Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

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Overview

Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprised of essays by leading scholars, this volume discusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, and Moore's views about the culpability of negligence, as well as the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense, and also the intersection of psychiatry, psychology, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.

Product Details

ISBN-13: 9780191008979
Publisher: OUP Oxford
Publication date: 04/14/2016
Sold by: Barnes & Noble
Format: eBook
Pages: 490
File size: 802 KB

About the Author

Kimberly Kessler Ferzan is Harrison Robertson Professor of Law and Caddell and Chapman Professor of Law at the University of Virginia. Stephen J. Morse, a lawyer and board-certified forensic psychologist, is Ferdinand Wakeman Hubell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director of the Center for Neuroscience&Society at the University of Pennsylvania.

Table of Contents

1. Editors' Introduction, Kimberly Kessler Ferzan and Stephen J. Morse
2. Living With Genius: The Life and Work of Michael S. Moore, Heidi M. Hurd
3. Modest Retributivism, Mitchell N. Berman
4. What Do Criminals Deserve?, Douglas Husak
5. Retributive Desert as Fair Play, Peter Westen
6. The Wrong and the Free, Victor Tadros
7. Legal Moralism and Public Wrongs, R A Duff
8. Moore in Jeopardy Again, Gideon Yaffe
9. Do We Need a Doctrine of Complicity?, Leo Katz
10. Reluctant Pluralist: Moore on Negligence, Kenneth W. Simons
11. Putting (and Keeping) Proximate Cause in its Place, John Oberdiek
12. Moore on Causation and Responsibility: Metaphysics or Intuition?, Richard W. Wright
13. The Moral Asymmetry Between Acts and Omissions, Horacio Spector
14. Moore and the Metaphysics of Causation, Richard Fumerton
15. Self Defense: Tell Me Moore, Kimberly Kessler Ferzan
16. Moore on the Mind, Stephen J. Morse
17. The Means Principle, Larry Alexander
18. Moral Dilemmas and Moral Theory: Toward a Viable Deontology, Phillip Montague
19. "Just No Damned Good", Jeremy Waldron
20. Conceptual Breakage and Reconstruction: Michael S. Moore's Natural Law Theory of Interpretation, Michael H. Shapiro
21. Metaphysical Realism and Legal Reasoning, Brian H. Bix
22. Law and the Role of a Judge, Leslie Green
23. Responses and Appreciations, Michael S. Moore
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