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Internal Constraints on Criminalization

Douglas Husak

in Overcriminalization: The Limits of the Criminal Law

Published in print:
2007
Published Online:
January 2008
ISBN:
9780195328714
eISBN:
9780199869947
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328714.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter argues that the criminal law itself, and especially its so‐called “general part,” is the source of four internal constraints on the authority of the state to enact and enforce penal ... More


Criminal Law Theory: Doctrines of the General Part

Stephen Shute and Andrew Simester (eds)

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.001.0001
Subject:
Law, Criminal Law and Criminology

Written by philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the ... More


Limitations on Criminalization and the General Part of Criminal Law

DOUGLAS N. HUSAK

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter shows how the general part of criminal law might be construed to include doctrines that place significant limitations on criminalisation — on the kinds of conduct that may be subject to ... More


On the General Part in Criminal Law

A. P. SIMESTER and STEPHEN SHUTE

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0001
Subject:
Law, Criminal Law and Criminology

Doctrines of criminalisation, such as the harm principle, rightly belong in the general part of the criminal law. The main reason why this truth may seem odd is that the general part is often thought ... More


Legalizing Blame I: the Quest for the General Part

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0007
Subject:
Law, Comparative Law, Philosophy of Law

In considering the criminal law, there is no more fundamental question than what constitutes its basic structure. In the dominant view, the law is divided into general and special parts, and the ... More


Introduction

Michael Byers

in The Role of Law in International Politics: Essays in International Relations and International Law

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244027
eISBN:
9780191713224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244027.003.0001
Subject:
Law, Public International Law

This chapter begins by discussing the importance of March 24, 1999 in the contemporary history of international law and international relations. It then explains that on that day, the Judicial ... More


Legalizing Blame II: Doctrinal Problems in the General Part

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0008
Subject:
Law, Comparative Law, Philosophy of Law

This chapter analyses problems of law within the general part and shows that legal issues which have resisted successful analysis can be understood once one sees that the law's key move is to ... More


Knowledge and Belief in the Criminal Law

STEPHEN SHUTE

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0008
Subject:
Law, Criminal Law and Criminology

Two aspects of the definitional general part of the criminal law are the mens rea concepts of knowledge and belief. This chapter discusses knowledge and belief as psychological states. It examines ... More


The Modern General Part: Three Illusions

PAUL H. ROBINSON

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0004
Subject:
Law, Criminal Law and Criminology

Criminal law theorists like to think that they are moving existing criminal law theory to a higher plateau of rationality. In truth, however, their advances in rationality often are less than they ... More


The Modest Ambition of Glanville Williams

Lindsay Farmer

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/9780199673612.003.0014
Subject:
Law, Criminal Law and Criminology, Legal History

Glanville Williams is commonly regarded as the leading British academic criminal lawyer of the twentieth century, and a man who had a profound impact on the development of Anglophone criminal law ... More


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