Details
- The first volume in a groundbreaking series on criminalization - a major, neglected topic in the theory of criminal law
- Gathers leading scholars in criminal law to examine one of the most pressing problems in modern criminal justice - the rapid expansion of the scope of criminal sanctions
- Includes coverage of topics so far neglected in discussions of criminalization, such as the use of preventative justice and forensic profiling
Criminalization is a new series arising from an interdisciplinary investigation into 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 a normative 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 officials apply the law's specification of offences?
Boundaries of the Criminal Law is the first book in this series examining the scope and boundaries of the criminal law. Investigations into the scope of the criminal law have often focused on the harm principle, the principle that conduct can be justifiably criminalized only if it is harmful, or other master principles that might determine the proper scope of the criminal law. This collection of original essays by some of the leading scholars in criminal law and philosophy from the UK and the US makes significant advances in the development of a broader range of ideas that might inform criminalization decisions.
A range of issues are discussed, including the significance for criminalization of ideas of moral wrongdoing and of using a person as a means, the distinction between criminal law and other forms of legal regulation, the role of new technology in our understanding of the evolving scope of the criminal law, and the role of criminal justice officials in decision-making about criminalization. The authors draw on legal and philosophical sources, but also on history, sociology and social psychology in their investigations for a truly interdisciplinary approach.
This is a groundbreaking set of essays which will help to reorient legal and philosophical discussion about the proper scope of the criminal law.
Readership: Scholars and advanced students of criminal law, criminology and moral and political philosophy.
1: Antony Duff, Lindsay Farmer, Sandra Marshall, Massimo Renzo, Victor Tadros: Introduction: The Boundaries of the Criminal Law
2: Carol S Steiker: Criminalization and the Criminal Process: Prudential Mercy as a Limit on Penal Sanctions in an Era of Mass Incarceration
3: Andrew Ashworth and Lucia Zedner: Preventative Orders: A Problem of Undercriminalization?
4: R A Duff: Perversions and Subversions of Criminal Law
5: Mireille Hildebrandt: Proactive Forensic Profiling: Proactive Criminalization?
6: John Stanton-Ife: Horrific Crime
7: Victor Tadros: Criminalization and Regulation
8: Markus D Dubber: Criminal Law between Public and Private Law
9: Lindsay Farmer: Criminal Wrongs in Historical Perspective
10: Kimmo Nuotio: Theories of Criminalization and the Limits of Criminal Law: a Legal Cultural Approach.
Edited by R.A. Duff, Department of Philosophy, University of Stirling, Lindsay Farmer, School of Law, University of Glasgow, S.E. Marshall, Department of Philosophy, University of Stirling, Massimo Renzo, Lecturer in Law, University of York, and Victor Tadros, Professor of Criminal Law and Legal Theory, School of Law, University of Warwick
Contributors:
Andrew Ashworth - Vinerian Professor of English Law, University of Oxford
Markus Dubber - Professor of Law, University of Buffalo
Antony Duff - Professor of Philosophy, University of Stirling
Lindsay Farmer - Professor of Law, University of Glasgow
Mireille Hildebrandt - Professor of Law, University of Rotterdam; University of Brussels
Kimmo Nuotio - Professor of Law, University of Helsinki
Carol Steiker - Professor of Law, Harvard University
John Stanton-Ife - Senior Lecturer in Law, King's College, London
Victor Tadros - Professor of Law, Warwick University
Lucia Zedner - Professor of Law, University of Oxford
"However, one can and should expect a fresh and committed piece of scholarship both to kindle the interest of the reader in the subject matter and to stoke the larger project at hand. On this score, iThe Boundaries of the Criminal Lawr delivers." - Ivo Entchev, Philosophy in Review
"This volume contains 10 essays, including an introduction by the editors. Doing it justice would take an essay in itself, but they explore the theory of what it is that justifies resort to criminal law in particular" - Dr James Chalmers, University of Edinburgh, The Journal
"...a fresh and committed piece of scholarship both to kindle the interest of the reader in the subject matter and to stoke the larger project at hand. On this score, The Boundaries of Criminal Law delivers" - Ivo Entchev, Philosophy in Review
"...a much needed examination of what is perhaps the most relevant topic in contemporary criminal legal theory. All the chapters make important contributions to the debate, and the book as a whole generates high expectations for the future volumes of the Criminalisation series." - Henrique Carvalho, King's College, London
"...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
"Simultaneously illuminating and stimulating" - Anthony M. Dillof, Wayne State University Law School
"This collection is highly recommended and readable. It contains a wealth of generally highly focused ideas right on the topic of its title." - Raffaele Rodogno, Legal Studies
