Results for 'Criminal law '

989 found
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  1.  3
    Criminal law in the age of the administrative state.Vincent Chiao - 2019 - New York, NY: Oxford University Press.
    Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.
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  2.  18
    Structure and Function in Criminal Law.Paul H. Robinson - 1997 - Oxford University Press UK.
    Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to (...)
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  3.  86
    Criminal law theory: doctrines of the general part.Stephen Shute & Andrew Simester (eds.) - 2002 - New York: Oxford University Press.
    Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.
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  4.  9
    Rethinking criminal law.George P. Fletcher - 1978 - New York: Oxford University Press.
    This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
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  5.  42
    Rethinking Criminal Law: Critical Notice: Truth, Error, and Criminal Law: An Essay in Legal Epistemologyby Larry Laudan.Andrew Botterell - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):93-112.
    Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would (...)
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  6.  11
    Criminal Law Conversations.Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.) - 2009 - Oxford University Press, Usa.
    Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight (...)
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  7.  16
    Criminal Law and Cultural Diversity.Will Kymlicka, Claes Lernestedt & Matt Matravers (eds.) - 2014 - Oxford, United Kingdom: Oxford University Press.
    What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists Criminal Law and Cultural Diversity offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility.
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  8.  21
    Criminal Law, Philosophy and Public Health Practice.A. M. Viens, John Coggon & Anthony S. Kessel (eds.) - 2013 - Cambridge University Press.
    The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. However, criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the interface (...)
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  9.  24
    Criminal law conversations: "Desert: Empirical, not metaphysical" and "contractualism and the sharing of wrongs".Matthew Lister - 2009 - In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  10.  37
    Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.Francois Tanguay-Renaud & James Stribopoulos (eds.) - 2012 - Hart Publishing.
    In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both (...)
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  11.  14
    Philosophical Foundations of Criminal Law.R. A. Duff & Stuart Green (eds.) - 2011 - New York: Oxford University Press UK.
    25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range (...)
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  12.  93
    The philosophy of criminal law: selected essays.Douglas N. Husak - 2010 - New York: Oxford University Press.
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake (...)
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  13.  21
    Redoing Criminal Law: Taking the Deviant Turn.Leo Katz & Alvaro Sandroni - 2022 - Criminal Law and Philosophy 16 (3):429-439.
    This is a review of Larry Alexander and Kim Ferzan’s _Reflections on Crime and Culpability_, a sequel to the authors’ _Crime and Culpability_. The two books set out a sweeping proposal for reforming our criminal law in ways that are at once commonsensical and mindbogglingly radical. But even if one is not on board with such a radical experiment, simply thinking it through holds many unexpected lessons: startlingly new insights about the current regime and about novel ways of doing (...)
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  14.  6
    Criminal law.Thomas Morawetz (ed.) - 1991 - New York, NY: New York University Press.
    This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
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  15.  8
    Criminal Law Without Punishment: How Our Society Might Benefit From Abolishing Punitive Sanctions.Valerij Zisman - 2023 - De Gruyter.
    How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such (...)
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  16.  42
    International Criminal Law and Philosophy.Larry May & Zachary Hoskins (eds.) - 2010 - Cambridge University Press.
    International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment (...)
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  17. The grammar of criminal law: American, comparative, and international.George P. Fletcher - 2007 - New York: Oxford University Press.
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study (...)
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  18. Truth, Error, and Criminal Law: An Essay in Legal Epistemology.Larry Laudan - 2006 - Cambridge University Press.
    Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering (...)
     
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  19.  14
    Making the Modern Criminal Law: Criminalization and Civil Order.Lindsay Farmer - 2016 - Oxford University Press.
    The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which (...) law is recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. (shrink)
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  20. Criminal law as public law.Malcolm Thorburn - 2011 - In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. pp. 21--43.
     
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  21.  20
    Criminal Law Exceptionalism: Introduction.Christoph Burchard & Antony Duff - 2023 - Criminal Law and Philosophy 17 (1):3-4.
    Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the (...)
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  22.  19
    Criminal Law Exceptionalism as an Affirmative Ideology, and its Expansionist Discontents.Christoph Burchard - 2023 - Criminal Law and Philosophy 17 (1):17-27.
    Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the (...)
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  23.  5
    The Criminal Law's Person.Matt Matravers & Claes Lernestedt (eds.) - 2022 - Hart Publishing.
    The state's use of the threat, and imposition, of punishments to regulate conduct is thought (or at least said) by many to be legitimised by the idea that the criminal law's burdens only fall on those who are blameworthy for their conduct. However, the formal concept of 'blameworthiness' needs to be made substantive. This puts various ideas regarding the criminal law's person at the heart of debates about blame, guilt, and responsibility. How is the criminal law's person (...)
