The Philosophy of Criminal LawSelected Essays

The Philosophy of Criminal LawSelected Essays

Douglas Husak

Print publication date: 2010

ISBN: 9780199585038

Publisher: Oxford University Press

Abstract

Husak reprints 15 of his earlier essays in the philosophy of criminal law (and add two previously unpublished pieces) collected from philosophy journals, law reviews, and book chapters. These articles cover a broad range of topics about the nature of penal liability, criminal law culpability, defences, and the justification of punishment. Together, these essays present a desert-based analysis of issues in criminal theory that resist the consequentialist approach more familiar among legal scholars. The author's foremost concern is to ensure that the principles and doctrines of the criminal law preserve justice and do not sacrifice individuals for the common welfare. Although Husak draws equally from existing criminal law and contemporary moral and political philosophy, readers need neither a Ph.D. in philosophy nor a J.D. in law to understand and assess his essays.