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Freedom and Criminal Responsibility in American Legal Thought
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As the first study on American legal academics wrestling with the problem of free will versus determinism in the twentieth century, this book deals with the most fundamental problem in criminal law. Thomas Andrew Green chronicles legal academic ideas from the Progressive Era critiques of free-will-based (and generally retributive) theories of criminal responsibility to the mid-century acceptance of the idea of free will as necessary to a criminal law conceived of in practical, moral-legal terms that needs not accord with scientific fact to the late-in-century insistence on the compatibility of scientific determinism with moral and legal responsibility and with a modern version of the retributivism that the Progressives had attacked. Green invites readers to participate in reconstructing an aspect of the past that is central to attempts to work out bases for moral judgement, legal blame and criminal punishment.
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