D. The Structure of Exculpatory Claims: Ignorance as a Denial of Mens rea * CHAPTER THREE: RESPONSIBILITY * A. The Capacity for Responsibility * B. Responsibility for Conduct * C. Culpable Ignorance and a Duty to Inquire * CHAPTER FOUR: REFINEMENTS, QUALIFICATIONS, COMPLEXITIES * A. Knowledge of Wrongdoing * B. Hard Cases and Possible Exceptions * C. The Doubly Problematic Case of Mala Prohibita * D. Negligent Mistakes of Law * CHAPTER FIVE: THE REAL WORLD * A. Implementation and Practical Realities * B. Consequences and Compromises * BIBLIOGRAPHY * INDEX
Es gelten unsere Allgemeinen Geschäftsbedingungen: www.buecher.de/agb
Impressum
www.buecher.de ist ein Shop der buecher.de GmbH & Co. KG Bürgermeister-Wegele-Str. 12, 86167 Augsburg Amtsgericht Augsburg HRA 13309
