The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.

This reissue was first published in 1978. Anthony Kenny, one of the most distinguished philosophers in England, explores the notion of responsibility and the precise place of the mental element in criminal actions. Bringing the insights of recent philosophy of mind to bear on contemporary developments in criminal law, he writes with the general reader in mind, no specialist training in philosophy being necessary to appreciate his argument. Kenny shows that abstract distinctions drawn by analytic philosophers are relevant to decisions in matters of life and death, and illustrates the philosophical argument throughout by reference to actual legal cases. The topics he covers are of wide general interest and include: mens rea and mental health, strict liability, freedom and determinism, duress and necessity, intoxication and irresistible impulse, intention and purpose, murder and rape, punishment and deterrence, witchcraft and supernatural beliefs.

Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.