Judging Evil: Rethinking the Law of Murder and Manslaughter

By Samuel H. Pillsbury | Go to book overview
Contents
Preface: The Challenge of Criminal Responsibilityvii
Acknowledgmentsxiii
IDeserved Punishment
1A Question of Value3
A discussion of the two main philosophical approaches to criminal justice: justice determined according to moral value of the person versus justice determined by the consequences of punishment.
2The Value of Choice18
An argument for the moral importance of choice; why choice has meaning even if it comes from the unchosen influences of genetics and environment.
3Punishment as Defense of Value32
A theory of deserved punishment; how punishment is deserved according to the offender's choice to disregard another's human worth.
4Just Punishment in an Unjust Society47
How individuals may deserve punishment even in an unjust society; an exploration of the need for strong but independent systems of individual and social responsibility for violent crime.
5Moralizing the Passions of Punishment62
A defense of deserved punishment against the charge of cruelty and an exploration of the hazards of emotive influence on criminal decision making.

-v-

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Judging Evil: Rethinking the Law of Murder and Manslaughter
Table of contents

Table of contents

  • Judging Evil - Rethinking the Law of Murder and Manslaughter iii
  • Contents v
  • Preface the Challenge of Criminal Responsibility vii
  • Acknowledgments xiii
  • Part I - Deserved Punishment 1
  • 1: A Question of Value 3
  • 2: The Value of Choice 18
  • 3: Punishment as Defense of Value 32
  • 4: Just Punishment in an Unjust Society 47
  • 5: Moralizing the Passions of Punishment 62
  • Part II - Defining Murder and Manslaughter 77
  • 6: From Principles to Rules - An Introduction to Mens Rea 79
  • 7: The Worst Crime of All 98
  • 8: Crimes of Passion 125
  • 9: Crimes of Indifference 161
  • Appendix - Proposed Jury Instructions 189
  • Notes 197
  • Index 261
  • About the Author 264
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