Criminal Law and the Authority of the State

Administrative / Constitutional Law

Criminal Law and the Authority of the State

Edited by Antje du Bois-Pedain · Magnus Ulvang · Petter Asp
Hart Publishing May 2017

Specifications

ISBN-13
9781509905133
Publisher
Hart Publishing
Publication
May 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

How does the state, as a public authority, relate to those under its jurisdiction through the criminal law?

Connecting the ways in which criminal lawyers and public lawyers address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the use of criminal law to suppress challenges to state authority; the purposes and mechanisms of state punishment; the value of coherence in legal systems; the interface between tort and crime; and the importance of doctrinal guidance in the application of criminal law.

Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.

Table of Contents

Introduction (Antje du Bois-Pedain, Magnus Ulvang and Petter Asp)
Chapter 1: Policing the Rechtsstaat (Malcolm Thorburn)
Chapter 2: State Authority and Extraterritorial Jurisdiction (Petter Asp)
Chapter 3: Security against Arbitrary Government in Criminal Justice (Lucia Zedner)
Chapter 4: A Constitutional Perspective on the Criminalisation Process (Iain Cameron)
Chapter 5: Against the State (Anat Scolnicov)
Chapter 6: Coherence in Legal Systems and Normative Constraints on State Authority (Magnus Ulvang)
Chapter 7: The State Obligation to Provide Coherent Remedial Mechanisms across Crime and Tort (Matthew Dyson)
Chapter 8: Legal Doctrine and the Limits of Criminal Responsibility (Erik Svensson)
Chapter 9: Proportionate Sentencing and State Policy Goals (Antje du Bois-Pedain)
Chapter 10: Rehabilitation and State Punishment (Anthony E. Bottoms)
Chapter 11: The Case against Privatisation of Prisons (Alon Harel).
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