Gardner on the Philosophy of Criminal Law |
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Authors: | Husak Douglas |
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Affiliation: | * Professor of Philosophy and Law, Rutgers University. Email: husak{at}rci.rutgers.edu |
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Abstract: | Offences and Defences is an outstanding collection of elevenof John Gardner's previously published papers in the philosophyof criminal law. I briefly examine his views on five centralissues: his claims about basic responsibility and whether itshould be construed as relational; his positions on agent neutrality;his arguments about whether moral and criminal wrongs are typicallystrict; his thoughts about the structure of defences, and, finally,what his account of rape reveals about the content of the harmprinciple. |
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