Placing blame: a general theory of the criminal law

Abstract

Introduction 1. A Theory of Criminal Law Theories PART ONE: THE THEORY OF CRIMINAL LAW'S FUNCTION 2. Closet Retributivism 3. The Moral Worth of Retribution 4. Justifying Retributivism PART TWO: THE THEORY OF THE GENERAL PART: THE THEORY OF RESPONSIBILITY A. The Nature of Moral Responsibility 5. The Independent Moral Significance of Wrongdoing B. The Elements of Responsibility: Wrongdoing and Culpability 1. The Nature of Wrongdoing a. the Nature of Human Action 6. Moore on Act and Crime b. The Nature of Causation 7. Causation, Rights-Violations, and Wrongdoing 8. Foreseeing Harm Opaquely 2. The Nature of Culpability a. The Nature of Mental States 9. Prima Facie Moral Culpability 10. Mind, Brain, and the Unconscious 11. Intentions and Mens Rea The Nature of Excuse 12. Causation and the Excusescuse 13. Choice, Character, and Excuse PART THREE: THE THEORY OF THE SPECIAL PART: THEORIES OF LEGISLATION AND OF WRONGFUL ACTION A. The Theory of Proper Legislative Aim 16. A Non-Exclusionary Theory of Legislative Aim: Taking Aim at Moral Wrongdoing B. The Theory of Moral Wrongfulness 17. Torture and the Balance of Evils C. The Theory of the Limits of Criminal Legislation 18. Liberty's Limits on Legislation

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