PHIL41370 Philosophy of Criminal Law

Academic Year 2016/2017

This module starts with the basic philosophical questions: in the paradigm case, what does it mean for the judge to hold the defendant responsible for having committed an offence? In what ways can the defendant deny responsibility for the offence? On what basis does the jury make their decision about guilt? What sort of factors are mitigating and aggravating, and why? How exactly is the state justified in punishing the offender? This will involve a detailed examination of responsibility and excuses (esp. duress, provocation, self-defence, insanity), and at different kinds of mental state (intention, recklessness, negligence). We will also examine the important complexities and paradoxes surrounding conspiracy, complicity and collective responsibility. The module is designed for students of philosophy, political science and law. No prior knowledge of the law is required, but a familiarity with moral philosophy or political theory or legal theory (jurisprudence) is strongly recommended.