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This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them.
This work investigates the foundational theory of action required to establish criminal liability within British and American legal systems. Michael S. Moore, a prominent legal philosopher, utilizes analytical philosophy to argue that human actions are fundamentally volitional body movements. He constructs a framework that bridges the gap between abstract philosophical concepts and the practical application of criminal statutes, providing a rigorous basis for understanding legal culpability.
What You Will Find
Legal scholars and practitioners recognize this text as a foundational contribution to the philosophy of criminal law. Readers frequently note the high level of academic density and the rigorous analytical approach employed throughout the chapters.
Page Count:
432
Publication Date:
1993-11-25
Publisher:
Oxford University Press
ISBN-10:
0198257910
ISBN-13:
9780198257912
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