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圖書目錄

Introduction, 1
The Crime Problem: Theory and Evidence, 4
1.1 Why Is Crime Attractive?
Seductions and Repulsions of Crime, 7
Jack Katz
1.2 Facts
Facts a Theory of Crime Ought to Fit, 11
John Braithwaite
1.3 Explanations and Proposals
Causes of Violence, 15
John Monahan
Malign Neglect, 19
Michael Tonry
What to Do about Crime, 30
James Q. Wilson
Notes and Questions, 39
2 Crime and Punishment, 46
2.1 The Nature of Punishment and the Boundaries of the Criminal
Law
Punishment, 48
Kent Greenawalt
Notes and Questions, 51
An Economic Theory of the Criminal Law, 52
Richard Posner
Notes and Questions, 56
The Nature of a Theory of the Crirnirlal Law, 57
Michael S Moore
Notes and Questions, 62
2.2 The Moral Justifications for Punishment
2.2.1 Introduction
A Taxonomy of Purposes of Punishment, 64
Michael S. Moore
2.2.2 Utilitarianism
An Introduction to the Principles of Morals and Legislation, 70
Jeremy Bentham
Notes and Questions, 71
The Argument for Retributivism, 72
Michael S. Moore
Notes and Questions, 77
2.2.3 Retributivism
The Metaphysical Elements of Justice, 80
Immanuel Kant
Notes and Questions. 82
Persons and Punishment, 83
Herbert Morris
The Moral Worth of Retribution, 86
Michael S. Moore
Notes and Questions, 90
2.2.4 Humanitarian or Scientific Alternatives to Punishment:
The Rehabilitative Ideal
The Crime of Punishment, 98
Karl Menninger
Beyond Freedom and Dignity, 101
B. F. Skinner
The Humanitarian Theory of Punishment, 105
C. S. Lewis
Notes and Questions, 110
2.2.5 Attempts to Integrate the Divergent Theories of Punishment
Punishment and Responsibility, 114
H. L. A. Hart
Notes and Questions, 119
2.3 What to Punish
2.3.1 Getting at the Question and Its Possible Answers
Harm to Others, 121
Joel Feinberg
Notes and Questions, 127
2.3.2 The "Soft Harm" of Psychic or Moral Offense as a Justification
of Criminal Legislation
Offense to Others, 127
Joel Feinberg
Notes and Questions, 132
2.3.3 The Paternalistic Concern about Harm to the Actors Whose
Behavior Is l~ohibited
Paternalism, 133
Gerald Dworkin
Notes and Questions, 139
2.3.4 Using the Criminal Law to Punish or Prevent Moral
Wrongdoing
Harmless Wrongdoing, 140
Joel Feinberg
Notes and Questions, 150
A Theory of Criminal Law Theories, 152
Michael S. Moore
Notes and Questions, 154
3 Principal Liability, 155
3.1 Introduction
The Criminal Law and the Luck of the Draw, 157
Sanford H. Kadish
Notes and Questions, 161
The Independent Moral Significance of Wrongdoing, 162
Michael S. Moore
Notes and Questions, 168
3.2 Acts and Omissions
Crimes of Omission, 170
Leo Katz
Interfering, 174
Shelly Kagan
Notes and Questions, 178
Act and Crime, 179
Michael S. Moore
Notes and Questions, 185
3.3 Causation
Causation in the Law, 191
H. L. A. Hart and A. M. Honor6
Notes and Questions, 206
3.4 Legality
The Principle of Legality, 208
Michael S. Moore
Notes and Questions, 210
Legality, Vagueness, and the Construction of Penal Statutes, 211
John Jeffries
Notes and Questions, 215
3.5 Mental States
The Explanation of Human Action, 219
Alexander Rosenberg
H. L. A. Hart and the Doctrines of Mens Rea and Criminal
Responsibility, 230
Richard A.Wasserstrom
Notes and Questions, 238
4 The General Part: Accomplice, Attempt, and Conspiracy
Liability, 240
4.1 Accomplice Liability
Aid and Comfort, 240
Leo Katz
Complicity, Cause, and Blame: A Study in the Interpretation of
Doctrine, 242
Sanford H. Kadish
Notes and Questions, 254
The Theory of Derivative Liability, 255
George Fletcher
Notes and Questions, 259
4.2 Attempt Liability
Constructing a Theory of Impossible Attempts, 261
George Fletcher
Notes and Questions, 267
5 Justification and Excuse, 269
5.1 Distinguishing Justification and Excuse
The Perplexing Borders of Justification and Excuse, 270
Kent Greenawalt
Notes and Questions, 280
5.2 Justification: Defensive Force
Putative Self-Defense and Rules of Imputation in Defense of the
Battered Woman, 281
B. Sharon Byrd
Notes and Questions, 294
The Enterprise of Prevention and the Principle of Proportional
Response, 294
Larry Alexander
Notes and Questions, 299
5.3 Excuse Generally
Brain and Blame, 299
Stephen J. Morse
Convicting the Morally Blameless: Reassessing the Relationship
between Legal and Moral Accountability, 309
Peter AreneUa
Choice, Character, and Excuse, 315
Michael S. Moore
Notes and Questions, 326
5.4 Excuse: Duress
Duress as Justification, 329
Joshua Dressler
Notes and Questions, 333
5.5 Excuse: Mental Abnormality
The Abolition of the Special Defense of Insanity, 334
Norval Morris
Excusing the Crazy: The Insanity Defense Reconsidered, 341
Stephen J. Morse
The Idiom of "Involuntariness" and the Law, 347
Herbert Fingarette and Ann Fingarette Hasse
Conclusions about Addictions and Criminal Responsibility, 353
Herbert Fingarette and Ann Fingarette Hasse
Notes and Questions, 356
6 Sentencing Theory and Practice, 360
Sentencing Aims, Principles, and Policies, 362
Andrew Ashworth
Notes and Questions, 379
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