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Making the Modern Criminal LawCriminalization and Civil Order$
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Lindsay Farmer

Print publication date: 2016

Print ISBN-13: 9780199568642

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780199568642.001.0001

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(p.118) 4 Jurisdiction
Making the Modern Criminal Law

Lindsay Farmer

Oxford University Press

The chapter looks at the relationship between jurisdiction and criminalization. The first section analyses the institutional dimensions of jurisdiction, looking at the relation between jurisdiction and civil order, and at some of the basic distinctions which have shaped the emergence of modern ideas of criminal law jurisdiction. The second section traces the development of the concept of territorial jurisdiction, looking at the means by which jurisdiction was extended from the governance of the local community to nation state, and to its support for forms of imperial rule. The third section then looks at the ways in which the meaning of territory has been linked to changing ideas of civil order and the changing aims of the criminal law. The chapter concludes by looking at contemporary challenges to territorial conceptions of jurisdiction and their impact on questions of criminalization.

Keywords:   territory, ambit, territorial jurisdiction, extraterritorial jurisdiction, universal jurisdiction

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