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Punishment, Communication, and Community
  • Language: en
  • Pages: 266

Punishment, Communication, and Community

  • Categories: Law

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal pu...

Answering for Crime
  • Language: en
  • Pages: 218

Answering for Crime

  • Categories: Law

In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as ...

The Realm of Criminal Law
  • Language: en
  • Pages: 478

The Realm of Criminal Law

  • Categories: Law

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...

The Boundaries of the Criminal Law
  • Language: en
  • Pages: 278

The Boundaries of the Criminal Law

  • Categories: Law

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
  • Language: en
  • Pages: 401

The Constitution of the Criminal Law

  • Categories: Law
  • Type: Book
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  • Published: 2013-01-31
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  • Publisher: OUP Oxford

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...

Philosophical Foundations of Criminal Law
  • Language: en
  • Pages: 560

Philosophical Foundations of Criminal Law

  • Categories: Law
  • Type: Book
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  • Published: 2013-01-24
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  • Publisher: OUP Oxford

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 abou...

Trials and Punishments
  • Language: en
  • Pages: 340

Trials and Punishments

  • Type: Book
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  • Published: 1986
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  • Publisher: CUP Archive

This book discusses whether a system of criminal punishment can be justified within our legal system.

Criminalization
  • Language: en
  • Pages: 337

Criminalization

  • Categories: Law
  • Type: Book
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  • Published: 2014
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  • Publisher: Unknown

The Criminalization series arose from an interdisciplinary investigation into criminalization, focusing 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...

Philosophy and the Criminal Law
  • Language: en
  • Pages: 273

Philosophy and the Criminal Law

  • Categories: Law

Five legal theorists discuss a range of questions on the nature of the philosophy of criminal law.

Criminal Law Reform Now, Volume 2
  • Language: en
  • Pages: 351

Criminal Law Reform Now, Volume 2

  • Categories: Law

If you could change one part of the criminal law, what would it be? Following the success of the 1st volume, the same question is put to a new selection of leading academics and practitioners. The first eight chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including corporate liability, consent to bodily harms, prostitution, domestic abuse, economic crimes, defendant anonymity, appeal court structures and the procedures of the Criminal Cases Review Commission. Each chapter is followed by a comment from a different author, providing an additional expert view on each proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, from the challenges of decriminalisation to exploring the systemic dynamics of centralisation, austerity and politicisation. The collection highlights and explores the current reform debates that matter most to legal experts, with each chapter making a positive case for change.