"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries.Evaluating a number of controversial cases involving euthanasia, sadomasochism, d...

For thirty years, lawyers, pundits, professors, and politicians had said that section 293 of the Criminal Code of Canadathe criminal prohibition of polygamywas unconstitutional, a Victorian anachronism that, in a modern rights-based democracy, deserved to be swept aside in the name of individual liberty and religious freedom. Polygamy per se, it was argued, was harmless. Beginning in 2009 in Vancouver, a small team of lawyers from the federal and provincial governments, along with a handf...

Death Penalty Cases presents significant verbatim excerpts of death-penalty decisions from the United States Supreme Court. The first chapter introduces the topics discussed throughout the book. It also includes a detailed history of the death penalty in the United States. After this introduction, the remaining eighteen chapters are divided into five parts: Foundational Cases, Death-Eligible Crimes and Persons, The Death Penalty Trial, Post-Conviction Review, and Execution Issues. The firs...

A recognized study by a philosophy professor and a law professor is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality. Part of the basic canon of law and philosophy, and much debated since first published by Stanford Press. Sometimes you have to break the law to make the law.

Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and structures of tort law are neutral and unbiased, free of considerations of gender and race.In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from t...

As a punishment for our most serious crime—the intentional killing of a victim in an egregious way—the death penalty naturally attracts opposing moral views. One view says that the state should never execute a criminal no matter what the crime may be. The other view requires execution as justice is sought for the victim. This book considers a third possible view: capital punishment should be judged by its pragmatic value to society. Does the prospect of possible execution save lives by det...

From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. These concepts all embody the fundamental value that government and private actions should not be demonstrably excessive relative to their moral and practical justifications. In the American legal system, despite frequent though unacknowledged use of proportionality...

Why do killers deserve punishment? How should the law decide?These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. Using real case examples, he offers concrete proposals for legal reform, urging that modern preoccupations...

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole...

This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.

Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons.

The death penalty has inspired controversy for centuries. Raising questions regarding capital punishment rather than answering them, Questioning Capital Punishment offers the footing needed to allow for more informed consideration and analysis of these controversies. Acker edits judicial decisions that have addressed constitutional challenges to capital punishment and its administration in the United States and uses complementary materials to offer historical, empirical, and norma...