Annotation Legal Blame sheds new light on how jurors try to do justice in the wake of accidents and reveals much about the overall psychology of jury decision making. Neal Feigenson, a professor of law, offers an illuminating framework for how jurors use their common sense, together with the law and the facts, to produce what the author refers to as "total justice." This book will appeal to lawyers, expert witnesses, practicing students, and academics, as well as anyone who is interested in learning about the psychology of legal persuasion.

This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.

This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Drawing on legal cases, legal debates, and fiction including works by James Fenimore Cooper, Mark Twain, Stephen Crane, and Charles Chesnutt, Nan Goodman investigates changing notions of responsibility and agency in nineteenth-century America. By looking at accidents and accident law in the industrializing society, Goodman shows how courts moved away from the doctrine of strict liability to a new notion of liability that emphasized fault and negligence. Shifting the Blame reveals the pervasive impact of this radically new theory of responsibility in understandings of industrial hazards, in manufacturing dangers, and in the stories that were told and retold about accidents. In exciting tales of the actions of "good Samaritans" or of sea, steamboat, or railroad accidents, features of risk that might otherwise escape our attention--such as the suddenness of impact, the encounter between strangers, and the debates over blame and responsibility--were reconstructed in a manner that revealed both imagined and actual solutions to one of the most difficult philosophical and social conflicts in the nineteenth-century United States. Through literary and legal stories of accidents, Goodman suggests, we learn a great deal about what Americans thought about blame, injury, and individual responsibility in one of the most formative periods of our history.