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  24.  5
    Philosophy and the Criminal Law: Principle and Critique.R. A. Duff (ed.) - 1998 - New York: Cambridge University Press.
    Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting (...)
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  25.  17
    Culpable Carelessness: Recklessness and Negligence in the Criminal Law.Findlay Stark - 2016 - Cambridge University Press.
    The question of when a person is culpable for taking an unjustified risk of harm has long been controversial in Anglo-American criminal law doctrine and theory. This survey of the approaches adopted in England and Wales, Canada, Australia, the United States, New Zealand and Scotland argues that they are converging, to differing extents, around a 'Standard Account' of culpable unjustified risk-taking. This Standard Account distinguishes between awareness-based culpability and inadvertence-based culpability for unjustified risk-taking. With reference to criminal law (...)
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  26.  30
    European criminal law and European identity.Mireille Hildebrandt - 2007 - Criminal Law and Philosophy 1 (1):57-78.
    This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process (...)
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  27.  15
    Should criminal law protect love relation with robots?Kamil Mamak - forthcoming - AI and Society:1-10.
    Whether or not we call a love-like relationship with robots true love, some people may feel and claim that, for them, it is a sufficient substitute for love relationship. The love relationship between humans has a special place in our social life. On the grounds of both morality and law, our significant other can expect special treatment. It is understandable that, precisely because of this kind of relationship, we save our significant other instead of others or will not testify against (...)
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  28.  13
    The Preventive Turn in Criminal Law.Henrique Carvalho - 2017 - Oxford: Oxford University Press UK.
    Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, The Preventive Turn in Criminal Law demonstrates how recent transformations in criminal law and justiceare intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment (...)
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  29.  94
    Theorizing Criminal Law Reform.Roger A. Shiner - 2009 - Criminal Law and Philosophy 3 (2):167-186.
    How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books (...)
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  30.  9
    Criminal Law Theory: Introduction.Mark Dsouza, Alon Harel & Re’em Segev - forthcoming - Criminal Law and Philosophy:1-4.
    This is an introduction to the special issue on criminal law theory.
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  31.  99
    Terrorizing Criminal Law.Lucia Zedner - 2014 - Criminal Law and Philosophy 8 (1):99-121.
    The essays in Waldron’s Torture, Terror, and Trade-Offs have important implications for debates about the criminalization of terrorism and terrorism-related offences and its consequences for criminal law and criminal justice. His reflections on security speak directly to contemporary debates about the preventive role of the criminal law. And his analysis of inter-personal security trade-offs invites much closer attention to the costs of counter-terrorism policies, particularly those pursued outside the criminal process. But is Waldron right to speak (...)
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  32.  1
    EU Criminal Law.Valsamis Mitsilegas - 2016 - In Dennis Patterson & Anna Södersten (eds.), A Companion to European Union Law and International Law. Hoboken, NJ: Wiley. pp. 547–567.
    This chapter presents an analysis of complex constitutional framework, examining institutional developments brought about by the Maastricht and Amsterdam Treaties and by focusing in particular on the major institutional changes brought about by the entry into force of the Lisbon Treaty. It illustrates how European integration in criminal matters has been organized over time. The chapter examines the extent of European Union (EU) competence to harmonize national legislation in the field of substantive criminal law and European integration in (...)
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  33.  10
    Criminal law and legal dogmatics.Manrique María Laura & Navarro - 2017 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 31.
    The authors expose a challenge that legal dogmatics represents to our legal institutions. Legal dogmatics often claims that it plays a necessary role in identifying legal rules and in solving their indeterminacies. Thus, legal dogmatics is to be viewed as an indispensable complement to legislation. Like legislation, dogmatics also attempts to provide judges with precise guidelines to help them pass the right decisions and avoid the arbitrary ones. Only under this assumption does dogmatics help to make more predictable decisions. However, (...)
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  34.  43
    International Criminal Law as a Site for Enhancing Women’s Rights? Challenges, Possibilities, Strategies.Kiran Kaur Grewal - 2015 - Feminist Legal Studies 23 (2):149-165.
    Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To explore these questions I (...)
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  35.  98
    Understanding Criminal Law through the Lens of Reason: Gardner, John. 2007. Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford: Oxford University Press, xiv + 288 pp.François Tanguay-Renaud - 2010 - Res Publica 16 (1):89-98.
    This is a review essay of Gardner, John. 2007, Offences and Defences: Selected Essays in the Philosophy of Criminal Law, Oxford: Oxford University Press, 288 pp.
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  36.  20
    Criminal Law and Penal Law: The Wrongness Constraint and a Complementary Forfeiture Model.Alec Walen - 2020 - Criminal Law and Philosophy 14 (3):431-446.
