Criminal Law

The Oxford Handbook of Criminal Law

Edited by Markus D Dubber · Tatjana Hörnle
Oxford University Press July 2016

Specifications

ISBN-13
9780199673605
Publisher
Oxford University Press
Publication
July 2016
Format
Paperback , 1232 pages
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

  • Provides the first truly global perspective on criminal law
  • Covers a wide range of important issues in criminal law, including approaches, methods and models, general principles, specific offenses, and criminal law's place in domestic, transnational, and international contexts
  • Examines the state and development of criminal law in different legal systems worldwide
  • Chapters are written by an international and cross-disciplinary cast of contributors

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. 

The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Readership: Academics and students of criminal law.

Table of Contents

Introduction
I. Approaches & Methods
1: Mariana Valverde and Pat O'Malley: Criminology
2: Bennett Capers: Critical Race Theory
3: Talia Fisher: Economics
4: Prabha Kotiswaran: Feminist Studies
5: James Whitman: History
6: Simon Stern: Literature
7: Leo Zaibert: Philosophy
8: Shai Lavi and Galia Schneebaum: Sociology
9: Mireille Hildebrandt: Technology
II. Systems & Models
10: Heikki Pihlajamäki and Mia Korpiola: Canon Law
11: Val Napoleon and Hadley Friedland: Indigenous Law
12: Sylvia Tellenbach: Islamic Law
13: Arnold Enker: Jewish Law
14: Stephen Thaman: Marxist & Soviet Law
15: Rain Liivoja: Military Law
III. Aspects & Issues
A. Foundations
16: Emmanuel Melissaris: Theories of Crime and Punishment
17: Lindsay Farmer: Codification
18: Alejandro Chehtman: Jurisdiction
19: Benjamin Berger: Constitutional Principles
B. Substantive Criminal Law
(i) General Part
20: Vincent Chiao: Actus Reus
21: Carl-Friedrich Stuckenberg: Causation
22: Thomas Weigend: Mens Rea
23: Michael Cahill: Inchoate Offenses
24: James Stewart: Complicity
25: Susanne Beck: Corporate Criminal Liability
26: Ulf Neumann: Necessity and Duress
27: Victoria Nourse: Self-Defense
28: Vera Bergelson: Consent
29: Christoph Safferling: Insanity and Intoxication
(ii) Special Part
30: Tatjana Hörnle: Rechtsgut and the Harm Principle
31: Guyora Binder: Offenses Against the Person: Homicide
32: James Chalmers: Offenses Against the Person: Assault
33: Vanessa Munro: Offenses Against Sexual Autonomy
34: Stuart Green: Offenses Against Property
35: Beatrice Brunhöber: Drug Offenses
36: Kent Roach: Terrorism
37: Sam Buell: 'White Collar' Crimes
38: Darryl Brown: Public Welfare Offenses
C. Criminal Process
39: Máximo Langer: Models of the Criminal Process
40: Frank Meyer: Discretion
D. Criminal Sanctions
41: Nora Demleitner: Types of Punishment
42: Erik Luna: Sentencing
43: Dirk van Zyl Smit: Prison Law
IV. Contexts & Comparisons
A. Province of Criminal Law
44: Markus D Dubber: Paradigms of Penal Law
45: Alon Harel: Public Law and Private Law
46: Daniel Ohana: Regulatory Offenses and Administrative Sanctions
B. Beyond Domestic Criminal Law
47: Luis Chiesa: Comparative Criminal Law
48: Kimmo Nuotio: European Criminal Law
49: Elies van Sliedregt: International Criminal Law

About the Author

Markus D. Dubber is Professor of Law at the University of Toronto. Dubber's scholarship has focused on theoretical, comparative, and historical aspects of criminal law. His publications include Criminal Law: A Comparative Approach (with Tatjana Hörnle), Foundational Texts in Modern Criminal Law, Handbook of Comparative Criminal Law, Modern Histories of Crime and Punishment, The New Police Science: The Police Power in Domestic and International Governance, The Police Power: Patriarchy and the Foundations of American Government, Criminal Law: Model Penal Code, and Victims in the War on Crime: The Use and Abuse of Victims' Rights.

Tatjana Hörnle is Professor of Criminal Law, Comparative Criminal Law, and Penal Philosophy, Humboldt University of Berlin. She writes mainly about substantive criminal law and sentencing and about the foundations of the criminal law in moral and political philosophy and constitutional law. In addition to numerous articles in German and international law journals, Professor Hörnle has published on proportionality in sentencing, on offensive conduct, on punishment theories and on freedom of will and culpability.

