The Structures of the Criminal Law
R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros
Abstract
This book is part of a series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. This is the second volume in the series and it concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classificat ... More
This book is part of a series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. This is the second volume in the series and it concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here, the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally, the third sense of structure is outlined — the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role?
Keywords:
criminalization,
conduct,
criminal law,
private law,
public law,
legal structures,
social structures,
political structures
Bibliographic Information
Print publication date: 2011 |
Print ISBN-13: 9780199644315 |
Published to Oxford Scholarship Online: January 2012 |
DOI:10.1093/acprof:oso/9780199644315.001.0001 |
Authors
Affiliations are at time of print publication.
R.A. Duff, editor
Department of Philosophy, University of Stirling
Lindsay Farmer, editor
School of Law, University of Glasgow
S.E. Marshall, editor
Department of Philosophy, University of Stirling
Massimo Renzo, editor
York Law School, University of York
Victor Tadros, editor
School of Law, University of Warwick
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