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Vol 21 No 11 Nov/Dec 2016

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Philosophical Foundations of Criminal Law

Edited by: R. A. Duff, Stuart Green

ISBN13: 9780199673674
Published: January 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £29.99
Hardback edition , ISBN13 9780199559152



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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.

Subjects:
Criminal Law, Jurisprudence
Contents:
1. Introduction: Searching for Foundations

PART I: CRIMINAL LAW AND POLITICAL THEORY
2. Criminal Law as Public Law
3. Republicanism and the Foundations of Criminal Law
4. Political Theory and the Criminal Law
5. Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law
6. Responsibility for the Criminal Law
7. Responsibility, Citizenship, and Criminal Law

PART II: THE SUBSTANCE OF CRIMINAL LAW
8. The Resurgence of Character: Responsibility in the Context of Criminalization
9. Intention as a Marker of Moral Culpability and Legal Punishability
10. Wrongdoing and Motivation
11. Understanding the Topography of Moral and Criminal Law Norms
12. Beyond the Special Part
13. Just Prevention: Preventive Rationales and the Limits of the Criminal Law
14. The Ontological Problem of 'Risk' and 'Endangerment' in Criminal Law
15. The De Minimis 'Defence' to Criminal Liability
16. Just Deserts in Unjust Societies: A Case-specific Approach

PART III: PROCESS AND PUNISHMENT
17. Groundwork for a Jurisprudence of Criminal Procedure
18. The Substance-Procedure Relationship in Criminal Law
19. Two Kinds of Retributivism

PART IV: ACROSS THE BORDERS AND INTO THE FUTURE
20. Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that Do Not Cross International Borders
21. Criminal Law and Morality at War
22. Criminal Liability and 'Smart' Environments

Series: Philosophical Foundations of Law

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Philosophical Foundations of Contract Law ISBN 9780198713012
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Philosophical Foundations of Discrimination Law ISBN 9780199664313
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Philosophical Foundations of The Nature of Law ISBN 9780199675517
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Philosophical Foundations of Criminal Law (eBook) ISBN 9780191654701
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Philosophical Foundations of Language in the Law ISBN 9780199572380
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Philosophical Foundations of Criminal Law ISBN 9780199559152
Published March 2011
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Philosophical Foundations of the Law of Unjust Enrichment ISBN 9780199567751
Published March 2009
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