Criminal Law Conversations

Criminal Law Conversations

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Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law.show more

Product details

  • Hardback | 768 pages
  • 167.64 x 238.76 x 50.8mm | 1,202.01g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195391632
  • 9780195391633
  • 2,021,204

Review quote

"In this volume one can find both the cutting edge theoretical issues on criminal law and the thrusts and parries of the leading thinkers who have engaged those issues. Moreover, not only academics interested in criminal law, but students and practitioners as well, will find this to be a truly valuable resource." --Larry Alexander The University of Texas School of Law "Criminal Law Conversations is a bravura feat of intellectual entrepreneurship by Robinson, Ferzan and Garvey. It is a feast of interchange and provocation. Although I feel a bit sheepish about blurbing the book because I am an included author, the volume is indispensable reading for criminal law scholars." --Stephen Morse University of Pennsylvania Law School "The criminal law allocates huge amounts of public resources with no accountability for the resulting impacts on public well-being. These conversations should be helpful to anyone interested in assessing and, perhaps addressing, this archaic dysfunction." -- Michael Marcus Judge, Circuit Court, Multnomah County, Oregon "I had the honor to follow many of these conversations as they unfolded online. No orthodox collection of essays could have gathered such an extravagantly distinguished list of contributors, nor focused their minds so exactly on each other's concerns, nor included such an extraordinary range of perspectives, nor maintained such uniformly high standards throughout. This is a unique product of collective enterprise, and it provides an unsurpassed guide to contemporary criminal law scholarship." --John Gardner Professor of Jurisprudence, University of Oxford "Robinson, Garvey & Ferzan invent a brilliantly useful new format for an edited volume. They provide both a wonderful introduction to a comprehensive array of complex topics in criminal law, and also a place where the conversation between authors and commentators sharpens the cutting edge for understanding on those topics." --Richard McAdams The University of Chicago Law Schoolshow more

About Paul Robinson

Paul H. Robinson is Professor of Law at the University of Pennsylvania School of Law and most recently the author of Distributive Principles of Criminal Law (OUP, 2008). Stephen Garvey is Professor of Law at Cornell University School of Law. Kimberly Kessler Ferzan is Professor of Law at Rutgers University School of Law, Camden.show more

Table of contents

i. Principles ; Chapter 1. Decision Rules and Conduct Rules: On Acoustic Separation in Criminal Law ; Chapter 2. Empirical Desert ; Chapter 3. Defending Preventive Detention ; Chapter 4. The Economics of Crime Control ; Chapter 5. The Difficulties of Deterrence as a Distributive Principle ; Chapter 6. Why only the State may Inflict Criminal Sanctions: The Case Against Privately Inflicted Sanctions ; Chapter 7. Results Don't Matter ; Chapter 8. Post-Modern Meditations on Punishment: On the Limits of Reason and the Virtue of Randomization ; Chapter 9. Remorse, Apology, and Mercy ; Chapter 10. Interpretive Construction in the Substantive Criminal Law ; Chapter 11. Criminalization and Sharing Wrongs ; Chapter 12. Monstrous Offenders and the Search for Solidarity Through Modern Punishment ; ii. Doctrine ; Chapter 13. Against Negligence Liability ; Chapter 14. Rape Law Reform Based on Negotiation: Beyond the No and Yes Models ; Chapter 15. Provocation: Explaining and Justifying the Defense in Partial Excuse, Loss of Self-Control Terms ; Chapter 16. Objective Versus Subjective Justifi cation: A Case Study in Function and Form in Constructing a System of Criminal Law Theory ; Chapter 17. Self-Defense and the Psychotic Aggressor ; Chapter 18. Self-Defense Against Morally Innocent Threats ; Chapter 19. Self- Defense, Imminence, and the Battered Woman ; Chapter 20. Reasonable Provocation and Self-Defense: Recognizing the Distinction Between Act Reasonableness and Emotion Reasonableness ; Chapter 21. Against Control Tests for Criminal Responsibility ; Chapter 22. Abolition of the Insanity Defense ; Chapter 23. Entrapment and the "Free Market" for Crime ; iii. Administration ; Chapter 24. The Political Economy of Criminal Law and Procedure: The Pessimists' View ; Chapter 25. Against Jury Nullification ; Chapter 26. Race-Based Jury Nullification: Black Power in the Criminal Justice System ; Chapter 27. In Support of Restorative Justice ; Chapter 28. The Virtues of Offense/Offender Distinctions ; Chapter 29. The Heart has its Reasons: Examining the Strange Persistence of the American Death Penalty ; Chapter 30. Mercy's Decline and Administrative Law's Ascendance ; Chapter 31. Criminal Law Comes Homeshow more

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