Chapter

Introduction: The Logic of Criminal Law

STEPHEN SHUTE, JOHN GARDNER and JEREMY HORDER

in Action and Value in Criminal Law

Published in print December 1993 | ISBN: 9780198258063
Published online March 2012 | e-ISBN: 9780191681783 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258063.003.0001
Introduction: The Logic of Criminal Law

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This introductory chapter first sets out the purpose of the book, which is to explore some of the philosophical foundations of criminal law. It then outlines the themes covered by the book including the relationship between ‘real crimes’ and ‘mere regulatory offences’; the size and shape of the ‘general part’ of criminal law; the relationship between substantive criminal law and the law of criminal evidence and procedure; the nature of criminal ‘wrongs’, criminal ‘harms’, and criminal ‘responsibility’; and the existence and importance of the criminal lawyer's distinction between actus reus and mens rea. An overview of the subsequent chapters is also presented.

Keywords: criminal law; philosophical foundations; punishment

Chapter.  9759 words. 

Subjects: Criminal Law

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