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A Theory of Criminal Law Theories

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter develops a theory of what a theory of and area of law, criminal law included, should look like. It describes what kind of thing an area of law might be, and previews the book's ... More


Offences and Defences: Selected Essays in the Philosophy of Criminal Law

John Gardner

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199239351
eISBN:
9780191716959
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239351.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This book collects together a selection of John Gardner's best-known and most provocative writings on the theory of criminal law. Gardner tackles persistent and troublesome questions about the ... More


The Structures of the Criminal Law

R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros (eds)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199644315
eISBN:
9780191732249
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644315.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This book is part of a 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 ... More


Punishment and Freedom

Alan Brudner

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This book sets out a new understanding of the penal law of a liberal legal order. The prevailing view is that the penal law is best understood from the standpoint of a moral theory concerning when it ... More


Punishment, Responsibility, and Justice: A Relational Critique

Alan Norrie

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.001.0001
Subject:
Law, Comparative Law, Philosophy of Law

This book builds upon previous work in the philosophy of punishment and criminal law to develop a critique of Kantian justice thinking. It casts a new light on recent debates about punishment and the ... More


Republicanism and Crime

Richard Dagger

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0007
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter looks to the republican tradition of political thought for guidance in unravelling the problems that surround the analysis and practice of criminal law. It argues that republicanism can ... More


Tough on Punishment: Criminal Justice, Deliberation, and Legal Alienation

Roberto Gargarella

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The literature on criminal justice in the last few years has been enriched by different studies connecting a concern with deliberative democracy with republican and egalitarian intuitions. This ... More


Principles, Policies, and Politics of Criminal Law

Nicola Lacey

in Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.003.0002
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter addresses one of Ashworth's key methodological and substantive contributions to criminal law scholarship, Principles of Criminal Law. It sets Ashworth's book within the context of a ... More


Constitutionalism and the Limits of the Criminal Law

Malcolm Thorburn

in The Structures of the Criminal Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199644315
eISBN:
9780191732249
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644315.003.0005
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter is concerned with the internal limiting principles of the criminal law. That is, rather than considering the external constraints that can be gleaned from constitutional law or from ... More


Reply to Critics

John Gardner

in Offences and Defences: Selected Essays in the Philosophy of Criminal Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199239351
eISBN:
9780191716959
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239351.003.0012
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter contains responses to critics of the previous chapters, including Douglas Husak, Jeremy Horder, Arthur Ripstein, Victor Tadros, Andrew Ashworth, Lindsay Farmer, Peter Westen, Tatjana ... More


Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law

Markus D Dubber

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0005
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter focuses on how we should conceive of the inquiry into the foundations of criminal law, whether legal, philosophical, historical, genealogical, or political. It argues that we cannot hope ... More


The Resurgence of Character: Responsibility in the Context of Criminalization

Nicola Lacey

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0008
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter further develops the diagnosis of a revival of character in contemporary criminal law. First, it offers a more differentiated conceptual framework for identifying the waxing and waning ... More


Groundwork for a Jurisprudence of Criminal Procedure

Paul Roberts

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0017
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter explores four rival perspectives or approaches to conceptualizing criminal procedure and evidence designated: doctrinal-conceptualist; epistemological; institutional; and normative. ... More


Introduction: Searching for Foundations

RA Duff and Stuart P Green

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This introductory chapter sets out the purpose of the book, which is to reveal and to explore some of the foundational questions that the institutions of criminal law raise: to work down through some ... More


Criminal Law as Public Law

Malcolm Thorburn

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter argues that criminal law scholars have tended to draw too close an analogy between the system of criminal law and that of private morality. In place of such a ‘legal moralist’ account, ... More


Responsibility, Citizenship, and Criminal Law

RA Duff

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0007
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter starts with a claim about a central, distinctive purpose of criminal law — one that helps distinguish criminal law from other modes of legal regulation. It argues that a distinctive and ... More


Crime: In Proportion and in Perspective

John Gardner

in Offences and Defences: Selected Essays in the Philosophy of Criminal Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199239351
eISBN:
9780191716959
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239351.003.0011
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter develops one aspect of the ‘pluralistic’ defence of punishment foreshadowed in Chapter 10. It focuses on state punishment as a ‘displacement’ of non-state punitive practices such as ... More


The Constitution of the Criminal Law

R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros (eds)

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199673872
eISBN:
9780191752032
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673872.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This 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 ... More


Philosophical Foundations of Criminal Law

R.A. Duff and Stuart Green (eds)

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

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 ... More


LEGAL RESPONSIBILITY AND EXCUSES

H. L. A. Hart

in Punishment and Responsibility: Essays in the Philosophy of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter draws attention to the analogy between conditions that are treated by criminal law as excusing conditions and certain similar conditions that are treated in another branch of the law as ... More


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