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The Structures Of The Criminal Law

Author: Lindsay Farmer
Publisher: Oxford University Press
ISBN: 0199644314
Size: 22.70 MB
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This volume is concerned with three structures of criminal law the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.

Philosophical Foundations Of Criminal Law

Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191654701
Size: 43.20 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.

The Boundaries Of The Criminal Law

Author: Antony Duff
Publisher: Oxford University Press
ISBN: 0199600554
Size: 34.63 MB
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This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.

The Constitution Of The Criminal Law

Author: R.A. Duff
Publisher: Oxford University Press
ISBN: 019967387X
Size: 77.89 MB
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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.


Author: R A Duff
Publisher: OUP Oxford
ISBN: 0191040983
Size: 45.13 MB
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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.

The Realm Of Criminal Law

Author: R. A Duff
Publisher: Oxford University Press
ISBN: 0191058580
Size: 30.87 MB
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We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.

The Structure And Limits Of Criminal Law

Author: PaulH. Robinson
Publisher: Routledge
ISBN: 1351540246
Size: 21.34 MB
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This volume brings together a collection of essays, many of them scholarly classics, which form part of the debates on three questions central to criminal law theory. The first of these questions is: what conduct should be necessary for criminal liability, and what sufficient? The answer to this question has wider implications for the debate about morality enforcement given the concern that the "harm principle" may have collapsed under its own weight. Secondly, essays address the question of what culpability should be necessary for criminal liability, and what sufficient? Here, the battles continue over whether the formulation of doctrines - such as the insanity defense, criminal negligence, strict liability, and others - should ignore or minimize the extent of an offender's blameworthiness in the name of effective crime-control. Or, are methods of accommodating the tension now in sight? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure. The structure grown by the common law process competes not only with that of modern comprehensive codifications, such as the America Law Institute's Model Penal Code, but also with alternative structures imagined but not yet tried.

Moral Und Recht Im Diskurs Der Moderne

Author: Günter Dux
Publisher: Springer-Verlag
ISBN: 3663108414
Size: 57.53 MB
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In diesem Band der Reihe wird das Verständnis von Moral und Recht von international anerkannten Experten der jeweiligen Fächer dargestellt. Dabei steht die historische Perspektive im Vordergrund. Durch die Beiträge des Buches soll ein neuer Diskurs zwischen den Geistes- und Sozialwissenschaften eröffnet werden.

Criminalization And Prisoners In Japan

Author: Elmer Hubert Johnson
Publisher: SIU Press
ISBN: 9780809321124
Size: 13.17 MB
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In his second book to deal with Japanese corrections, Elmer H. Johnson explores the cultural heritage and structure of the criminal justice administration that underlies Japan's reluctance to use imprisonment, which he first examined in Japanese Corrections: Managing Convicted Offenders in an Orderly Society. Here Johnson introduces the concept of criminalization, its implications, and its two versions that differentiate four of the six cohorts who have entered prison in increasing numbers in recent decades: yakuza (Japanese mafia), adult traffic offenders, women drug offenders, and juvenile drug and traffic offenders. Foreigners and elderly inmates, the other two cohorts, elude criminalization as groups but also have become prisoners in greater numbers for other reasons.

Mediating Principles

Author: Andrew von Hirsch
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783832919337
Size: 36.27 MB
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Der vorliegende Band dokumentiert die Beiträge zum Thema "Mediating Principles bei der Strafbegründung", die auf einer im Dezember 2004 organisierten Tagung auf dem Landgut Castelen bei Basel vorgetragen und diskutiert worden sind.