    Antony Duff’s The Realm of Criminal Law offers an appealing moral reconstruction of the criminal law. I agree that the criminal law should be understood to predicate punishment upon sufficient proof that the defendant has committed a public wrong for which she is being held to account and censured. But the criminal law is not only about censoring people for public wrongs; it must serve other purposes as well, such as preventing people from committing serious crimes (...)
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  37.  24
    The Criminal Law's Ambivalence About Outcomes.Andrew Ashworth - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. pp. 159.
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  38.  13
    The New Philosophy of Criminal Law.Chad Flanders & Zachary Hoskins (eds.) - 2015 - London, UK: Rowman & Littlefield International.
    This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.
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  39.  65
    The Criminal Law as Last Resort.Douglas Husak - 2004 - Oxford Journal of Legal Studies 24 (2):207-235.
    In this article I examine one condition a minimalist theory of criminalization might contain: the criminal law should be used only as a last resort. I discuss how this principle should be interpreted and the reasons we have to accept it. I conclude that a theory of criminalization should probably include the (appropriately construed) last resort principle. But this conclusion will prove disappointing to those who hope to employ this principle to bring about fundamental reform in the substantive (...) law. I argue that the last resort principle may not help to reverse the growth of the criminal law to any degree that could not be achieved more directly and less controversially by other principles that a theory of criminalization is generally thought to include. Unless we reject others parts of conventional wisdom about crime and punishment, the application of a last resort principle is unlikely to bring about sweeping changes that theorists might have anticipated. (shrink)
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  40. Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - 2019 - In Kimberly Ferzan & Larry Alexander (eds.), Handbook of Applied Ethics and the Criminal Law. New York: Palgrave.
    In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we (...)
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  41.  3
    Criminal law theory.Douglas Husak - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 107–121.
    This chapter contains section titled: The Need for a Theory of Criminalization The Nature of the Criminal Law Inadequate Theories of Criminalization A Better Approach to Criminalization References Further Reading.
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  42.  29
    General principles of criminal law.Jerome Hall - 1960 - Clark, N.J.: Lawbook Exchange.
    ISBN 1-58477-498-3. Cloth. $125. * The standard one-volume treatise based on classic legal-realist principles.
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  43.  25
    Does Criminal Law Deter? A Behavioural Science Investigation.Paul H. Robinson & John M. Darley - 2004 - Oxford Journal of Legal Studies 24 (2):173-205.
    Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they (...)
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  44.  39
    Criminal Law and the Autonomy Assumption: Adorno, Bhaskar, and Critical Legal Theory.Craig Reeves - 2014 - Journal of Critical Realism 13 (4):339-367.
    This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity (...)
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  45. Public Welfare Offenses under Criminal Law: A Brief Note.Deepa Kansra - 2012 - Legal News and Views 2 (26):10-14.
    The state has always authoritatively used criminal law to give effect to its policy of condemning acts either antisocial or unacceptable to the conscience of the law and society. The existence of criminal law is well justified on grounds of ‘social welfare’ or “reinforcement of those values most basic to proper social functioning”. This initiates or sustains the process of criminalization. The relativity of ‘social welfare’ makes law ‘dynamic’ as well as ‘varying’, vis-à-vis its ambit and scope. Current (...)
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  46. Making criminal law known.Peter Alldridge - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press. pp. 103--106.
     
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  47. Criminal law for humans.Alice Ristroph - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
  48.  2
    International Criminal Law.Roger S. Clark - 2016 - In Dennis Patterson & Anna Södersten (eds.), A Companion to European Union Law and International Law. Hoboken, NJ: Wiley. pp. 534–546.
    This chapter first discusses four categories of international criminal law, namely international aspects of national criminal law, international criminal law stricto sensu, suppression conventions/transnational criminal law, and international standards for criminal justice. It then explains some crosscutting issues that are in the forefront of both historical and contemporary discussions in the area, organizing the material under the rubric of jurisdiction, paying particular attention to how this plays out in a number of suppression conventions. The appropriateness (...)
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  49.  18
    Criminal Law and Decency.Dick Hamilton - 1994 - Philosophy Now 10:41-43.
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  50.  2
    A History of the Criminal Law of England.James Fitzjames Stephen - 1996 - Routledge.
    As a practising lawyer and judge, it is the insights gained from Stephen's own experience that give an added practical dimension to this work. As well as his accounts of the history of the branches of the law, Stephen gives several fascinating analyses of famous trials, and explores the relation of madness to crime and the relation of law to ethics, physiology, and mental philosophy. His discussion also includes the subjects of criminal responsibility, offences against the state, the (...) jurisdiction of the Privy Council, libel, Indian criminal law and offences against religion. (shrink)
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