Contributors: 
Susanne Beck is Chair of Criminal Law, Criminal Procedure, Comparative Criminal Law, and Philosophy of Law at Leibniz Universität Hannover.
Vera Bergelson is Professor of Law and Robert E. Knowlton Scholar at Rutgers Law School-Newark.
Benjamin Berger is an Associate Professor at Osgoode Hall Law School.
Guyora Binder is SUNY Distinguished Professor and Vice Dean for Research and Faculty Development at SUNY Buffalo Law School.
Darryl K. Brown is O. M. Vicars Professor of Law at the University of Virginia School of Law.
Beatrice Brunhöber is a Research Associate at Humboldt University, Berlin.
Sam W. Buell is Professor of Law at Duke University Law School.
Michael Cahill is Professor of Law at Brooklyn Law School.
Bennett Capers is Professor of Law at Brooklyn Law School.
James Chalmers is Regius Professor of Law at the University of Glasgow School of Law.
Alejandro Chehtman is Assistant Professor at the Law School of the University Torcuato Di Tella.
Vincent Chiao is Assistant Professor at the University of Toronto Faculty of Law.
Luis Chiesa is Professor of Law and Director of the Buffalo Criminal Law Center, SUNY Buffalo Law School.
Nora V. Demleitner is the Dean and Roy L. Steinheimer, Jr. Professor of Law at Washington & Lee University.
Markus D. Dubber is Professor of Law at the University of Toronto Faculty of Law.
Arnold Enker is Professor Emeritus at Bar-Ilan University.
Lindsay Farmer is Professor of Law at the School of Law, University of Glasgow. 
Talia Fisher is Professor of Law at the Faculty of Law, Tel-Aviv University.
Hadley Friedland is a PhD candidate at the University of Alberta Faculty of Law.
Stuart P. Green is Professor of Law at Rutgers Law School-Newark.
Alon Harel is the Mizock Professor of Law at the Hebrew University of Jerusalem.
Mireille Hildebrandt holds the chair of Smart Environments, Data Protection, and the Rule of Law at the Institute for Computing and Information Sciences at Radboud University Nijmegen.
Tatjana Hörnle is Professor of Criminal Law, Comparative Criminal Law, and Penal Philosophy, Humboldt University, Berlin.
Mia Korpiola is Reader (Docent) in Legal History at the University of Helsinki. 
Prabha Kotiswaran is Senior Lecturer in Law at the Dickson Pool School of Law, King's College London.
Máximo Langer is Professor of Law at UCLA School of Law.
Shai J. Lavi is Associate Professor at the Faculty of Law, Tel-Aviv University.
Rain Liivoja is a Senior Lecturer at Melbourne Law School and Project Director for the Law of Armed Conflict at the Asia Pacific Centre for Military Law.
Erik Luna is Sydney and Frances Lewis Professor of Law at the Washington and Lee University School of Law.
Emmanuel Melissaris is Associate Professor in Law in at the London School of Economics and Politic Science.
Frank Meyer is Professor for criminal law and criminal procedure law, including international criminal law, at the University of Zürich.
Vanessa Munro is Professor of Socio-Legal Studies at the School of Law, University of Nottingham.
Val Napoleon is the Law Foundation Professor of Aboriginal Justice and Governance at the University of Victoria Faculty of Law.
Ulf Neumann is the Criminal law, Legal Philosophy and Sociology of Law Chair at the Law Faculty of the Goethe Universität, Frankfurt am Main.
Victoria Nourse is Professor of Law at Georgetown University Law School.
Kimmo Nuotio is Professor of Criminal Law at the University of Helsinki.
Daniel Ohana is an Adjunct Lecturer at the Hebrew University of Jerusalem.
Pat O'Malley is Honorary Professor at the University of Sydney Law School.
Heikki Pihlajamäki is Professor at the University of Helsinki Faculty of Law.
Kent Roach is Professor and Prichard Wilson Chair in Law and Public Policy at the University of Toronto Faculty of Law.
Christoph Safferling is Professor of International Criminal Law at Philipps-University Marburg.
Galia Schneebaum is a Research Fellow and Adjunct Lecturer at Tel-Aviv University.
Simon Stern is Associate Professor and Co-Director of the Centre for Innovation Law and Policy, University of Toronto Faculty of Law.
James Stewart is Assistant Professor at the Faculty of Law, University of British Columbia.
Sylvia Tellenbach is Head of Section (Turkey, Iran, and the Arab States) at the Max Planck Institute for Foreign and International Criminal Law, Freiburg. 
Stephen Thaman is a Professor at the School of Law, St. Louis University.
Elies van Sliedregt is Professor of Criminal Law at VU Amsterdam.
Carl-Friedrich Stuckenberg is Professor of German and International Criminal Law, Criminal Law, and Criminal Law History at the University of Bonn. 
Mariana Valverde is Professor of Criminology at the Centre for Criminology and Sociolegal Studies at the University of Toronto. 
Dirk van Zyl Smit is Professor of Comparative and International Penal Law at the University of Nottingham.
Thomas Weigend is Professor of International and Criminal Law at the University of Cologne.
James Whitman is the Ford Foundation Professor of Comparative and Foreign Law at Yale Law School.
Leo Zaibert is Professor of Philosophy at Union College.

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