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Crime, Reason and History
Many books seek to explain the general principles of the criminal law. Crime, Reason and History stands out and alone as a book that critically and concisely analyses these principles and comes up with a different viewpoint: that the law is shaped by social history and therefore systematically structured around conflicting elements. Updated extensively to include two new chapters on loss of control and self defence and with an extended treatment of offence and defence, this new edition combines challenging and sophisticated analysis with accessibility.
Dialectic and Difference
Dialectic and Difference is the first systematic exploration of Roy Bhaskar’s dialectical philosophy and its implications for ethics and justice. That philosophy has three aims: a dialecticisation of original critical realism, a ‘critical realisation’ of dialectic, and a metacritique of western philosophy. In the first, real absence or negativity links structured being to dialectical becoming in a dynamic world. The second draws on Marx to locate the critical impulse in Hegel’s dialectic in a material, open and changing totality. The third identifies a central problem in western philosophy from the Greeks on, the failure to think real negativity as the essence of change (‘ontologic...
Law & the Beautiful Soul
Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Traced historically, the conflicts he describes can be read today in law's treatment of legality and justice, judgment and responsibility. Joint winner of the Hart / Socio-Legal Studies Association Book Prize 2006.
Justice and the Slaughter Bench
In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law�s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (�law�s architectonic�). The later essays look at the complex underlying relation between law and ethics (�law�s constellation�). In Hegel�s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically �broken�. These essays cover such issues as criminal law�s �general part�, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law�s method, and its place in the social whole. The analysis of law�s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.
Law & the Beautiful Soul
Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Traced historically, the conflicts he describes can be read today in law's treatment of legality and justice, judgment and responsibility. Joint winner of the Hart / Socio-Legal Studies Association Book Prize 2006.
Punishment, Responsibility, and Justice
Punishment, Responsibility and Justice builds on Alan Norrie's previous work in the philosophy of punishment and criminal law to develop a challenging and ground-breaking critique of Kantian justice thinking. It casts a bold new light on recent debates about punishment and the criminal law ina period when traditional thinking has undergone opposition, crisis and change. The retributive and 'orthodox subjectivist' approaches, which have driven the textbook tradition and law reform for forty years, have been doubly challenged. A 'revisionist' critique opposes their Kantian insistence onformal individual autonomy from both a communitarian position on punishment and a 'morally substantive' view ...
Regulating Deviance
The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising 'new' terrorist offences and other transnational forms of criminality. 'Preventative' detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating 'deviant' behaviour.
Justice and the Slaughter Bench
7 Justice on the slaughter bench: the problem of war guilt in Arendt and Jaspers -- 8 Ethics and history: can critical lawyers talk of good and evil? -- 9 Law, ethics and socio-history: the case of freedom -- 10 Responsibility and the metaphysics of justice -- Bibliography -- Index
Critical Engagement
This book is an original case study of how memory has driven and challenged the Irish republican transition from armed conflict to constitutional politics that culminated in the acceptance of policing in the Northern Ireland state
