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Overcriminalization – The Limits of the Criminal Law - Oxford Scholarship Online
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Overcriminalization: The Limits of the Criminal Law

Douglas Husak


The United States suffers from too much criminal law and too much punishment. These two trends conspire to produce massive injustice. To rectify this injustice, we need to defend and implement a theory of criminalization: a set of constraints that limit the authority of states to enact and enforce penal offenses. Although the topic of criminalization is of enormous theoretical and practical significance, no Anglo–American theorist has yet developed such a theory. The central objective of this book is to defend a theory of criminalization, and to situate it within contemporary scholarship by le ... More

Keywords: criminalization, punishment, minimalism, constraints, drug proscriptions, rights

Bibliographic Information

Print publication date: 2007 Print ISBN-13: 9780195328714
Published to Oxford Scholarship Online: January 2008 DOI:10.1093/acprof:oso/9780195328714.001.0001


Affiliations are at time of print publication.

Douglas Husak, author
Rutgers University
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