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Felony Murder
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.
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 ...
Criminal Law
In 'Criminal Law', Guyora Binder reviews the development of American criminal law and explains its key concepts and persistent controversies in light of that history.
Criminal Law
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 in the Ninth Edition. This casebook’s renowned interdisciplinary approach fuels class discussion as it enrich...
Criminal Law
Concentrate Q & A Criminal Law offers unrivalled exam and coursework support for when you're aiming high. The new Concentrate Q & A series is the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. The result is a series that offers you better support and a greater chance to succeed on your law course than any of its rivals. This essential study guide contains a variety of model answers to give you the confidence to tackle any essay or problem question, and the skills you need to excel. *Knowing the right answer is a start, knowing how to structure it gets you the highest marks: annotated answers guide you step by step through the struc...
Treaty Conflict and Political Contradiction
One of the first books generated by the new and controversial movement in jurisprudence known as critical legal studies, this superbly written volume explores the problem of treaty conflict in international law: the legal consequences of inconsistent commitments by one nation to two or more others. The author uses this problem as a prism through which he focuses a number of major theoretical issues in international law and international relations. The result is a pathbreaking intellectual history of international law--one grounded in an account of the changing structure of international society and illustrated with a cogent analysis of recent events in the Middle East. Certain to stand as the definitive reference work on treaty conflict, Binder's work provides students and scholars of international relations with an illuminating survey of theories of the state and treaty in international jurisprudence.
Harm's Way
A field-defining study of the novel as a tragic form. Sandra Macpherson's groundbreaking study of the rise of the novel connects its form to developments in liability law across the seventeenth to nineteenth centuries. In particular, Macpherson argues for a connection to legal principles of strict liability that hold persons accountable for harms inflicted upon others in the absence of intention, consent, direct action, or foreknowledge. In convincing polemical readings of Defoe, Richardson, and Fielding, she shows that these laws share with the novel the view that the state of a person's mind is irrelevant to the question of her responsibility for her actions. Macpherson urges readers to rethink the ancient consensus that the novel differs from tragedy in its elevation of character over plot. She concludes that the realist novel is ultimately a tragic form, committed to holding persons accountable for accidents of fate. Macpherson's original insights continue to have a broad and lasting impact on the study of the novel.
Criminal Law
Selected pages from Criminal Law Cases and Materials, Eighth Edition by John Kaplan, Robert Weisberg and Guyora Binder. Instructor Materials by Kip Cornwell.
Crime Without Punishment
Explores different examples of unpunished homicides and what these tell us about the interaction of law and society.
Criminal Law
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