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Philosophical Foundations of Criminal Law - Oxford Scholarship Online
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Philosophical Foundations of Criminal Law

R.A. Duff and Stuart Green


The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds ... More

Keywords: criminal law, over-criminalization, over-imprisonment, penal policy, criminal responsibility, offences, defences

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780199559152
Published to Oxford Scholarship Online: May 2011 DOI:10.1093/acprof:oso/9780199559152.001.0001


Affiliations are at time of print publication.

R.A. Duff, editor
Department of Philosophy, University of Stirling, and the University of Minnesota Law School
Author Webpage

Stuart Green, editor
Professor of Law at Rutgers Law School-Newark
Author Webpage

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1 Introduction: Searching for Foundations

RA Duff, and Stuart P Green

Part I Criminal Law and Political Theory

2 Criminal Law as Public Law

Malcolm Thorburn

Part II The Substance of Criminal Law

12 Beyond The Special Part

Larry Alexander, and Kimberly Kessler Ferzan

PART III Process and Punishment

19 Two Kinds of Retributivism

Mitchell N Berman


End Matter