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Securing Civil Order

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/9780199568642.003.0003
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The chapter develops the argument that the aim of the criminal law can be understood as that of securing civil order. It examines three overlapping themes. The first is the relation between law and ... More


Radbruch on the Origins of the Criminal Law: Punitive Interventions before Sovereignty

Mireille Hildebrandt

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/9780199673612.003.0012
Subject:
Law, Criminal Law and Criminology, Legal History

This chapter is dedicated to Radbruch’s seminal text on “The Origin of Criminal Law in the Class of Serfs.” It contains a number of counter intuitive insights on the relationship between public ... More


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