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Responsibility for the Criminal Law

Alice Ristroph

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/9780199559152.003.0006
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter argues that criminal law theory has been too narrowly focused on the responsibility of the offender for his criminal acts, and seeks to show how other key players in the system — ... 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

Peter Ramsay

in The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.003.0001
Subject:
Law, Criminal Law and Criminology

This introductory chapter presents a summary of the argument of the book; explains the method of immanent critique used to study the law; contrasts this method with that of both orthodox normative ... More


The Triadic Relational Structure of Responsibility: A Defence

Alon Harel

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0007
Subject:
Law, Criminal Law and Criminology

The central characteristic of responsibility as developed by Duff is the ‘triadic relational concept’ consisting of a relation between an agent A who is responsible for something X to somebody S and ... More


Implications for Legal Theory and Legal Scholarship

Nicola Lacey

in In Search of Criminal Responsibility: Ideas, Interests, and Institutions

Published in print:
2016
Published Online:
June 2016
ISBN:
9780199248209
eISBN:
9780191823282
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248209.003.0006
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Chapter 6 summarizes the methodological upshot of the book’s argument for legal theory and for legal scholarship more generally, as well as confronting some of the normative questions raised by the ... More


Some Generalizations About the Moral Content of White-Collar Crime

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0003
Subject:
Law, Philosophy of Law, Employment Law

This chapter begins the task of looking at white-collar crime through the lens of criminal law theory. It discusses the place of retribution in criminal law theory and moral ambiguity in white-collar ... More


PJA von Feuerbach and his Textbook of the Common Penal Law

Tatjana Hörnle

in Foundational Texts in Modern Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.003.0007
Subject:
Law, Criminal Law and Criminology, Legal History

PJA Feuerbach is still considered a founding father of modern criminal law science. His Textbook on penal law is a classic. One of his lasting contributions is the insistence on a strictly rational ... More


Foundational Texts in Modern Criminal Law

Markus D Dubber (ed.)

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.001.0001
Subject:
Law, Criminal Law and Criminology, Legal History

This book presents chapters which critically engage with formative texts in criminal legal thought since Hobbes. It aims to contribute to the emergence of a transnational canon of criminal law by ... More


In Search of Criminal Responsibility

Nicola Lacey

in In Search of Criminal Responsibility: Ideas, Interests, and Institutions

Published in print:
2016
Published Online:
June 2016
ISBN:
9780199248209
eISBN:
9780191823282
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248209.003.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Chapter 1 introduces the main arguments of the book. First, responsibility plays two practical roles in modern criminal law: legitimation and coordination. Conceptions and elaborated doctrines ... More


Introduction: Grounding Criminal Law: Foundational Texts in Comparative-Historical Perspective

Markus D Dubber

in Foundational Texts in Modern Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.003.0001
Subject:
Law, Criminal Law and Criminology, Legal History

This introduction lays out the book’s animating idea: to contribute to the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and, at the same ... More


Introduction

Lindsay Farmer

in Making the Modern Criminal Law: Criminalization and Civil Order

Published in print:
2016
Published Online:
March 2016
ISBN:
9780199568642
eISBN:
9780191801945
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568642.003.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter introduces the idea of criminalization. It looks briefly at how it has emerged as a key focus of contemporary legal theory. It then argues that an understanding of criminalization ... More


Explaining the Shifting Alignment of Ideas of Responsibility in the Vortex of Interests and Institutions: Towards a Political Economy of Responsibility in English Criminal Law

Nicola Lacey

in In Search of Criminal Responsibility: Ideas, Interests, and Institutions

Published in print:
2016
Published Online:
June 2016
ISBN:
9780199248209
eISBN:
9780191823282
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248209.003.0005
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Chapter 5 offers an interpretation of how the interacting forces of ideas, interests, and institutions have co-evolved to produce distinctive—multiple, philosophically conflicting—conceptions of ... More


Institutions

Nicola Lacey

in In Search of Criminal Responsibility: Ideas, Interests, and Institutions

Published in print:
2016
Published Online:
June 2016
ISBN:
9780199248209
eISBN:
9780191823282
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248209.003.0004
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Chapter 4 considers the main institutions which shape, either directly or indirectly, the development of ideas of criminal responsibility and its attribution: criminal justice institutions such as ... More


The Model Penal Code, Legal Process, and the Alegitimacy of American Penality

Markus D Dubber

in Foundational Texts in Modern Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.003.0013
Subject:
Law, Criminal Law and Criminology, Legal History

The Model Penal Code, drafted under the auspices of Herbert Wechsler, is the most significant text in the history of American criminal law. Yet, in an important and revealing sense, it is not a ... More


Objective Versus Subjective Justification: A Case Study in Function and Form in Constructing a System of Criminal Law Theory

Paul H. Robinson

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0016
Subject:
Law, Criminal Law and Criminology

This chapter deals with objective versus subjective justification, with particular emphasis on the importance of function and form in developing a system of criminal law theory. It first examines the ... More


Addiction, choice, and criminal law

Stephen J. Morse

in Addiction and Choice: Rethinking the relationship

Published in print:
2016
Published Online:
November 2016
ISBN:
9780198727224
eISBN:
9780191833427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727224.003.0023
Subject:
Psychology, Cognitive Psychology

Some claim that addiction is a chronic and relapsing brain disease; others claim that it is a product of choice; still others think that addictions have both disease and choice aspects. Which of ... More


Criminal Attempts

R. A. Duff

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198262688
eISBN:
9780191682384
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262688.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in ... More


Tax Evasion as Crime

Stuart P. Green

in Philosophical Foundations of Tax Law

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198798439
eISBN:
9780191839436
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198798439.003.0004
Subject:
Law, Philosophy of Law, Company and Commercial Law

This chapter considers tax evasion through the lens of criminal law theory. It explores how ‘taxes’ differ from fees, fines, penalties, forfeitures, and other government assessments, using the ... More


Of One-eyed and Toothless Miscreants: Making the Punishment Fit the Crime?

Michael Tonry (ed.)

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190070595
eISBN:
9780190070625
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070595.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Interest in retributive theory, and emphasis on proportionality between crime and punishment as a requirement of justice, revived in English-speaking countries in the 1970s. After less than a half ... More


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