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The Limits Of Criminal Law
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Book Synopsis Overcriminalization by : Douglas Husak
Download or read book Overcriminalization written by Douglas Husak and published by Oxford University Press. This book was released on 2008-01-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Book Synopsis The Limits of Criminal Law by : Matthew Dyson
Download or read book The Limits of Criminal Law written by Matthew Dyson and published by . This book was released on 2018 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.
Book Synopsis The Limits of the Criminal Sanction by : Herbert Packer
Download or read book The Limits of the Criminal Sanction written by Herbert Packer and published by Stanford University Press. This book was released on 1968-06-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
Book Synopsis Prevention and the Limits of the Criminal Law by : Andrew Ashworth
Download or read book Prevention and the Limits of the Criminal Law written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-01-31 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
Book Synopsis The Limits of Criminal Law by : Mr Carl Constantin Lauterwein
Download or read book The Limits of Criminal Law written by Mr Carl Constantin Lauterwein and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Limits of Blame by : Erin I. Kelly
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Book Synopsis The Boundaries of the Criminal Law by : R.A. Duff
Download or read book The Boundaries of the Criminal Law written by R.A. Duff and published by Oxford University Press. This book was released on 2010-11-11 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Facing the Limits of the Law by : Erik Claes
Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Book Synopsis The Oxford Handbook of Philosophy of Criminal Law by : John Deigh
Download or read book The Oxford Handbook of Philosophy of Criminal Law written by John Deigh and published by Oxford University Press. This book was released on 2011-09-22 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
Book Synopsis Offense to Others by : Joel Feinberg
Download or read book Offense to Others written by Joel Feinberg and published by Oxford University Press. This book was released on 1988-01-07 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses.
Book Synopsis When Nature and Nurture Collide by : Theodore Y. Blumoff
Download or read book When Nature and Nurture Collide written by Theodore Y. Blumoff and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blumoff, who is trained in psychology and law, has spent the last decade trying to bring population-wide observations from the brain sciences to the jurisprudence of criminal law, thus producing a better model of human behavior for understanding criminal misconduct. This work examines the neuropsychological injuries suffered by seriously abused and neglected children, towards an explanation for why those children produce children who tend to abuse and neglect their own children and sometimes others. This is just a brute social fact. The book is structured in three parts, Part I engages the science of child development. Part II addresses the jurisprudence of substantive criminal law, which is still mired in the dualism and formalism of a much earlier era that largely neglects the actor's biography. Part III speaks to anticipated objections and proposals for change. The work ends by drawing on the work of the philosopher John Rawls's well known "Original Position," a thought experiment on the treatment of damaged children. This book should be of interest to anyone who teaches criminal law and procedure or is involved in the administration of criminal justice, including those individuals who provide social services to the incarcerated. It could be an assigned text in a law and psychiatry course or a criminal law or jurisprudence seminar. This book is also useful for students and teachers in specialized post-graduate criminology programs, federal and state law enforcement agencies that profile offenders, specialists in the jurisprudence of punishment, and some upper-division courses in criminal justice.
Book Synopsis The Moral Limits of the Criminal Law: Harm to self by : Joel Feinberg
Download or read book The Moral Limits of the Criminal Law: Harm to self written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1986 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: N this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the magnitude, probability, risk, and "importance" of harm.
Book Synopsis Offense to Others by : Joel Feinberg
Download or read book Offense to Others written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in the series The Moral Limits of the Criminal Law, this book explicates the "offense principle," clarifies the concept of the "offended mental state," examines pornography and the Constitution, obscenity, and obscene words and social policy.
Book Synopsis Philosophical Foundations of Criminal Law by : R. A. Duff
Download or read book Philosophical Foundations of Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-24 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Memory and Punishment by : Emanuela Fronza
Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Author :Michele Pifferi Publisher :Routledge SOLON Explorations in Crime and Criminal Justice Histories ISBN 13 :9781032133539 Total Pages :0 pages Book Rating :4.1/5 (335 download)
Book Synopsis The Limits of Criminological Positivism by : Michele Pifferi
Download or read book The Limits of Criminological Positivism written by Michele Pifferi and published by Routledge SOLON Explorations in Crime and Criminal Justice Histories. This book was released on 2023-05-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the 'dual-track' system with both traditional punishment and novel measures of security, the assessment of offenders' dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history. Chapter 2 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Book Synopsis Crimes Against Humanity by : Nergis Canefe
Download or read book Crimes Against Humanity written by Nergis Canefe and published by University of Wales Press. This book was released on 2021-04-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together jurisprudential debates on international criminal law, international law scholarship on the limits of state sovereignty, and applied political philosophy concerning responsibility and accountability in the context of mass political crimes and state criminality. It offers a compelling view of legal reasoning concerning accountability regimes in the Global South. No other study addresses questions of ethical dimensions of mass crimes and accountability for state criminality.
