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| Author | : Antony Duff |
| Publisher | : Studies in Crime and Public Policy |
| Total Pages | : 270 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : 9780195166668 |
This text examines the main trends in penal theorising over the past three decades. It asks what can justify criminal punishment and then explores the legitemacy of actual practices by examining what would count as adequate justification for them
| Author | : R. A. Duff |
| Publisher | : Oxford University Press |
| Total Pages | : 266 |
| Release | : 2003-05-15 |
| Genre | : Law |
| ISBN | : 0198026439 |
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
| Author | : Rowan Cruft |
| Publisher | : Oxford University Press |
| Total Pages | : 408 |
| Release | : 2011-07-14 |
| Genre | : Law |
| ISBN | : 0191621641 |
For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
| Author | : Howard Giles |
| Publisher | : John Benjamins Publishing |
| Total Pages | : 280 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 9781588112552 |
Given widespread media attention to issues of crime and its prevention, police heroism, and new modes of police-community involvements, this international collection is timely. It is unique in examining ways in which police and citizens communicate across a range of contexts and problem areas. While much attention is afforded the critical roles of communication by police agencies, there has been little recourse to communication science and its theories. Likewise, the latter has not, until recently, concerned itself with analyzing police-citizen interactions. This volume examines the character of such encounters, forging new theoretical frameworks having implications for practice in many instances. Topics include media portrayals of law enforcement, communication and new technologies within police culture, domestic violence, hate crimes, stalking, sexual abuse, and hostage negotiations. This book should be relevant not only to a range of social sciences besides Communication scholars and students, but also to practitioners working in the field.
| Author | : Robin Antony Duff |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : Community |
| ISBN | : 9780197720295 |
This text examines the main trends in penal theorising over the past three decades. It asks what can justify criminal punishment and then explores the legitemacy of actual practices by examining what would count as adequate justification for them.
| Author | : Markus D Dubber |
| Publisher | : OUP Oxford |
| Total Pages | : 1294 |
| Release | : 2014-11-27 |
| Genre | : Law |
| ISBN | : 0191654604 |
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
| Author | : Antony Duff |
| Publisher | : CUP Archive |
| Total Pages | : 340 |
| Release | : 1986 |
| Genre | : Philosophy |
| ISBN | : 9780521407618 |
This book discusses whether a system of criminal punishment can be justified within our legal system.
| Author | : John Dillon |
| Publisher | : University of Michigan Press |
| Total Pages | : 310 |
| Release | : 2012-07-20 |
| Genre | : History |
| ISBN | : 0472118293 |
An examination of Constantine the Great's legislation and government
| Author | : R A Duff |
| Publisher | : Oxford University Press |
| Total Pages | : 478 |
| Release | : 2018-06-27 |
| Genre | : Law |
| ISBN | : 0191058580 |
We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.
| Author | : R. A. Duff |
| Publisher | : OUP Oxford |
| Total Pages | : 250 |
| Release | : 2013-01-31 |
| Genre | : Law |
| ISBN | : 0191655279 |
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 criminal law 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 the role 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 and jurisdiction 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.
