Criminalization as Regulation
Criminalization as Regulation
The Role of Criminal Law
This chapter focuses on the norms and doctrines of criminal law in order to ask three questions which echo those raised in Hugh Collins's Regulating Contracts. The argument begins by sketching out the theoretical framework which shapes the analysis, tracing its application to the various aspects of criminalization. Second, it applies this analysis to a number of key aspects of criminal law viewed in historical perspective, so as to tease out the regulatory aspects of modern criminal law in England and Wales. Third, it addresses some of the questions raised in the introduction to this collection, so as to examine the regulatory and meta-regulatory actuality and potential of criminal law in the contemporary regulatory state.
Keywords: criminal law, criminalization, England, Wales, regulatory state, Hugh Collins, Regulating Contracts
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