Home >
Law >
Criminal Law >
Philosophical Foundations of Criminal Law

Philosophical Foundations of Criminal Law

Author: R.A. Duff; Stuart Green
Publisher: Oxford University Press
ISBN: 9780199673674
Published In: January 2013
Format: Paperback , 560 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

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

Twenty-five 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.

1: R. A. Duff and Stuart P. Green: Introduction: Searching for Foundations
Part I: Criminal Law and Political Theory
2: Malcolm Thorburn: Criminal Law as Public Law
3: Richard Dagger: Republicanism and the Foundations of Criminal Law
4: Matt Matravers: Political Theory and the Criminal Law
5: Markus D. Dubber: Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law
6: Alice Ristroph: Responsibility for the Criminal Law
7: R. A. Duff: Responsibility, Citizenship, and Criminal Law
Part II: The Substance of Criminal Law
8: Nicola Lacey: The Resurgence of Character: Responsibility in the Context of Criminalization
9: Michael S. Moore: Intention as a Marker of Moral Culpability and Legal Punishability
10: Victor Tadros: Wrongdoing and Motivation
11: Kenneth W. Simons: Understanding the Topography of Moral and Criminal Law Norms
12: Larry Alexander and Kimberly Kessler Ferzan: Beyond the Special Part
13: Andrew Ashworth and Lucia Zedner: Just Prevention: Preventive Rationales and the Limits of the Criminal Law
14: Peter Westen: The Ontological Problem of 'Risk' and 'Endangerment' in Criminal Law
15: Douglas Husak: The De Minimis 'Defence' to Criminal Liability
16: Stuart P. Green: Just Deserts in Unjust Societies: A Case-specific Approach
Part III: Process and Punishment
17: Paul Roberts: Groundwork for a Jurisprudence of Criminal Procedure
18: Donald Dripps: The Substance-Procedure Relationship in Criminal Law
19: Mitchell N. Berman: Two Kinds of Retributivism
Prat IV: Across the Borders and into the Future
20: Christopher Wellman: Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that Do Not Cross International Borders
21: Adil Ahmad Haque: Criminal Law and Morality at War
22: Mireille Hildebrandt: Criminal Liability and 'Smart' Environments

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

Professor Antony Duff is a tenured professor at the University of Minnesota Law School, and professor emeritus in the Department of Philosophy, University of Stirling, Scotland.

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