Legal, Moral, and Metaphysical Truths
The Philosophy of Michael S. Moore
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Product details:
- Publisher OUP Oxford
- Date of Publication 14 April 2016
- ISBN 9780198703242
- Binding Hardback
- No. of pages458 pages
- Size 250x182x32 mm
- Weight 982 g
- Language English 0
Categories
Short description:
Reviewing the work of legal philosopher Michael S. Moore, this volume examines how crimes ought to be defined, what justifies punishment, what moral commitments underlie the law, how our understanding of concepts such as causation impact law and morality, and how psychiatry and cognitive neuroscience relate to law.
MoreLong description:
Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates.
Comprised of essays by leading scholars, this volume discusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, and Moore's views about the culpability of negligence, as well as the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense, and also the intersection of psychiatry, psychology, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.
Table of Contents:
Editors' Introduction
Living With Genius: The Life and Work of Michael S. Moore
Modest Retributivism
What Do Criminals Deserve?
Retributive Desert as Fair Play
The Wrong and the Free
Legal Moralism and Public Wrongs
Moore in Jeopardy Again
Do We Need a Doctrine of Complicity?
Reluctant Pluralist: Moore on Negligence
Putting (and Keeping) Proximate Cause in its Place
Moore on Causation and Responsibility: Metaphysics or Intuition?
The Moral Asymmetry Between Acts and Omissions
Moore and the Metaphysics of Causation
Self Defense: Tell Me Moore
Moore on the Mind
The Means Principle
Moral Dilemmas and Moral Theory: Toward a Viable Deontology
"Just No Damned Good "
Conceptual Breakage and Reconstruction: Michael S. Moore's Natural Law Theory of Interpretation
Metaphysical Realism and Legal Reasoning
Law and the Role of a Judge
Responses and Appreciations
