Studies in jurisprudence and political theory 1982 essays in jurisprudence and philosophy 1983 festschrift. The radical orthodoxy of harts punishment and responsibility. Punishment and the elimination of responsibility 8. Hart, punishment and excusing conditions springerlink. Specific topics discussed include senses of responsibility, voluntariness, mills harm principle, mens rea, excuses, the hart wootton debate, and negligence. The decline of cause, judith jarvis thomson blame, punishment, and the role of result, richard parker. Mixed theories hold that punishment is just only if two conditions are met. Mar 06, 2008 this classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Most approaches to the definition of punishment tend to start with the socalled hartbennflew model mcpherson, 1967. Prolegomenon to the principles of punishment oxford. Reflections on corporate moral responsibility and the problem solving technique of alexander the great. Hart, the ascription of responsibility and rights, 49 proc. Hla harts punishment and responsibility john gardner at home.
Hart and the doctrines of mens rea and criminal responsibility richard a. Utilitarianism, punishment, and ideal proportionality in. Specific topics discussed include senses of responsibility, voluntariness, mills harm principle. Harts other primary substantive contribution, which i do not discuss here, was his analysis of legal cause. Harts punishment and responsibility is a collection of previously published philosophical essays on criminal law. Forty years on, its arguments are as powerful as ever. The problem of abortion and the doctrine of the double effect. Reprinted in hart, punishment and responsibility oxford, 1968. The radical orthodoxy of hart s punishment and responsibility. It shows that any morally tolerable account of this institution must exhibit it as a compromise between distinct and partly conflicting principles. There is a long tradition of mixed theories of punishment in the seventeenth century. Positivism and the notion of an offense claire finkelsteint yet lawabiding scholars write law is neither wrong nor right.
Mong peacetime exercises of state power, the most vivid and principally problematic is arguably the practice of punishment. Punishment and responsibility is still regarded as one of the cornerstones of both penal philosophy and the burgeoning field of criminal law theory in britain, australia, israel and north america. Essays in the philosophy of law by hart h l a for online ebook. Thirty pages of notes mostly new are appended at the end and contain the authors. Auden while the united states supreme court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the.
The essays focus upon harts work on causation in the law and on the justification of punishment. Essays in the philosophy of law, 2 edition herbert lionel adolphus hart, john gardner this classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Hart offers an alternative to retributive thinking about criminal punishment that. Hart s punishment and responsibility is a collection of previously published philosophical essays on criminal law. Hart study guide and get instant access to the following.
Hart s other primary substantive contribution, which i do not discuss here, was his analysis of legal cause. Harts philosophy of criminal law is helpfully contained in his i o o o collection punishment and responsibility. Why consider causation in the assessment of legal responsibility. This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility. The essays focus upon hart s work on causation in the law and on the justification of punishment. Hart and a great selection of related books, art and collectibles available now at. Herbert harts writings on the significance of responsibility for criminal punishment constitute one of the most important and impressive attempts to develop a principled argument for excusing conditions within the framework of a basically utilitarian justification of punishment. This chapter provides a framework for the discussion of the mounting perplexities which now surround the institution of criminal punishment.
This classic collection of essays, first published in 1968. First printing of harts famous hobhouse lecture in which he is rejecting many traditional theories regarding punishment and responsibility, such as that punishment should be retributive or denunciatory. Wasserstrom in both the english and the american legal systems, a persons liability to punishment is generally made dependent upon certain mental conditions in addition, of course, to the commission of certain proscribed acts, etc. Essays in the philosophy of law by hart h l a free pdf d0wnl0ad, audio books, books to read, good books to read, cheap books, good books, online books, books online, book. Hart s landmark contribution to the philosophy of criminal responsibility and punishment. A collection of essays discussing herbert hart s writings on responsibility. Prolegomenon to the principles of punishment oxford scholarship. This classic collection of essays, first published in 1968, represents h.
Punishment and responsibility essays in the philosophy of law h. First printing of hart s famous hobhouse lecture in which he is rejecting many traditional theories regarding punishment and responsibility, such as that punishment should be retributive or denunciatory. Mong peacetime exercises of state power, the most vivid and principally problematic is arguably the. A discussion of retribution as not only a matter of desert but of equal treatment under the law is provided in t. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. Hart, who distinguished the question of punishments general justifying aim i. Punishment and responsibility by hart h l a abebooks. For example, hart says in the course of a discussion of capital punishment. Hart published 1968 political science introduction 1. Some punishments are ruled out as too barbarous or horrible to be used whatever their social utility. Hart, john gardner this classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Hart this classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment.
Punishment and responsibility 1968 essays on bentham. It is inflicted only on those who are guilty of violating the law. A collection of essays discussing herbert harts writings on responsibility. Oup uncorrected proof firstproofs, thu may 08 2014. Political principles and community values, london, 1994, pp. Harts landmark contribution to the philosophy of criminal responsibility and punishment. Hart published two books on the subject, law, liberty and morality 1963 and the morality of the criminal law 1965. It has desirable consequences, such as the deterrence of crime. Oup uncorrected proof firstproofs, thu may 08 2014, newgen dd 279 582014 2. This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment.
Everyday low prices and free delivery on eligible orders. Faint fading and a few nicks to extremities of wrappers. Harts philosophy of criminal law is helpfully contained in his 1968 collection punishment and responsibility. Clearly the most influential essay in this volume is the first, prolegomenon to the principles of punishment, originally delivered as the presidential address to the aristotelian society in 1959.
Hart has well shown the way in which this view would increase the occasions for official interferences in our lives punishment and responsibility. A wider interest in criminal law, stimulated by rupert later professor sir rupert cross was signalled by his prolegomenon to the principles of punishment 1959. There are hints here and there in the text that point in this direction. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by john gardner, a leading contemporary criminal law theorist. Punishment and responsibility essays in the philosophy of law by h. Hart, punishment and responsibility, new york, 1968, pp.
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