the constitution of the criminal law criminalization

Download Book The Constitution Of The Criminal Law Criminalization in PDF format. You can Read Online The Constitution Of The Criminal Law Criminalization here in PDF, EPUB, Mobi or Docx formats.

The Constitution Of The Criminal Law

Author : R. A. Duff
ISBN : 9780191655289
Genre : Law
File Size : 42. 81 MB
Format : PDF, ePub, Docs
Download : 308
Read : 505

Download Now


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.

The Right Not To Be Criminalized

Author : Dr Dennis J Baker
ISBN : 9781409497592
Genre : Law
File Size : 89. 16 MB
Format : PDF
Download : 104
Read : 856

Download Now


This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.

Criminalization

Author : R A Duff
ISBN : 9780191040986
Genre : Law
File Size : 34. 98 MB
Format : PDF
Download : 257
Read : 623

Download Now


The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.

The Boundaries Of The Criminal Law

Author : Antony Duff
ISBN : 9780199600557
Genre : Law
File Size : 84. 73 MB
Format : PDF, ePub, Mobi
Download : 104
Read : 868

Download Now


This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.

Overcriminalization

Author : Douglas N. Husak
ISBN : 9780195399011
Genre : Law
File Size : 39. 31 MB
Format : PDF, ePub, Docs
Download : 755
Read : 398

Download Now


In the US, one out of every 138 residents is incarcerated. The size of the prison population has quadrupled since 1980. Approximately 2.4% of Americans are either on probation and parole. The US has the highest rate of criminal punishment in the Western world. The problem with American criminal law, as the philosopher of law Douglas Husak and many others see it, is that there is simply too much of it. Recent years have seen a dramatic expansion in the amount of criminal statutes, and in the resulting reliance on punishment for convictions under those laws. Husak argues that this is regrettable for several reasons, but most importantly, he says that much of the resulting punishment is unjust, excessive, and disproportionate. He also claims that it is destructive to the rule of law and undermines the principle of legality. What should be done? Husak's goal in this book is formulate a normative theory of criminalization that will allow us to distinguish which criminal laws are justified, and which are not--something he sees this as essential in order to reverse the trend towards too many criminal laws. The first part of his book makes the case that there is both too much criminal law and too much punishment, and clarifies the relationship between the two using empirical data. He then provides examples of dubious criminal laws enacted by legislatures, in particular statutes on drugs possession and guns. The latter part of the book develops his theory, which establishes principles that should set limits (both external and internal to the criminal law) on what we can and should criminalize.

Proconstitutional Interpretation Of Criminal Law

Author : Krzysztof Szczucki
ISBN : 9781498535854
Genre : Law
File Size : 25. 20 MB
Format : PDF, ePub, Docs
Download : 189
Read : 1184

Download Now


Underlying the research for the purposes of this book were one basic assumption: transposing legal articles to behavioral norms, suitable in given circumstances and capable of resolving a problem, in this case from the realm of criminal law is difficult. This difficulty pertains not only to citizens, who cannot avail themselves of professional tools of interpretation of legal texts, but also to practitioners and academics, arguing over the correct construction of a regulation. It may be that criminal law – all its convoluted structure, overloaded with dogmatic principles – will never be understandable for average citizens. Nonetheless, it seems to be worthwhile to seek a platform for understanding, and a model for reacting to a dynamically changing social reality with its core and less fluid values. The method of finding moral clarity in criminal law is the proconstitutional interpretation. The perception of a constitution, an observation which concerns mainly democratic states, as a source of information about values of fundamental and integrating importance to a policy, led to a method of reconciling criminal law with those values within the constitution. Approaching a constitution as a source of information about values, as a matrix within which there exists a catalog of the most important values, without the need to reach beyond the system of positive law, makes this supposition acceptable also for those practitioners and academics who prefer a systemically imminent approach. The proposed scheme allows authorities responsible for forming and enforcing the law to take into account those values that play a significant role in social life. At the same time, it continues to embrace principles of legal reasoning, a safeguard against going into considerations reaching beyond the legal system. Not only may the method espoused in the book become applicable and, at least to some extent, adopted in Poland, but in other constitutional democracies as well.

Philosophical Foundations Of Criminal Law

Author : R. A. Duff
ISBN : 9780191654695
Genre : Law
File Size : 59. 78 MB
Format : PDF, ePub, Docs
Download : 675
Read : 968

Download Now


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.

The Limits Of Criminal Law

Author : Carl Constantin Lauterwein
ISBN : 9781317025351
Genre : Law
File Size : 84. 87 MB
Format : PDF, ePub, Docs
Download : 996
Read : 356

Download Now


This book compares the civil and common law approach to analyze the question – 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.

Criminal Law And Policy In The European Union

Author : Samuli Miettinen
ISBN : 9781135130985
Genre : Law
File Size : 58. 59 MB
Format : PDF, ePub
Download : 752
Read : 531

Download Now


This book takes stock of the development of EU criminal law from the establishment of the ECSC to the first European Union criminal law directives passed after the Lisbon Treaty. The work considers criminal offences established at EU level, the effects of EU law on national criminalization, the emerging body of EU criminal procedural law, and the increasing recognition of defense rights as EU rights. Limits to the legal effects of EU-level rules require them to be examined in the light of Member State practice. Implementing measures are not always appropriate, and may balance interests under national law, the rights of criminal defendants, and the need for EU-wide approximation. The proliferation of EU criminal law has led to an explicit, albeit underdeveloped, EU criminal policy This book will be of particular interest to students and scholars of EU Law and Criminal Law.

The Oxford Handbook Of Criminal Law

Author : Markus D Dubber
ISBN : 9780191654602
Genre : Law
File Size : 42. 80 MB
Format : PDF, Kindle
Download : 353
Read : 583

Download Now


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 or corrections 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.

Top Download:

Best Books