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Vol 21 No 10 Oct/Nov 2016

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Philosophical Foundations of Criminal Law

Edited by: RA. Duff, Stuart Green

ISBN13: 9780199559152
Published: March 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00
Paperback edition , ISBN13 9780199673674



Despatched in 4 to 6 days.

25 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.

Subjects:
Jurisprudence
Contents:
1: R.A. Duff & Stuart Green: Introduction: Searching for Foundations
2: Malcolm Thorburn: Criminal Law as Public Law
3: Andrew Ashworth and Lucia Zedner: Just Prevention: Preventive Rationales and the Limits of the Criminal Law
4: Markus Dubber: Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law
5: Richard Dagger: Republicanism and the Foundations of Criminal Law
6: Matt Matravers: Political Theory and the Criminal Law
7: Alice Ristroph: Responsibility for the Criminal Law
8: R.A. Duff: To Whom Must We Answer? Responsibility and the Criminal Law
9: Nicola Lacey: The Resurgence of Character: Responsibility in the Context of Criminalization
10: Douglas Husak: The 'De Minimis' Defence to Criminal Liability
11: Larry Alexander and Kim Ferzan: Beyond the Special Part
12: Michael Moore: Intention as a Marker of Moral Culpability and Legal Punishability
13: Ken Simons: Understanding the topography of moral and criminal law norms
14: Victor Tadros: Wrongdoing and Motivation
15: Peter Westen: The Ontological Problem Of 'Risk' and 'Endangerment' in Criminal Law
16: Donald Dripps: The Substance-Procedure Relationship in Criminal Law
17: John Gardner and Francois Tanguay-Renaud: What Self-Defence and Punishment Share
18: Mireille Hildebrandt: Criminal Liability and 'Smart' Environments
19: Paul Roberts: Groundwork for a Jurisprudence of Criminal Procedure
20: Stuart Green: Just Desserts in Unjust Societies: A Case-specific Approach
21: Mitchell Berman: Two Kinds of Retributivism
22: Adil Haque: Criminal Law Theory Goes to War
23: Christopher Wellman: Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that Do Not Cross International Borders;

Series: Philosophical Foundations of Law

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Philosophical Foundations of Human Rights ISBN 9780199688630
Published April 2015
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£39.99
Philosophical Foundations of Contract Law ISBN 9780198713012
Published December 2014
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£75.00
Philosophical Foundations of Contract Law (eBook) ISBN 9780191022081
Published December 2014
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£62.50 + £12.50 VAT
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Philosophical Foundations of Fiduciary Law ISBN 9780198701729
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Philosophical Foundations of the Law of Torts
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ISBN 9780198701385
Published March 2014
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Philosophical Foundations of Discrimination Law ISBN 9780199664313
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£63.00
Philosophical Foundations of Property Law ISBN 9780199673582
Published November 2013
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£63.00
Philosophical Foundations of The Nature of Law ISBN 9780199675517
Published March 2013
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Philosophical Foundations of The Nature of Law (eBook) ISBN 9780191665622
Published March 2013
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£52.50 + £10.50 VAT
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Philosophical Foundations of Criminal Law ISBN 9780199673674
Published January 2013
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£29.99
Philosophical Foundations of Criminal Law (eBook) ISBN 9780191654701
Published January 2013
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£24.99 + £5.00 VAT
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Philosophical Foundations of Language in the Law ISBN 9780199673704
Published January 2013
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£24.49
Philosophical Foundations of EU Law ISBN 9780199588770
Published October 2012
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Philosophical Foundations of Language in the Law ISBN 9780199572380
Published June 2011
Oxford University Press
£56.00
Philosophical Foundations of Language in the Law (eBook) ISBN 9780191654756
Published June 2011
Oxford University Press
£19.16 + £3.83 VAT
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Philosophical Foundations of the Law of Unjust Enrichment ISBN 9780199567751
Published March 2009
Oxford University Press
£67.00