Freedom and Criminal Responsibility in American Legal Thought

Nonfiction, History, Americas, United States, 20th Century, Reference & Language, Law
Cover of the book Freedom and Criminal Responsibility in American Legal Thought by Thomas Andrew Green, Cambridge University Press
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Author: Thomas Andrew Green ISBN: 9781316053386
Publisher: Cambridge University Press Publication: October 27, 2014
Imprint: Cambridge University Press Language: English
Author: Thomas Andrew Green
ISBN: 9781316053386
Publisher: Cambridge University Press
Publication: October 27, 2014
Imprint: Cambridge University Press
Language: English

As the first full-length study of twentieth-century American legal academics wrestling with the problem of free will versus determinism in the context of criminal responsibility, this book deals with one of the most fundamental problems in criminal law. Thomas Andrew Green chronicles legal academic ideas from the Progressive Era critiques of free will-based (and generally retributive) theories of criminal responsibility to the midcentury acceptance of the idea of free will as necessary to a criminal law conceived of in practical moral-legal terms that need not accord with scientific fact to the late-in-century insistence on the compatibility of scientific determinism with moral and legal responsibility and with a modern version of the retributivism that the Progressives had attacked. Foregrounding scholars' language and ideas, Green invites readers to participate in reconstructing an aspect of the past that is central to attempts to work out bases for moral judgment, legal blame, and criminal punishment.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

As the first full-length study of twentieth-century American legal academics wrestling with the problem of free will versus determinism in the context of criminal responsibility, this book deals with one of the most fundamental problems in criminal law. Thomas Andrew Green chronicles legal academic ideas from the Progressive Era critiques of free will-based (and generally retributive) theories of criminal responsibility to the midcentury acceptance of the idea of free will as necessary to a criminal law conceived of in practical moral-legal terms that need not accord with scientific fact to the late-in-century insistence on the compatibility of scientific determinism with moral and legal responsibility and with a modern version of the retributivism that the Progressives had attacked. Foregrounding scholars' language and ideas, Green invites readers to participate in reconstructing an aspect of the past that is central to attempts to work out bases for moral judgment, legal blame, and criminal punishment.

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