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Action and Value in Criminal Law$
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Stephen Shute, John Gardner, and Jeremy Horder

Print publication date: 1993

Print ISBN-13: 9780198258063

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198258063.001.0001

Introduction: The Logic of Criminal Law

Chapter:
(p.1) Introduction: The Logic of Criminal Law
Source:
Action and Value in Criminal Law
Author(s):

STEPHEN SHUTE

JOHN GARDNER

JEREMY HORDER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198258063.003.0001

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

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