Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

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Kimberly Kessler Ferzan, Stephen J. Morse
Oxford University Press, 2016 - Law - 446 pages
Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the
central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates.

Comprising of essays by leading scholars, this volume discusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi
Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism.
The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, Moore's views about the culpability of negligence,
and the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense as well as the intersection of the psychiatry, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and
Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.

 

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Contents

1 Editors Introduction
1
The Life and Work of Michael S Moore
5
3 Modest Retributivism
35
4 What Do Criminals Deserve?
49
5 Retributive Desert as Fair Play
63
6 The Wrong and the Free
79
7 Legal Moralism and Public Wrongs
95
8 Moore in Jeopardy Again
111
Tell Me Moore
219
16 Moore on the Mind
233
17 The Means Principle
251
Toward a Viable Deontology
265
19 Just No Damned Good
279
Michael S Moores Natural Law Theory of Interpretation
293
21 Metaphysical Realism and Legal Reasoning
311
22 Law and the Role of a Judge
323

9 Do We Need a Doctrine of Complicity?
125
Moore on Negligence
139
11 Putting and Keeping Proximate Cause in its Place
155
Metaphysics or Intuition?
171
13 The Moral Asymmetry Between Acts and Omissions
187
14 Moore and the Metaphysics of Causation
203

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About the author (2016)


Kimberly Kessler Ferzan, Harrison Robertson Professor of Law, Caddell and Chapham Professor of Law, University of Virginia Law School,Stephen J. Morse, Ferdinand Wakeman Hubbell Professor of Law and Professor of Psychology and Law in Psychiatry, University of Pennsylvania Law School and University
of Pennsylvania School of Medicine

Kimberly Kessler Ferzan is Harrison Robertson Professor of Law and Caddell and Chapman Professor of Law at the University of Virginia.


Stephen J. Morse, a lawyer and board-certified forensic psychologist, is Ferdinand Wakeman Hubell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director of the Center for Neuroscience & Society at the University of Pennsylvania.

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