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The Constitution of the Criminal Law

The Constitution of the Criminal Law

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199673872
  • Published In: February 2013
  • Format: Hardback , 256 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • The third volume in a groundbreaking series on criminalization - a major, but neglected topic in the theory of criminal law
  • Addresses the prevailing questions of the constitutionalization of the criminal law, including where the criminal law fits into both the national and international order
  • An interdisciplinary study deepening legal, sociological, and philosophical understanding of the issues surrounding criminalization

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order.

Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it?
Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order.

A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

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

1: R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros: Introduction
2: Nicola Lacey: What Constitutes Criminal Law?
3: Vanessa Munro and Jane Scoular: Harm, Vulnerability, and Citizenship: Constitutional Concerns in the Criminalization of Contemporary Sex Work
4: Jonathan Rogers: The Role of the Public Prosecutor in Applying and Developing the Substantive Criminal Law
5: Kit Wellman: Rights Forfeiture and Mala Prohibita
6: John Gardner: Criminals in Uniform
7: François Tanguay-Renaud: Puzzling about State Excuses as an Instance of Group Excuses
8: Jeff McMahan: War Crimes and Wrongdoing in War
9: Tony Coady: Terrorism and the Criminal Law
10: Massimo Renzo: Responsibility and Answerability in the Criminal Law

Edited by R.A. Duff, Professor of Law, University of Minnesota Law School, and professor emeritus, 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, York Law School, University of York, and Victor Tadros, School of Law, University of Warwick

R A Duff is a tenured professor at the University of Minnesota Law School, and professor emeritus in the Department of Philosophy, University of Stirling, Scotland. His research focuses on the philosophy of criminal law, and he has published widely on penal theory, including; Philosophical Foundations of the Criminal Law (co-edited with Stuart Green, OUP 2011); Trials and Punishments (CUP, 1986), and Punishment, Communication, and Community (OUP, 2001); on the structure and principles of criminal liability with titles including Intention, Agency, and Criminal Liability (Blackwell, 1990), Criminal Attempts (OUP, 1996), and Answering for Crime (Hart, 2007); and on the criminal trial. His current projects include a book for the Criminalization project The Realm of the Criminal Law.

Lindsay Farmer works on the relationship between criminal law, legal theory and legal history, looking at how historical changes in the institutions and practices of the criminal law do and should shape normative accounts of criminal law. His book Criminal Law, Tradition and Legal Order (CUP, 1997) examines the development of Scots criminal law and its relation to national identity. He is currently working on a historical account of theories of criminalization. He has been professor of law at the University of Glasgow since 1999.

S.E. Marshall is a professor of philosophy at the University of Stirling. She co-edited the three-volume project The Trial on Trial with R.A. Duff, L. Farmer, and V. Tadros (Hart 2007) as well as the three titles of the Criminalizationseries. She serves on the Management Committee of the Philosophical Quarterly, and is President of the UK Association for Legal and Social Philosophy.

Massimo Renzo works primarily in legal theory and political philosophy. His main research interests are in the philosophical foundation of criminal law, international justice, state legitimacy, and political obligation. He is a lecturer at York Law School, and is on the editorial board of Criminal Law and Philosophy.

Victor Tadros works primarily on the philosophy of criminal law, criminal justice and punishment. He also has interests in general jurisprudence, and moral and political philosophy. He has two published books Criminal Responsibility (OUP, 2005) and The Ends of Harm (OUP, 2011), and he is also writing a book for the Criminalization series entitled Wrongs and Crimes. Prior to his appointment as professor of criminal law and legal theory at the University of Warwick, he held posts at the University of Aberdeen and the University of Edinburgh.

 

Contributors: 
Tony Coady, Professor of Philosophy, Centre for Applied Philosophy and Public Ethics, University of Melbourne
John Gardner, Professor of Jurisprudence, University of Oxford, and Fellow of University College
Nicola Lacey, Professor of Criminal Law and Legal Theory, Oxford University, and Fellow of All Souls College
Jeff McMahan, Professor of Philosophy, Rutgers University
Vanessa Munro, Professor of Socio-Legal Studies, Faculty of Social Sciences, University of Nottingham
Massimo Renzo, Lecturer in Law, York Law School
Jonathan Rogers, Senior Lecturer in Laws, University College London
Jane Scoular, Reader, Law School, Unversity of Strathclyde
François Tanguay-Renaud, Associate Professor, Osgoode Hall Law School, York University, Canada 
Christopher Wellman, Professor of Philosophy, Washington University in St Louis

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