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The Structures of the Criminal Law

The Structures of the Criminal Law

Author: R.A. Duff; Lindsay Farmer; S.E. Marshall; Massimo Renzo; Victor Tadros
Publisher: Oxford University Press
ISBN: 9780199644315
Published In: December 2011
Format: Hardback , 248 pages
Jurisdiction: U.K. ? Disclaimer:
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The second volume in a groundbreaking series on criminalization - a major, neglected topic in the theory of criminal law
Addresses the prevailing questions of the structure of criminal law, and how it fits within existing legal and societal structures
Interdisciplinary study deepens legal, sociological, and philosophical understanding of the issues surrounding criminalization

Criminalization is a new series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences?

The second volume in the series concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted?

Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom.

Finally the third sense of structure is outlined - the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role?

Focussing not only on the questions about the criminal law's proper scope, but also on crucial questions about how crimes should be structured, defined, and classified, this book provides a deeper understanding of criminalization.

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

1: RA Duff, Lindsay Farmer, SE Marshall, Massimo Renzo, and Victor Tadros: Introduction: The Structures of the Criminal Law
2: Marcia Baron: The Standard of the Reasonable Person in the Criminal Law
3: Andrew Cornford: Resultant Luck and Criminal Liability
4: Sharon Cowan: Criminalizing SM: Disavowing the Erotic, Instantiating Violence
5: Malcolm Thorburn: Constitutionalism and the Limits of the Criminal Law
6: Adil Ahmad Haque: International Crime: in Context and in Contrast
7: Alan Norrie: Legal Form and Moral Judgment: Euthanasia and Assisted Suicide
8: MR Maguire: Abnormal Law: Teratology as a Logic of Criminalization
9: Paul H Robinson: Criminalization Tensions: Empirical Desert, Changing Norms, and Rape Reform
10: Peter Ramsay: Preparation Offences, Security Interests, Political Freedom

Edited by R.A. Duff, 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 has taught in the Department of Philosophy, University of Stirling, since 1970. 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 on 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), 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, 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.

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