Description
Book SynopsisThe book provides a novel theory of the criminal law that focuses, not on when it is appropriate to blame and make suffer an individual character, but on when it is legitimate to deprive a free agent of its liberty and on how it is possible to reconcile punishment with individual freedom.
Trade ReviewBrudner's effort is mind-blowing. Old ideas are expressed in new frameworks; familiar distinctions are drawn in different ways; existing doctrines receive novel formulations; principles that long have been taken for granted are subjected to fresh challenges Punishment and Freedom poses a deep challenge to just about everything we Anglo-American criminal theorists take for granted. * Douglas Husak, Rutgers University. Ethics 120.4 *
Alan Brudner has produced a rare and beautiful work of scholarship. He gives us nothing less than a comprehensive theory of the criminal law, with answers to almost all, if not all, the questions that commonly preoccupy its students. The scope of Brudner's study is breath-taking ...Hegel's work inspires Brudner's theory, but anyone can understand Brudner's theory without misunderstanding Hegel, though I suspect that the more one appreciates Hegel, the better one can appreciate Brudner...Brudner's theory of the criminal law is an intellectual delight, in which i hope every student of the criminal law will allow themselves to indulge. * Stephen P. Garvey, Professor of Law & Associate Dean for Academic Affairs, Cornell Law School, University of Toronto Law Journal *
Alan Brudner has produced a rare and beautiful work of scholarship. He gives us nothing less than a comprehensive theory of the criminal law, with answers to almost all, if not all, the questions that commonly preoccupy its students...Brudner's theory of the criminal law is an intellectual delight, in which I hope every student of the criminal law will allow themselves to indulge * Stephen P Garvey *
Table of ContentsIntroduction ; 1. Punishment ; 2. Culpable Mind ; 3. Culpable Action ; 4. Responsibility for Harm ; 5. Liability for Public Welfare Offences ; 6. Justification ; 7. Excuse ; 8. Detention After Acquittal ; 9. The Unity of the Penal Law ; Conclusion ; Bibliography ; Index
