The Structures of the Criminal Law

Hardcover | January 15, 2012

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

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Criminalization is a new series arising from an interdisciplinary investigation into the issue of 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 anormative theory 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 officialsapply the law's specification of offences?The second volume in the series concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions ofclassification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted?Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law ismade, and by whom.Finally the third sense of structure is outlined - the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law,and should they be allowed to influence the law in this fashion? What is its proper role?Focussing not only on the questions about the criminal law's proper scope, but also on crucial questions about how crimes should be structured, defined, and classified, this book provides a deeper understanding of criminalization.

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Criminalization is a new series arising from an interdisciplinary investigation into the issue of 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 anormative theory of criminalization, the six...

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; Philosophical Foundations of the Criminal Law (co-edited with Stuart Green, OUP 2011); Trials and Punishments (CUP, 1986) and Punishmen...

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Format:HardcoverDimensions:248 pages, 9.21 × 6.14 × 0.01 inPublished:January 15, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199644314

ISBN - 13:9780199644315

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Table of Contents

1. Antony Duff, Lindsay Farmer, Sandra Marshall, Massimo Renzo, and Victor Tadros: Introduction2. Alan Norrie: Legal Form and Moral Judgment: The Problem of Euthanasia3. Peter Ramsay: Preparation Offences, Security Interests, Political Freedom4. Mike Maguire: Abnormal Law: Teratology as a Logic of Criminalization5. Adil Ahmad Haque: International Crime: in Context and in Contrast6. Marcia Baron: The Standard of the Reasonable Person in the Criminal Law7. Malcolm Thorburn: Serving Morality Indirectly: The Special Role of Criminal Law Within the Legal System8. Andrew Cornford: Resultant Luck and Criminal Liability9. Sharon Cowan: Disavowing the Erotic, Instantiating Injury10. Paul Robinson: Criminalization and Changing Norms