Relocating Criminal Law

Subjects:
Criminal Law
Contents:
Introduction - perspectives on criminal law: doctrine
setting limits to criminal law - the ""harm"" thesis
attacks upon the doctrinal view from inside and outsde
sociolegal approaches
economics of criminal law
critical legal studies
broadening the discipline. Part 2 Arguing criminal law: the nature and significance of the appellate judicial process in criminal cases
readings of doctrinal decision making
systemic bias in construing prostitution statues
pairing arguments
concluding - what can a liberal judge do in criminal law? Part 3 Personhood and responsibility: the borderland of juridical personhood (i)
the borderland of juridical personhood (ii)
battered women who kill. Part 4 Privacy: the core idea
historical development - honour
historical development - privacy
why privacy now?
discriminating privacies
the significance of privacy in substantive English criminal law
the significance of privacy in procedural criminal law
the instrusiveness and duration of a violation of privacy
sexual privacy and ""sexual McCarthyism"". Part 5 Internationalization of criminal law: globalization, boundaries and offences
changing the political unit - the nation state and its successors
jurisdiction
The Sexual Offences (Conspiracy and Incitement) Act 1996
reacting to sexual tourism
extradition. Part 6 The market and the criminal law: the market
how a criminal law of markets might look
guaranteeing the unit of exchange
manipulation and exploitation of markets
geographical boundaries upon a market
unacceptable markets
the limits of commodification. Part 7 Drugs: history
unlawful dealing in drugs as a form of exploitation
responsibility of the various participants
decriminialization.

ISBN13: 9781855212688
ISBN: 1855212684
Published: October 2000
Publisher: Ashgate Publishing Ltd
Binding: Hardback
Price: £36.00

This work seeks, in a range of areas of law, to present a pragmatic, liberal view of the criminal law - to give historical accounts without falling into determinism, to engage in doctrinal analysis without regarding it as compelling, and to compare without comparison becoming competition.