Criminalization: The Political Morality of the Criminal Law

Hardcover | January 4, 2015

EditorR.A. Duff, Lindsay Farmer, S.E. Marshall

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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing 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 ofcriminalization, 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 ofoffences?The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism,or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal lawgrounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.

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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing 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 ofcriminalization, the series tackles the key questions a...

R.A. Duff is a Professor Emeritus in the Philosophy Department at the University of Stirling, and holds the Russell and Elizabeth Bennett Chair at the University of Minnesota Law School. Lindsay Farmer is Professor of Law at the University of Glasgow. S.E. Marshall is a Professor Emeritus in the Department of Philosophy at the Universi...

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Format:HardcoverDimensions:336 pages, 9.21 × 6.14 × 1.02 inPublished:January 4, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019872635X

ISBN - 13:9780198726357

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Table of Contents

1. R A Duff, Lindsay Farmer, S E Marshall, Massimo Renzo, Victor Tadros: Introduction: Towards a Theory of Criminalization?2. James Chalmers and Fiona Leverick: Quantifying Criminalization3. Lindsay Farmer: Criminal Law as an Institution: Rethinking Theoretical Approaches to Criminalization4. Jeremy Horder: Bureaucratic 'Criminal' Law: Too Much of a Bad Thing?5. Philip Pettit: Criminalization in Republican Theory6. Susan Dimock: Contractarian Criminal Law Theory and Mala Prohibita Offenses7. Michael S. Moore: Liberty's Constraints on What Should be Made Criminal8. Douglas Husak: Polygamy: A Novel Test for a Theory of Criminalization9. Anthony Bottoms: Civil Peace and Criminalization10. Loic Wacquant: Marginality, Ethnicity, and Penality: A Bourdieusian Perspective on Criminalization11. S E Marshall: It Isn't Just About You' - Victims of Crime and Their Associated Duties