Many controversies in American criminal law reflect the tension between older and newer conceptions of the purposes of punishment. The English common law of crimes enforced a royal peace by conditioning punishment on unauthorized force and harm to particular victims. The story of American criminal law has been the emergence of a more utilitarian conception of criminal offending as the imposition of risk or the violation of consent, combined with culpability. This conception is reflected in the Model Penal Code and many state codes. Yet understanding contemporary criminal law requires that we also remember the model of offending as trespass against sovereignty out of which it emerged. The Oxford Introductions to U.S. Law: Criminal Law reviews the development of American criminal law and explains its key concepts and persistent controversies in light of its history. These key concepts include retribution and prevention as purposes of punishment; the requirements of a criminal act and a culpable mental state; criteria of causal responsibility; modes of violating consent; inchoate offenses, including attempt and conspiracy; doctrines of participation in crime; and defenses of justification and excuse.

Criminal Law (Oxford Introductions to U.S. Law)

Binder, Guyora

Criminal Law

Oxford University Press

Literary Criticisms of Law

In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies. Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.

Literature & Fiction

Weisberg, Robert

History & Criticism

Princeton University Press

In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies. Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.

In Criminal Law: Cases and Materials, Sixth Edition, interesting, well-edited cases and notes address contemporary cutting-edge issues, while vivid excerpts evoke the social, political, and criminological context of criminal law. Features that have made this book distinctive through seven editions: <ul>
<li> exceptional authorship—the late John Kaplan was a legendary teacher and scholar, and Robert Weisberg and Guyora Binder continue to uphold his standard of excellence </li> <li> an interdisciplinary approach that fuels class discussion and enriches study </li> <li> clear instruction on statutory construction and element analysis </li> <li> well-edited cases, dynamic materials, lucid explanations and illuminating exercises </li> <li> a logical organization that starts with the purposes and limits of punishment and proceeds through the elements of a criminal offense, homicide offenses, justification and excuse, and the rules of attribution </li> <li> cutting-edge coverage of controversial social and legal issues </li> <li> in-depth treatment of the death penalty, rape, and other forms of sexual assault </li> </ul>
 The exciting Seventh Edition heralds a cavalcade of Supreme Court decisions: <ul>
<li> a special section on Blakely v. Washington and Booker v. United States—how the Supreme Court’s new Sixth Amendment jurisprudence has effected sentencing laws </li> <li> new cases deciding on cutting-edge issues, including: <ul>
<li> crimes of passion—the location and duration of constructive possession </li> <li> the mental elements of offenses—arising out statutes criminalizing material support for foreign terrorist organizations </li> <li> accomplice liability for felony murder (People v. Cavitt) </li> <li> the death penalty (Kansas v. Marsh and Roper v. Simmons) </li> <li> reasonable self-defense standards for subcommunities with distinctive cultures (Dixon v. United States) </li> <li> a defendant’s due process rights to an insanity defense (Clark v. Arizon) </li> <li> obstruction of justice laws in the corporate context (United States v. Arthur Andersen LLP) </li> </ul>
</li> </ul>
 Offering both the Model Penal Code and common-law doctrine in an interdisciplinary approach, Criminal Law: Cases and Materials, Sixth Edition, fuels class discussion and enriches your course.

Criminal Law: Cases and Materials

Kaplan, John

Aspen Law & Business

Felony Murder (Critical Perspectives on Crime and Law)

The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive―such as robbery, rape, or arson―aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.

Stanford Law Books

The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive―such as robbery, rape, or arson―aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.

Stanford University Press

Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes portability, meaningful feedback, and greater efficiency. Criminal Law: Cases and Materials has long been respected for its distinguished authorship. The late John Kaplan s extraordinary work continues with the scholarship of Robert Weisberg and Guyora Binder. Their renowned interdisciplinary approach fuels class discussion as it enriches study. Logically organized into six categories, the text addresses the purposes and limits of punishment and considers the meaning and types of crime. Well-edited cases, interesting materials, and clear notes combine with cutting-edge issues and important social questions, such as who and why we punish. Especially strong are the discussions on the death penalty, rape, and other forms of sexual assault as well as sentencing proportionality, possession crimes, and felony murder. Features: <ul>
<li>
Strong authorship <ul>
<li>The late John Kaplan, a storied teacher and scholar</li> <li>Weisberg and Binder, noted scholars in criminal law</li> </ul>
</li> <li>
Interdisciplinary approach <ul>
<li>fuels class discussion</li> <li>enriches study</li> </ul>
</li> <li>Well-edited cases, interesting materials, and clear notes</li> <li>
Logical organization <ul>
<li>six categories</li> <li>address the purposes and limits of punishment</li> <li>cover the meaning and types of crime</li> </ul>
</li> <li>
Cutting-edge issues of the law and important social questions , such as who and why we punish</li> <li>
Strong coverage of the death penalty, rape, and other forms of sexual assault</li> </ul>
CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples &amp; Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Criminal Law: Cases and Materials (Aspen Casebook Series)

Wolters Kluwer/Law & Business

Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes – portability, meaningful feedback, and greater efficiency. Criminal Law: Cases and Materials, Eighth Edition is written by a well-respected authorship team that provides comprehensive examination of criminal law under both the Model Penal Code and common law. Interspersed with thoughtful excerpts that provide social, political, and criminological background the black letter law, this casebook focuses on an interdisciplinary approach that provides a useful starting point for classroom discussion. The eighth edition has been updated to provide coverage of recent changes in the law, especially in the areas of sentencing and the Eighth Amendment, and includes notes and questions, making the book more useful for exam preparation. Features: <ul>
<li>Improvements in the Teacher’s Manual designed to make casebook accessible and useful for new professors</li> <li>Updated to provide coverage of recent changes in the law, especially in the areas of sentencing and the Eighth Amendment</li> <li>Updated notes and questions making book more useful for exam preparation</li> </ul>
CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples &amp; Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Criminal Law: Cases and Materials (Aspen Casebook)

Legal Education

Aspen Opco Llc

See the best price to sell, buy, or rent books by Binder, Guyora. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Binder, Guyora

See the best price to sell, buy, or rent books by Binder, Guyora. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Criminal Law (Oxford Introductions to U.S. Law)

Literary Criticisms of Law

Literary Criticisms of Law

Criminal Law: Cases and Materials

Felony Murder (Critical Perspectives on Crime and Law)

Felony Murder (Critical Perspectives on Crime and Law)

Criminal Law: Cases and Materials (Aspen Casebook Series)

Criminal Law: Cases and Materials (Aspen Casebook)