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Author: Lindsay Farmer
Publisher: Cambridge University Press
ISBN: 0521553202
Category : History
Languages : en
Pages : 223
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Book Description
This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer is able to develop a critique of modern criminal law theory in general. He traces the development of the modern characteristics of criminal law and legal order, tracing the relationship between legal practice and national culture, and showing how contemporary criminal law theory fundamentally misrepresents the character of modern criminal justice.
Author: Lindsay Farmer
Publisher: Cambridge University Press
ISBN: 0521553202
Category : History
Languages : en
Pages : 223
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Book Description
This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer is able to develop a critique of modern criminal law theory in general. He traces the development of the modern characteristics of criminal law and legal order, tracing the relationship between legal practice and national culture, and showing how contemporary criminal law theory fundamentally misrepresents the character of modern criminal justice.
Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191655279
Category : Law
Languages : en
Pages : 250
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Book Description
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Author: Radhika Singha
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 380
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Book Description
This volume deals with law-making as a cultural enterprise in which the colonial state had to draw upon existing normative codes of rank, status and gender, and re-order them to a new and more exclusive definition of the state's sovereign right.
Author: R.A. Duff
Publisher: Oxford University Press
ISBN: 0199600554
Category : Law
Languages : en
Pages : 278
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Book Description
This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.
Author: Lindsay Farmer
Publisher: Oxford University Press
ISBN: 0199568642
Category : Law
Languages : en
Pages : 353
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Book Description
The Criminalization series arose from an interdisciplinary investigation into criminalization, focusing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. Structured in two parts, the first traces the development of the modern criminal law, including jurisdiction, codification, and responsibility. The second part engages in a detailed analysis of the development of specific categories of criminal law, focusing on patterns of criminalization in relation to property offences, offences against the person, sexual offences, and civility.
Author: Nicola Lacey
Publisher: Oxford University Press
ISBN: 0199248206
Category : History
Languages : en
Pages : 257
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Book Description
What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.
Author: R. A. Duff
Publisher: Oxford University Press
ISBN: 0199644314
Category : Law
Languages : en
Pages : 244
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Book Description
This volume is concerned with three structures of criminal law: the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.
Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108836585
Category : Law
Languages : en
Pages : 411
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Book Description
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
Author: Carrie E. Garrow
Publisher: Rowman & Littlefield
ISBN: 1442232307
Category : Law
Languages : en
Pages : 651
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Book Description
Tribal Criminal Law and Procedure examines complex Indian nations’ tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: · The Tribal Law and Order Act's Enhanced Sentencing Provisions · The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction · Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
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Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
