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The Police Power

Author: Markus Dirk Dubber
Publisher: Columbia University Press
ISBN: 0231506953
Size: 69.58 MB
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-- Mariana Valverde, University of Toronto, author of Law's Dream of a Common Knowledge

Philosophical Foundations Of Criminal Law

Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191654698
Size: 70.67 MB
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Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

Preventive Justice

Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021059
Size: 63.75 MB
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This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Foundational Texts In Modern Criminal Law

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654620
Size: 43.55 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Taming Passion For The Public Good

Author: Mark E. Kann
Publisher: NYU Press
ISBN: 0814764673
Size: 25.24 MB
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“Kann's latest tour de force explores the ambivalence, during the founding of our nation, about whether political freedom should augur sexual freedom. Tracing the roots of patriarchal sexual repression back to revolutionary America, Kann asks highly contemporary questions about the boundaries between public and private life, suggesting, provocatively, that political and sexual freedom should go hand in hand. This is a must-read for those interested in the interwining of politics, public life, and sexuality.”—Ben Agger, University of Texas at Arlington The American Revolution was fought in the name of liberty. In popular imagination, the Revolution stands for the triumph of populism and the death of patriarchal elites. But this is not the case, argues Mark E. Kann. Rather, in the aftermath of the Revolution, America developed a society and system of laws that kept patriarchal authority alive and well—especially when it came to the sex lives of citizens. In Taming Passion for the Public Good, Kann contends that that despite the rhetoric of classical liberalism, the founding generation did not trust ordinary citizens with extensive liberty. Through the policing of sex, elites sought to maintain control of individuals' private lives, ensuring that citizens would be productive, moral, and orderly in the new nation. New American elites applauded traditional marriages in which men were the public face of the family and women managed the home. They frowned on interracial and interclass sexual unions. They saw masturbation as evidence of a lack of self-control over one’s passions, and they considered prostitution the result of aggressive female sexuality. Both were punishable offenses. By seeking to police sex, elites were able to keep alive what Kann calls a “resilient patriarchy.” Under the guise of paternalism, they were able simultaneously to retain social control while espousing liberal principles, with the goal of ultimately molding the country into the new American ideal: a moral and orderly citizenry that voluntarily did what was best for the public good.

The New Police Science

Author: Markus Dirk Dubber
Publisher: Stanford University Press
ISBN: 9780804753920
Size: 11.81 MB
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This interdisciplinary and international volume provides a critical analysis of the power to police as a basic technology of modern government found in a vast array of sites of governance, including not only the state, but also the household, the factory, the military, and—most recently—the global realm of war, police actions, and peace keeping.

The Handbook Of Comparative Criminal Law

Author: Kevin Jon Heller
Publisher: Stanford University Press
ISBN: 9780804777292
Size: 25.97 MB
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This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.

Faith And Law

Author: Robert F. Cochran
Publisher: NYU Press
ISBN: 0814716725
Size: 54.99 MB
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What does it mean to be a Jewish woman today? To an Orthodox woman, it means living a religious way of life in which serving God totally defines her self-perception and her role as wife and mother. For the secular woman, it means having a sense of belonging, although not necessarily to a specific Jewish community. Most contemporary Jewish women fall somewhere in between, but at the core of all of their identities is a complex interweaving of religious and ethnic elements, a shared history, and a collective memory of periods of prejudice, persecution, wandering, and resettlement. Focusing on Jewish women in the United States and Britain, Adrienne Baker examines such issues as women's role in religious law, the spectrum of synagogue observance, the mother's role as conveyor of tradition, conversion and inter- faith marriages, and sexuality. In particular, the book examines the impact of feminism on Jewish women and their culture, uncovering the counterinfluences of tradition and new freedoms on women's lives.

Caring Democracy

Author: Joan C. Tronto
Publisher: NYU Press
ISBN: 0814782779
Size: 17.55 MB
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Americans now face a caring deficit: there are simply too many demands on people’s time for us to care adequately for our children, elderly people, and ourselves.At the same time, political involvement in the United States is at an all-time low, and although political life should help us to care better, people see caring as unsupported by public life and deem the concerns of politics as remote from their lives. Caring Democracy argues that we need to rethink American democracy, as well as our fundamental values and commitments, from a caring perspective. The idea that production and economic life are the most important political and human concerns ignores the reality that caring, for ourselves and others, should be the highest value that shapes how we view the economy, politics, and institutions such as schools and the family. Care is at the center of our human lives, but Tronto argues it is currently too far removed from the concerns of politics. Caring Democracy traces the reasons for this disconnection and argues for the need to make care, not economics, the central concern of democratic political life. Joan C. Tronto is a Professor in the Political Science Department at the University of Minnesota. She is the author of Moral Boundaries: A Political Argument for an Ethic of Care (Routledge).

Rethinking Criminal Law Theory

Author: Francois Tanguay-Renaud
Publisher: Bloomsbury Publishing
ISBN: 1847319033
Size: 38.11 MB
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In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University