The ends of harm : the moral foundations of criminal law / Victor Tadros.
2011
K5018 .T33 2011 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
The ends of harm : the moral foundations of criminal law / Victor Tadros.
Published
New York : Oxford University Press, 2011.
Call Number
K5018 .T33 2011
ISBN
9780199554423 (hbk.)
0199554420 (hbk.)
0199554420 (hbk.)
Description
xii, 370 pages ; 24 cm.
System Control No.
(OCoLC)751721423
Bibliography, etc. Note
Includes bibliographical references (pages [361]-368) and indexes.
Series
Record Appears in
Gift
Purchased from the income of the Cardozo Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Cardozo Fund
Table of Contents
1.
Introduction
1
I.
The Problem of Punishment
1
II.
Philosophical Method
4
III.
An Outline of the Book
8
pt. I
The Aims of Punishment
2.
Justifying Punishment
21
I.
Intrinsic and Instrumental Value
23
II.
What is Retributivism?
25
III.
The Costs and Benefits of Punishment
28
IV.
Consequentialism and Non-Consequentialism
31
V.
The Immediate and the Deep Justifications of Punishment
34
Conclusions
39
3.
Recognition and Choice
41
I.
How Should Wrongdoers Feel?
44
II.
Duty and Choice
52
Conclusions
58
4.
Against Desert
60
I.
Free Will and Desert
61
II.
The Desert Basis
66
III.
Why Suffering Isn't Good
73
IV.
Desert and State Punishment
78
V.
Rights-Based Retributivism?
83
Conclusions
87
5.
The Limits of Communication
88
I.
The Aims of Communication
90
II.
From Communication to Punishment
99
Conclusions
109
pt. II
Means, Motivations, and Ends
6.
Defending the Means Principle
113
I.
Some Answers to the Trolley Problem
115
II.
The Limited Power of the Doctrine of Acts and Omissions
117
III.
Means and Status
122
IV.
The Limits of the Means Principle
127
Conclusions
137
7.
Wrongdoing and Motivation
139
I.
The Priority of Facts?
140
II.
Means and Motivations
145
III.
Means Without Motives
149
IV.
How Intentions are Relevant to Permissibility
155
V.
Should We Always Prevent Wrongdoing?
160
VI.
Motivation and the Structure of Wrongdoing
162
Conclusions
166
pt. III
Permissibility, Harm, and Self-Defence
8.
Choice, Responsibility, and Permissible Harm
169
Introduction
169
I.
Choice and Self-Defence
170
II.
Choice and Proportionality
175
III.
Causation, Entitlements, and Liabilities
181
IV.
Causation and Permissibility
186
Conclusions
196
9.
Conflicts and Permissibility
197
Introduction
197
I.
Isolating the Problem
198
II.
Why We Should (Typically) Reject Conflicts
202
III.
Acts, Omissions, and Agent Relativity
208
IV.
The Value of Conflicts
213
Conclusions
216
10.
Mistakes and Self-Defence
217
I.
Facts, Evidence, and Beliefs
217
II.
Averting Evidence-Relative Permissible Threats
228
III.
Averting Fact-Relative Permissible Threats
235
Conclusion
240
11.
Responsibility and Self-Defence
241
I.
Eliminative and Manipulative Harm
242
II.
Eliminating and Diverting
246
III.
Pre-Efforts and Post-Efforts
248
IV.
Responsibility and the Duty to Rescue
251
V.
Unblocking
256
Conclusions
260
pt. IV
Punishment and the Duties of Offenders
12.
Punishment and Duty
265
Introduction
265
I.
Elimination and Manipulation
266
II.
Responsibility and Harm
268
III.
Responsibility and the Duty to Protect
273
IV.
Punishment as Remedy for Breach
275
V.
Beyond Rectification
283
Conclusions
291
13.
State Punishment
293
I.
The Right of the State to Punish
294
II.
The Duty of the State to Punish
299
III.
The Exclusive Right of the State to Punish
302
IV.
Punishment and Organ Distribution
307
Conclusions
311
14.
Protection Against Punishment
312
I.
Consequentialist Approaches
313
II.
The Rule of Law
316
III.
Criminal Responsibility
318
IV.
Criminalization
320
V.
Procedural Protections
327
Conclusions
330
15.
Proportionate Punishment
331
I.
Two Conceptions of Proportionality
332
II.
The Subject Matter of Proportionality
334
III.
The Comparative Value of Punishment
338
IV.
The Punishment Cap
345
V.
Which Consequences are Relevant?
351
VI.
Rehabilitation and Paternalism
354
VII.
Is the Harm We Impose on Family Members Proportionate?
356
Conclusions
359
Bibliography
361
Subject Index
369
Index of Names
371
Index of (Mostly Hypothetical) Cases
372