Act and Crime: The Philosophy of Action and Its Implications for Criminal Law
In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused by bodily movements and nothing else. The theory is used to illuminate three major problems in drafting the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (in addition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides both legislators and judges (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
act requirement act-token act-types Actions and Events actor actus reus requirement Alvin Goldman answer argument Austin basic act basic actions belief Blockburger bodily movements causal causally complex Chapter complex descriptions conception conﬂict consequences courts crimes criminal law criminal-law culpability Davidson defendant defendant’s deﬁned deﬁnition desire distinction doctrine example exist fact ﬁnd ﬁne-grained ﬁnger ﬁre ﬁrst ﬁve human actions Ibid identiﬁed identity thesis individuation intention J. L. Austin jeopardy Jones justiﬁcation Law Review lesser included offence liability mens rea ment mental acts metaphysics Model Penal Code Moore moral wrong morally salient act-type motivated moving one’s multiple punishments Myles Brand natural kinds norms offence omissions partial identity person Philosophy philosophy of action police ofﬁcer problem prohibited properties propositional attitude prosecution question reason refer relevant scepticism sense shooting spatio-temporal statutes sufﬁcient supervenient Suppose theorists things tion type of act victim volitional theory volitions voluntary