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FIRST VOLUME Part One: Foundations INTRODUCTION 0.1 From Law to Legal Studies 0.2 General Principles: A Quick History. ONE CRIMINAL THEORY 1.1 Three Points of Inculpation and Exculpation 1.2 Three Types of Criminal Law 1.2.1 Act-Based Criminal Law 1.2.2 Guilt-Based Criminal Law 1.2.3 Actor-Based Criminal Law 1.3 The Nature of Crime: Three Perspectives 1.3.1 Duty 1.3.2 Harm 1.3.3 Norms 1.4 Four Systems for Thinking About Offenses 1.4.1 The Bipartitite System 1.4.2 The Quadripartite System 1.4.3 The Tripartite System 1.4.4 The Holistic Response 1.5. Three American Schools 1.5.1 Law & Economics 1.5.2 Feminism 1.5.3 Philosophical Analysis TWO CRIMINAL LAW 2.1 Misleading Labels 2.1.1 Criminal Law and Penal Law 2.1.2 Two Senses of ¿Law¿ 2.2 Statutes and Codes 2.3 Case Law and Precedent 2.4 Scholars¿ Law 2.4.1 Commentary 2.4.2 Theoretical Generalization 2.5 Constitutional Law 2.6 International Criminal Law 2.7 Regional Criminal Law: Europe THREE LANGUAGE 3.1 Linguistic Diversity 3.1.1 Victims 3.1.1a Guilt in its Biblical Origins 3.1.1b The Duality of Victimhood 3.1.2 Blaming 3.2 The Distinctiveness of English 3.2.1 Fairness 3.2.2 Reasonableness 3.2.3 Deference 3.3 The Distinctiveness of Languages Other Than English 3.3.1 The Richness of German Terminology 3.3.2 The Concept of Law in Japanese and Chinese FOUR POLITICAL THEORY 4.1 The Relevant Categories 4.2 Libertarianism 4.3 Liberalism 4.4 Communitarianism 4.4.1 International Courts and Local Courts 4.4.2 Insiders and Outsiders 4.5 Perfectionism 4.6 The Political and the Moral 4.7 Legitimacy 4.7.1 Domestic Law 4.7.2 Legitimacy in International Law FIVE MORAL THEORY 5.1 The Concept of Morality 5.2 Utilitarianism 5.3 Kant¿s Deontological Morality 5.3.1 Human Dignity 5.3.2 The Value of Human Life 5.3.3 Equality 5.3.4 Retributive Punishment 5.3.5 Complexity and Misreading 5.4 Loyalty 5.4.1 Punishing Disloyalty 5.4.2 Loyalty as an Excuse 5.5 Desert 5.5.1 Desert and Equality Part Two: Toward a Comparative Synthesis SIX PUNISHMENT 6.0 Preamble to Part 2 6.1 The Nature of Punishment 6.1.1 The Philosophical Concept of Punishment 6.1.2 Personalized Theories of Punishment 6.1.3 Punishment and Self-Defense 6.1.4 Constitutional Concept of Punishment 6.2 The Rationale of Punishment 6.3 The Victim¿s Perspective in Punishment 6.4 The Universal Significance of Punishment SEVEN THE ACT REQUIREMENT 7.1 Person and Thing 7.1.1 Action as Bodily Movement 7.1.2 Free Will 7.1.3 A Communicative Theory of Action 7.2 Action and Its Opposites 7.2.1 Action as Opposed to Voluntary Action 7.2.2 Action as Opposed to Culpability 7.2.3 Action as Opposed to Consequences 7.2.4 Action as Opposed to Status 7.2.5 Act-Based as Opposed to Actor-Based Criminal Law EIGHT GUILT 8.1 The Vocabulary of Guilt 8.1.1 Innocence 8.1.2 Shame 8.2 Biblical Guilt 8.2.1 Guilt as Pollution 8.2.2 Guilt as Consciousness of Wrongdoing 8.3 The Psychological Theory of Guilt 8.3.1 Excuses 8.3.2 Levels of Negligence 8.3.3 Recklessness and Negligence 8.3.4 Free-Standing Culpability 8.4 The Normative Theory of Guilt 8.4.1 Explicit Recognition of the Normative Theory 8.4.2 Implicit Recognition of the Normative Theory 8.5. The Functional Theory of Guilt 8.6. Collective Guilt SELF-CRITICAL CONCLUSION GLOSSARY BIBLIOGRAPHY
Library of Congress Subject Headings for this publication:
Criminal law -- Philosophy.
International law.
Comparative law.
Law -- Language.