Freedom and Criminal Responsibility in American Legal Thought


Book Description

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.




Social Problems


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Criminal Responsibility and Social Constraint


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This book explores the relationship between criminal responsibility and social constraints. McConnell argues that a just system of punishment must take into account the constraints placed upon individuals by their social environment, and that criminal responsibility should be defined accordingly. Drawing on both legal and philosophical perspectives, McConnell offers a compelling case for a more nuanced approach to criminal responsibility. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.




The Book of Rural Life


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The Green Bag


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Includes index. 1 v.




The Assassination of William McKinley


Book Description

This book is an examination of the assassination of President William McKinley by Leon Czolgosz, an American-born purported anarchist. This work offers a new and different way to approach historical crime stories. Rather than accepting the idea that Czolgosz was inherently dangerous because of his ethnic background or his obscure political statements, Federman argues, rather, that political relations, historical events, and the developing discourses in the natural and social sciences toward normal and pathological behaviors structured the meaning of the assassination. Federman proposes there are six ways to view an assassin, each corresponding to a social science. Consequently, each chapter of this manuscript examines a social science and its relation to the assassination. Overall, there are three purposes to this work: One is to examine the rise of the social sciences at the time of the assassination. The second is to explore the historical and political understanding of political violence; and the third is to examine the meaning of legal responsibility.