The Constitution of the Criminal Law by R.A. DuffThe Constitution of the Criminal Law by R.A. Duff

The Constitution of the Criminal Law

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

Hardcover | March 6, 2013

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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminallaw can be constituted as part of the international order.Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to therole of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it?Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority andjurisdiction of international criminal law itself, and its relationship to other dimensions of the international order.A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
R. A. Duff is a tenured professor at the University of Minnesota Law School, and professor emeritus in the Department of Philosophy, University of Stirling, Scotland. His research focuses on the philosophy of criminal law, and he has published widely on penal theory, including; Philosophical Foundations of the Criminal Law (co-edited w...
Title:The Constitution of the Criminal LawFormat:HardcoverDimensions:280 pagesPublished:March 6, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019967387X

ISBN - 13:9780199673872


Table of Contents

1. R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros: Introduction2. Nicola Lacey: What Constitutes Criminal Law?3. Vanessa Munro and Jane Scoular: Harm, Vulnerability, and Citizenship: Constitutional Concerns in the Criminalization of Contemporary Sex Work4. Jonathan Rogers: The Role of the Public Prosecutor in Applying and Developing the Substantive Criminal Law5. Kit Wellman: Rights Forfeiture and Mala Prohibita6. John Gardner: Criminals in Uniform7. Francois Tanguay-Renaud: Puzzling about State Excuses as an Instance of Group Excuses8. Jeff McMahan: War Crimes and Wrongdoing in War9. Tony Coady: Terrorism and the Criminal Law10. Massimo Renzo: Responsibility and Answerability in the Criminal Law

Editorial Reviews

"...high quality...a well-mapped topic with a much-improved philosophical literature that in turn points to new research directions in the theory of criminal law and the theory of official power more generally. The work so far amply vindicates the AHRC's decision to fund the project." --Law Quarterly Review