Philosophical Foundations of Criminal Law

Author: RA. Duff; Stuart Green
Publisher: Oxford University Press
ISBN: 9780199559152
Published In: March 2011
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Identifies the key issues, problems, topics and questions underlying the philosophy of criminal law, outlying current work in the subject for those new to the field
Features 22 specially-commissioned essays from some of the leading figures in criminal law theory, setting an agenda for future research in the field
Includes contributions from moral and political philosophers working on problems in criminal law theory, placing the subject in a broader philosophical context

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 of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized.

Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world.

Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

Readership: Scholars and advanced students of criminal law, criminology and moral and political philosophy.

Contents:: 1: R.A. Duff & Stuart Green: Introduction: Searching for Foundations; 2: Malcolm Thorburn: Criminal Law as Public Law; 3: Andrew Ashworth and Lucia Zedner: Just Prevention: Preventive Rationales and the Limits of the Criminal Law; 4: Markus Dubber: Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law; 5: Richard Dagger: Republicanism and the Foundations of Criminal Law; 6: Matt Matravers: Political Theory and the Criminal Law; 7: Alice Ristroph: Responsibility for the Criminal Law; 8: R.A. Duff: To Whom Must We Answer? Responsibility and the Criminal Law; 9: Nicola Lacey: The Resurgence of Character: Responsibility in the Context of Criminalization; 10: Douglas Husak: The 'De Minimis' Defence to Criminal Liability; 11: Larry Alexander and Kim Ferzan: Beyond the Special Part; 12: Michael Moore: Intention as a Marker of Moral Culpability and Legal Punishability; 13: Ken Simons: Understanding the topography of moral and criminal law norms; 14: Victor Tadros: Wrongdoing and Motivation; 15: Peter Westen: The Ontological Problem Of 'Risk' and 'Endangerment' in Criminal Law; 16: Donald Dripps: The Substance-Procedure Relationship in Criminal Law; 17: John Gardner and Francois Tanguay-Renaud: What Self-Defence and Punishment Share; 18: Mireille Hildebrandt: Criminal Liability and 'Smart' Environments; 19: Paul Roberts: Groundwork for a Jurisprudence of Criminal Procedure; 20: Stuart Green: Just Desserts in Unjust Societies: A Case-specific Approach; 21: Mitchell Berman: Two Kinds of Retributivism; 22: Adil Haque: Criminal Law Theory Goes to War; 23: Christopher Wellman: Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that Do Not Cross International Borders;

Edited by R.A. Duff, Department of Philosophy, University of Stirling, and the University of Minnesota Law School, and Stuart Green, Professor of Law at Rutgers Law School-Newark

R A Duff was educated at Oxford, and taught for forty years in the Philosophy Department at the University of Stirling. He now also holds a half-time position at the University of Minnesota Law School.

Stuart P Green was educated at Yale Law School and serves as a Professor of Law at Rutgers Law School-Newark.

Contributors:

Larry Alexander, University of San Diego
Andrew Ashworth, University of Oxford
Mitchell Berman, University of Texas at Austin
Richard Dagger, Arizona State University
Donald Dripps, University of San Diego
Markus Dubber, SUNY Buffalo Law School
R.A. Duff, University of Stirling and University of Minnesota
Kim Ferzan, Rutgers University
John Gardner, University of Oxford
Stuart Green, Rutgers University
Adil Haque, Rutgers University
Mireille Hildebrandt, Vrije Universiteit Brussel and the University of Rotterdam
Douglas Husak, Rutgers University
Nicola Lacey, University of Oxford
Matt Matravers, University of York
Michael Moore, University of Illinois
Alice Ristroph, University of Utah
Paul Roberts, Nottingham University
Ken Simons, Boston University
Victor Tadros, University of Warwick
Francois Tanguay-Renaud, Osgoode Hall Law School, York University
Malcolm Thorburn, Queen's University, Kingston
Christopher Wellman, Washington University in St Louis
Peter Westen, University of Michigan
Lucia Zedner, University of Oxford