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This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
This collection investigates the philosophical foundations of criminal responsibility and the moral justification for state-sanctioned punishment. H.L.A. Hart, a prominent legal philosopher, utilizes analytical jurisprudence to challenge traditional retributive models. He constructs a framework that connects the legal distinction between guilt and innocence to the rule of law, effectively navigating complex debates regarding free will and determinism.
What You Will Find
Scope Limits
Experts consistently identify this work as a foundational text in legal philosophy that remains relevant for contemporary criminal justice discourse. Readers frequently note the analytical rigor of Hart's prose, which balances academic depth with accessible argumentation for students and professionals alike.
Page Count:
329
Publication Date:
2008-01-01
Publisher:
OUP Oxford
ISBN-10:
0191021776
ISBN-13:
9780191021770
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