Philosophical Foundations of Criminal Law by R.A. Duff

Philosophical Foundations of Criminal Law

EditorR.A. Duff, Stuart Green

Paperback | January 28, 2013

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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 theface 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 kindsof 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 ofinternational 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 betweeninternational 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.

About The Author

Professor Antony Duff is a tenured Professor at the University of Minnesota Law School, and Professor Emeritus in the Department of Philosophy, University of Stirling, Scotland. Stuart P. Green was educated at Yale Law School and serves as a Professor of Law at Rutgers Law School-Newark.
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Title:Philosophical Foundations of Criminal LawFormat:PaperbackDimensions:560 pagesPublished:January 28, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199673675

ISBN - 13:9780199673674

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Table of Contents

1. R. A. Duff and Stuart P. Green: Introduction: Searching for FoundationsPart I: Criminal Law and Political Theory2. Malcolm Thorburn: Criminal Law as Public Law3. Richard Dagger: Republicanism and the Foundations of Criminal Law4. Matt Matravers: Political Theory and the Criminal Law5. Markus D. Dubber: Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law6. Alice Ristroph: Responsibility for the Criminal Law7. R. A. Duff: Responsibility, Citizenship, and Criminal LawPart II: The Substance of Criminal Law8. Nicola Lacey: The Resurgence of Character: Responsibility in the Context of Criminalization9. Michael S. Moore: Intention as a Marker of Moral Culpability and Legal Punishability10. Victor Tadros: Wrongdoing and Motivation11. Kenneth W. Simons: Understanding the Topography of Moral and Criminal Law Norms12. Larry Alexander and Kimberly Kessler Ferzan: Beyond the Special Part13. Andrew Ashworth and Lucia Zedner: Just Prevention: Preventive Rationales and the Limits of the Criminal Law14. Peter Westen: The Ontological Problem of 'Risk' and 'Endangerment' in Criminal Law15. Douglas Husak: The De Minimis 'Defence' to Criminal Liability16. Stuart P. Green: Just Deserts in Unjust Societies: A Case-specific ApproachPart III: Process and Punishment17. Paul Roberts: Groundwork for a Jurisprudence of Criminal Procedure18. Donald Dripps: The Substance-Procedure Relationship in Criminal Law19. Mitchell N. Berman: Two Kinds of RetributivismPrat IV: Across the Borders and into the Future20. Christopher Wellman: Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that Do Not Cross International Borders21. Adil Ahmad Haque: Criminal Law and Morality at War22. Mireille Hildebrandt: Criminal Liability and 'Smart' Environments