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Act and Crime Michael S. Moore

Act and Crime By Michael S. Moore

Act and Crime by Michael S. Moore


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Summary

This study looks at three of the most basic elements of criminal liability: when does a person act? When do his acts fall within the prohibitions of criminal law? And when do his acts overlap sufficiently that he may be prosecuted or punished only once for them?

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Act and Crime Summary

Act and Crime: The Philosophy of Action and Its Implications for Criminal Law by Michael S. Moore

This volume 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 nothing but volitionally caused bodily movements. The theory is used to illuminate three major problem areas: what the voluntary act requirement both does and should require; what complex descriptions of actions prohibited by criminal codes both do and should require (in addition to the doing of a voluntary act); 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 provides both legislators and judges (and the lawyers who argue to both) a grounding in three of the most basic elements of criminal liability. Other books by Michael Moore include Placing the Blame, Law and Psychiatry: Rethinking the Relationship and The Metaphysics of Judging.

Table of Contents

Introduction - criminal law's three conduct requirements. Part 1 Basic acts and the act requirement: the doctrinal unity of the act requirement; the orthodox view of the act requirement and its normative defence; the metaphysics of basic acts I - the existence of actions; the metaphysics of basics acts II - the identity of actions with bodily movements; the metaphysics of basic acts III - volitions as the essential source of actions. Part 2 Complex action descriptions and the actus reus requirement: the doctrinal basis of the actus reus requirement; unity in complex action description and in the actus reus requirement; the normative basis for the actus reus requirement; the metaphysiss of complex actions I - the dependence of complex actions on basic acts; the metaphysics of complex actions II - the identity of complex actions with basic acts. Part 3 The identity conditions of actions and the double-jeopardy requirement; the doctrinal and normative basis of the double-jeopardy requirement; legal, moral and metaphysical notions of the sameness of action-types; legal, moral and metaphysical notions of the sameness of act-tokens.

Additional information

CIN0198257910G
9780198257912
0198257910
Act and Crime: The Philosophy of Action and Its Implications for Criminal Law by Michael S. Moore
Used - Good
Hardback
Oxford University Press
19930901
426
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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