The New Philosophy Of Criminal Law
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| Author | : Chad Flanders |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 284 |
| Release | : 2015-12-16 |
| Genre | : Philosophy |
| ISBN | : 1783484152 |
There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
| Author | : Christopher Cowley |
| Publisher | : Taylor & Francis |
| Total Pages | : 165 |
| Release | : 2024-02-05 |
| Genre | : Philosophy |
| ISBN | : 1003834175 |
The Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives. At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law. This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.
| Author | : Larry Alexander |
| Publisher | : Springer Nature |
| Total Pages | : 794 |
| Release | : 2019-12-02 |
| Genre | : Philosophy |
| ISBN | : 3030228118 |
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
| Author | : J J Child |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 1105 |
| Release | : 2022-09-15 |
| Genre | : Law |
| ISBN | : 1509964282 |
'... undoubtedly a first-rate companion for any undergraduate or post-graduate law course.' John Taggart, Criminal Law Review This outstanding account of modern English criminal law combines detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law, covering all subjects taught at undergraduate level. The book's philosophical approach ensures students have a deeper understanding of the law that goes beyond a purely doctrinal knowledge As a result, over its numerous editions, it has become required reading for many criminal law courses. The 8th edition covers all statutory law including the Assaults on Emergency Workers Act 2018 and Domestic Abuse Act, s 71. Case law discussions now cover: Grant (complicity); Barton (dishonesty); Broughton, Field, Kuddus, and Rebelo (homicide) and AG's Ref (No 1 of 2020) (sexual offences).
| 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 | : Jesper Ryberg |
| Publisher | : Oxford University Press |
| Total Pages | : 745 |
| Release | : 2024-11 |
| Genre | : Social Science |
| ISBN | : 0197750508 |
| Author | : Matthew C. Altman |
| Publisher | : Springer Nature |
| Total Pages | : 801 |
| Release | : 2023-03-23 |
| Genre | : Philosophy |
| ISBN | : 303111874X |
This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.
| Author | : Arlie Loughnan |
| Publisher | : Cambridge University Press |
| Total Pages | : 327 |
| Release | : 2019-12-12 |
| Genre | : Law |
| ISBN | : 1108754961 |
Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.
| Author | : Krzysztof Szczucki |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 311 |
| Release | : 2022-05-09 |
| Genre | : Law |
| ISBN | : 1666908061 |
When creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law. This thesis is the axis around which The Ethical Legitimization of Criminal Law is constructed. Szczucki shows that criminal law is like a suit; to be a perfect fit, it has to be tailor-made. That is why he argues for three points of reference to guide moral evaluation of criminal law: first, the coherence of the legal system; second, the will of the legislator; and third, the virtues of citizens. Only by analyzing these concepts together in the context of legal culture can one answer the question of what makes good criminal law. The book concludes that an ethical perspective in analyzing, grounding, and evaluating criminal law is inevitable. Appealing to researchers, scholars, and professionals from across the criminal and legal spectrum, this book explores fundamental questions about the nature of ethical perspective in legal analysis.
| Author | : Vadim Khilyuta |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 210 |
| Release | : 2024-10-12 |
| Genre | : Law |
| ISBN | : 1036412563 |
The book examines the main problems of criminal law of post-Soviet states through the prism of global institutional transformations in politics and economy, development of new information relations and stagnation of society. The main features and ways of impact of criminal law on social relations are revealed, where criminal law is given a new global function - ensuring security. For this reason, attention is focused on the essence of crime and criminal law impact. Modern mechanisms of instrumentalisation of criminal law are shown by means of changing the philosophical bases of legal research, projecting science on global problems of implementation of unified standards, expanding the boundaries of criminal law, shifting the emphasis from the institution of punishment to measures of criminal-legal impact, moving away from material constructions in the concept of "crime" and developing its formal attributes with the prospect of introducing the institution of criminal law into national legislation.
