When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.

Guilty Acts, Guilty Minds (Studies in Penal Theory and Philosophy)

Politics & Social Sciences

Garvey, Stephen P.

Social Sciences

Oxford University Press

NO highlighting or writing. Spilled a little water on the book, so 2-3 pages are a bit wrinkly. Otherwise, in great condition.

Cases and Materials on Criminal Law (American Casebook Series)

Dressler, Joshua

Criminal Law

West Academic Publishing

As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, and outline starter and digital access to leading study aids in that subject and the Gilbert Law Dictionary. This popular casebook, through the selection of classic and modern cases, provides an excellent tool for teaching students the common law foundations of the criminal law and modern statutory reform, including the Model Penal Code. Along the way, the casebook considers modern controversies (e.g., "shaming" punishment, capital punishment, broadening sexual assault law, self-defense by battered women, euthanasia, the role of culture in determining culpability), and creatively uses literature (e.g., examining insanity through Edgar Allen Poe's The-Tell Tale Heart) and even "brain teasers" to confront (as the Preface states) "the Big Questions . . . that philosophers, theologians, scientists, and poets, as well as lawyers, have grappled with for centuries." The Seventh Edition, as in the past, includes new cases, as well as updates in the notes that bring current issues of criminal law to the fore.

Cases and Materials on Criminal Law, 7th – CasebookPlus (American Casebook Series)

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