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This study offers both a penetrating examination and assessment of the theory and principles that underlie contemporary Anglo-American substantive criminal law, and a critique of what the author perceives as basic inadequacies in the accepted orthodox theory of criminal law. Noted legal theorist Douglas N. Husak analyzes the reasoning behind the general principles of modern criminal law theory and demonstrates the relationship between criminal law theory and its contemporary practice. Husak's central argument is that the interpretation and application of the general principles of criminal liability presuppose a moral and political philosophy. He contends that most of the major criminal theorists in Anglo-American legal history (Austin, Holmes, Stephen, Hall, Williams, and others) have supposed that criminal theory can be empirical, scientific, and objective and have emphasized such concepts as action, harm, and causation, which seem amenable to empirical analyses, at the expense of moral and political philosophy. The author argues that revising criminal theory to include moral and political philosophy will make a greater contribution to justice in the principles and practice of criminal law.
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| $99.99 | Digital |
| WonderClub |
Nicholas Cahalane
reviewed Philosophy of criminal law on February 14, 2010
Philosophy of criminal law
Another great book by Maybury. Uncle Eric books should be required reading for high schoolers, if not middle schoolers. It still amazes me how much of this I didn't even learn in school way back when, and they are definitely not teaching this to kids nowadays.
I believe we'd be living in a much different world today if a strong grasp of Economics and the Justice System (and the history of each) were required in public schools.
***I was just reading some of the reviews on this book and although the reviewers thought the book was enlightening they complained the author was too opinionated. But what author isn't (including even those that are supposed to write facts in our history books)?
I would just like to add that the author adds a disclosure at the beginning of the book:
"For reasons I do not understand, writers today are supposed to be objective. Few disclose the viewpoints or opinions they use to decide what information is important and what is not, or what shall be presented or omitted.
I do not adhere to this standard and make no pretense of being objective. I am biased in favor of liberty, free markets, and international neutrality and proud of it. So I disclose my viewpoint, which you will find explained in detail in my other books..."
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