David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 1 (2):157-177 (2007)
In a rational system defences should interlock with the elements of the offence to ensure that conviction labels are differentiated according to the defendantâs degree of wrongdoing and culpability. The overall grading structure of criminal homicide, as represented in contemporary doctrine, goes some way to reflect this ethic. But the substance lacks precision and, in some key details, moral coherence. The recent Law Commission Consultation Paper, in a pragmatic and sensible attempt to rid the law and procedure of murder of the malign influence of the mandatory sentence, has unnecessarily compromised such structural coherence as it currently enjoys and which could properly form a satisfactory basis for reform already precise and morally coherent. This is evident both in relation to the abandonment of the attack based template for the fault element in murder, and also in the unwillingness to view the partial defences as affecting the wrong in homicide as opposed to the grade
|Keywords||Murder Structure of homicide Manslaughter Mandatory sentence Murder by attack Reckless indifference Intention Partial defences Murder by omission|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Melissa Lane & Ronald Dworkin (1994). Life's Dominion. Philosophical Quarterly 44 (176):413.
Alan R. White & J. Raz (1980). The Authority of Law. Philosophical Quarterly 30 (120):278.
Jeremy Horder (1994). Rethinking Non-Fatal Offences Against the Person. Oxford Journal of Legal Studies 14 (3):335-351.
Citations of this work BETA
No citations found.
Similar books and articles
Philip Pettit (2006). When to Defer to Majority Testimony – and When Not. Analysis 66 (291):179–187.
Clayton E. Cramer (1994). Ethical Problems of Mass Murder Coverage in the Mass Media. Journal of Mass Media Ethics 9 (1):26 – 42.
Graham Haydon (1999). 2. Right, Wrong and Murder. Journal of Philosophy of Education 33 (1):11–22.
Ori J. Herstein (2012). Defending the Right To Do Wrong. Law and Philosophy 31 (3):343-365.
Michael Cholbi (2006). Race, Capital Punishment, and the Cost of Murder. Philosophical Studies 127 (2):255 - 282.
Jim Stone (1995). Abortion as Murder?: A Response. Journal of Social Philosophy 26 (1):129-146.
Margaret Raymond, Stranger Than Fiction: A Review of 'Midnight Assassin' by Patricia L. Bryan and Thomas Wolf. [REVIEW]
Elizabeth Rapaport, Capital Murder and the Domestic Discount: A Study of Capital Domestic Murder in the Post Furman Era.
J. Jeremy Wisnewski (2007). Murder, Cannibalism, and Indirect Suicide. Philosophy in the Contemporary World 14 (1):11-21.
Robert Sullivan (2007). First Degree Murder and Complicity—Conditions for Parity of Culpability Between Principal and Accomplice. Criminal Law and Philosophy 1 (3):271-288.
Added to index2010-08-10
Total downloads40 ( #90,052 of 1,780,723 )
Recent downloads (6 months)3 ( #165,698 of 1,780,723 )
How can I increase my downloads?