Rethinking Criminal Law docx

[...]... Soviet Criminal Law: The General Part (eds M Gel'fer et al 1972) (in Russian) Soviet Criminal Law: The General Part (eds V Men'shagin et al 1974) (in Russian) Criminal Law: The Special Part (eds I Zagorodnikov & V Kirichenko 1968) (in Russian) Course in Soviet Criminal Law: The Special Part (ed M Shargorodsky 1973) (in Russian) L Lambert, Traite de droit pe"nal special (1968) W LaFave & A Scott, Criminal. .. volumes) J Hall, General Principles of Criminal Law (2d ed 1960) W Hawkins, Pleas of the Crown (1716) (2 volumes) O W Holmes, The Common Law (1881) H H Jescheck, Lehrbuch des Strafrechts: Allgemeiner Teil (2d ed 1972) Juristische Schulung Juristenzeitung Criminal Law: The General Part (eds H Belaev & M Shargorodsky 1968) (in Russian) Course in Soviet Criminal Law: The Criminal Offense (eds A Piontovsky,... manifest criminality, subjective criminality and of harmful consequences The thesis of the first five chapters is that the criminal law is a polycentric body of principles Each of the major patterns of liability must be appreciated on its own terms We must resist the temptation to reduce the criminal law to a single formula for determining when conduct ought to be treated as criminal It is only in the second... taken to be an ordering distinction of the law Not surprisingly, this emphasis on social control has inhibited refinement of the basic principles of criminal law The emphasis on interrelated instruments of social control calls into question the identity of criminal law as a distinct field of inquiry Another factor inhibiting study of the theoretical foundations of criminal liability is the progressive legitimation... Hart helped to stimulate this search, first, by limiting the principle of utility to the justification of the criminal law as a whole; and further, by demonstrating that the criminal law lends itself to rigorous philosophical analysis In more recent years, the search for justice in the criminal law has revived retribution as the rationale of punishment There is also growing concern that moral culpability... Official Draft 1962) Neue Juristische Wochenschrift H Packer, Limits ,,of the Criminal Sanction (1968) R Perkins, Criminal Law (2d ed 1969) S 1437, 95th Cong., 1st Sess (1977) W Prosser, Law of Torts (4th ed 1971) Reichsgesetzblatt (German session law prior to 1945) Decisions of the German Supreme Court (Reichsgericht) in Criminal Cases, 1880 to 1944 Decisions of the German Supreme Court (Reichsgericht)... G Stefani & G Levasseur, Droit Penal General (9th ed 1976) J F Stephen, History of the Criminal Law of England (1883) (3 volumes) The former German Criminal Code, in force from 1871 to 1975 German Criminal Code (current) German Code of Criminal Procedure G Stratenwerth, Strafrecht: Allgemeiner Teil I (2d ed 1976) Criminal code in force in a republic within the Soviet Union, cited to the particular republic;... Attribution Objectivity and Subjectivity in Criminal Theory §6.8.1 Utility and Objective Standards §6.8.2 Justice and Attribution Chapter Seven: The Structure of Wrongdoing §7.1 §7.2 §7.3 Xll Introduction The Problem of the Burden of Persuasion §7.2.1 The Private Law Style §7.2.2 The Private Law Style in Criminal Litigation The Revolt Against the Private Law Style §7.3.1 The Emergence of a Normative... of the German Supreme Court in Constitutional Cases (Bundesverfassungsgericht), 1952 to present California Jury Instructions: Criminal (3d ed 1970) E Coke, Third Institute (1644) First Report from His Majesty's Commissioners on Criminal Law, 26 Parliamentary Papers: Criminal Law (1834) M Foster, A Report of Some Proceedings of the Commission for the Trial of the Rebels in the Year 1746 in the County... the groundbreaking philosophical work of the last decade, the times may be right for a major commitment by many scholars to reworking and refining the substantive criminal law There are in fact urgent practical reasons for taking the criminal law seriously as a body of principles bearing on the just punishment of offenders The mood of the country has suddenly shifted against indeterminate sentencing Whatever .