The Boundaries of the Criminal Law

Hardcover | December 11, 2010

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

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Criminalization is a new series arising from an interdisciplinary investigation into criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normativetheory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply thelaw's specification of offences?Boundaries of the Criminal Law is the first book in this series examining the scope and boundaries of the criminal law. Investigations into the scope of the criminal law have often focused on the harm principle, the principle that conduct can be justifiably criminalized only if it is harmful, orother master principles that might determine the proper scope of the criminal law. This collection of original essays by some of the leading scholars in criminal law and philosophy from the UK and the US makes significant advances in the development of a broader range of ideas that might informcriminalization decisions. A range of issues are discussed, including the significance for criminalization of ideas of moral wrongdoing and of using a person as a means, the distinction between criminal law and other forms of legal regulation, the role of new technology in our understanding of the evolving scope of thecriminal law, and the role of criminal justice officials in decision-making about criminalization. The authors draw on legal and philosophical sources, but also on history, sociology and social psychology in their investigations for a truly interdisciplinary approach. This is a groundbreaking set of essays which will help to reorient legal and philosophical discussion about the proper scope of the criminal law.

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Criminalization is a new series arising from an interdisciplinary investigation into criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normativetheory of criminalization, the six volumes will...

R A Duff has taught in the Department of Philosophy, University of Stirling, since 1970. His research focuses on the philosophy of criminal law, and he has published widely on penal theory, including; Trials and Punishments (CUP, 1986) and Punishment, Communication and Community (OUP, 2001); on the structure and principles of criminal...

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Format:HardcoverDimensions:304 pagesPublished:December 11, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199600554

ISBN - 13:9780199600557

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Table of Contents

1. Antony Duff, Lindsay Farmer, Sandra Marshall, Massimo Renzo, Victor Tadros: Introduction: The Boundaries of the Criminal Law2. Carol S. Steiker: Criminalization and the Criminal Process: Prudential Mercy as a Limit on Penal Sanctions in an Era of Mass Incarceration3. Andrew Ashworth and Lucia Zedner: Preventative Orders: A Problem of Undercriminalization?4. R. A. Duff: Perversions and Subversions of Criminal Law5. Mireille Hildebrandt: Proactive Forensic Profiling: Proactive Criminalization?6. John Stanton-Ife: Horrific Crime7. Victor Tadros: Criminalization and Regulation8. Markus D. Dubber: Criminal Law between Public and Private Law9. Lindsay Farmer: Criminal Wrongs in Historical Perspective10. Kimmo Nuotio: Theories of Criminalization and the Limits of Criminal Law: a Legal Cultural Approach