In this Book

  • Judging Evil: Rethinking the Law of Murder and Manslaughter
  • Book
  • Samuel Pillsbury
  • 1998
  • Published by: NYU Press
summary

Why do killers deserve punishment? How should the law decide?

These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. Using real case examples, he offers concrete proposals for legal reform, urging that modern preoccupations with subjective aspects of wrongdoing be replaced with rules that focus more on the individual's motives.

Table of Contents

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  1. Cover
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  1. Title Page, Copyright Page
  2. pp. i-iv
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  1. Contents
  2. pp. v-vi
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  1. Preface: The Challenge of Criminal Responsibility
  2. pp. vii-xii
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  1. Acknowledgments
  2. p. xiii
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  1. Part 1. Deserved Punishment
  1. 1. A Question of Value
  2. pp. 3-17
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  1. 2. The Value of Choice
  2. pp. 18-31
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  1. 3. Punishment as Defense of Value
  2. pp. 32-46
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  1. 4. Just Punishment in an Unjust Society
  2. pp. 47-61
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  1. 5. Moralizing the Passions of Punishment
  2. pp. 62-75
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  1. Part II. Defining Murder and Manslaughter
  1. 6. From Principles to Rules: An Introduction to Mens Rea
  2. pp. 79-97
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  1. 7. The Worst Crime of All
  2. pp. 98-124
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  1. 8. Crimes of Passion
  2. pp. 125-160
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  1. 9. Crimes of Indifference
  2. pp. 161-188
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  1. Appendix. Proposed Jury Instructions
  2. pp. 189-196
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  1. Notes
  2. pp. 197-259
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  1. Index
  2. pp. 261-263
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  1. About the Author
  2. p. 264
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