The Philosophy of Criminal Law: Selected Essays

TitleThe Philosophy of Criminal Law: Selected Essays
Publication TypeBook
Year of Publication2010
AuthorsHusak, DN
PublisherOxford University Press
Abstract

Does criminal liability require an act? – Motive and criminal liability – The costs to criminal theory of supposing that intentions are irrelevant to permissibility – Transferred intent – The nature and justifiability of nonconsummate offenses – Strict liability, justice, and proportionality – The sequential principle of relative culpability – Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality – Rapes without rapists : consent and reasonable mistake – Mistake of law and culpability – On the supposed priority of justification to excuse – Partial defenses – The "but everybody does that!" defense – The de minimis "defense" to criminal liability – Why punish the deserving – Malum prohibitum and retributivism – Already punished enough.