H. L. A. Hart, Punishment and Responsibility: Essays in.
This chapter focuses on the place which the criminal law of most countries allocates to the idea of intention — as one of the principal determinants both of liability to punishment and of its severity. All civilized penal systems make liability to punishment for serious crime dependent not merely on the fact that the person to be punished has done the outward act of a crime, but on his.
H.L.A. Hart, English philosopher, teacher, and author who was the foremost legal philosopher and one of the leading political philosophers of the 20th century. Hart pursued his undergraduate education at the University of Oxford, and, after graduating in 1929, he went on to qualify as a barrister.
Despite its considerable fame and influence, Hart’s Punishment and Responsibility is not an especially innovative work. Still, it played a crucial role in the development of criminal law theory by integrating the received wisdom of the bien pensant utilitarian intelligentsia of mid-century Oxford into a coherent framework for future work. For several decades, much of criminal law theory.
Penal Communications: Recent Work in the Philosophy of Punishment'. Tonry 1996: 1-97. 1998a.'Principle and Contradiction in the Criminal Law: Motives and Criminal Liability'. Duff 1998c: 156-204. 1998b.'Law, Language and Community: Some Preconditions of Criminal Liability'. (REVIEW) R. A. Duff - 1996 - Oxford Journal of Legal Studies 18:189-206.
Within the English-speaking world, H.L.A. Hart (1907-1992) is regarded as the twentieth century's foremost legal philosopher. He revived the moribund discipline of jurisprudence, reorientating it.
About Responsibility in Law and Morality. Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart.
The Radical Orthodoxy of Hart’s Punishment and Responsibility Malcolm Thorburn 1. Introduction HLA Hart is indisputably the most important English-speaking legal philosopher of the twentieth.