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Oxford Journal of Legal Studies 2009 29(1):169-187; doi:10.1093/ojls/gqn032
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© The Author 2009. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Gardner on the Philosophy of Criminal Law{dagger}

Douglas Husak*

* Professor of Philosophy and Law, Rutgers University. Email: husak{at}rci.rutgers.edu


  Abstract

Offences and Defences is an outstanding collection of eleven of John Gardner's previously published papers in the philosophy of criminal law. I briefly examine his views on five central issues: his claims about basic responsibility and whether it should be construed as relational; his positions on agent neutrality; his arguments about whether moral and criminal wrongs are typically strict; his thoughts about the structure of defences, and, finally, what his account of rape reveals about the content of the harm principle.

{dagger} A review of John Gardner's Offences and Defences (OUP, Oxford, 2008).


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