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The New Philosophy of Criminal Law (Paperback)
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The New Philosophy of Criminal Law (Paperback)
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There is no more vivid example of a state's power over its citizens
than the criminal law. By criminalizing various behaviours, the
state sets boundaries on what we can and cannot do. And the
criminal law is in many ways unique in the harshness of its
sanctions. But traditional criminal law theory has for too long
focussed on the questions, "what is a crime?" and "what is the
justification of punishment?" The significance of the criminal law
extends beyond these questions; indeed, critical philosophical
questions underlie all aspects of the criminal justice system. The
criminal law engages us not just as offenders or potential
offenders, but also as victims, suspects, judges and jurors,
prosecutors and defenders-and as citizens. The authors in this
volume go beyond traditional questions to challenge our
conventional understandings of the criminal law. In doing so, they
draw from a number of disciplines including philosophy, history,
and social science.
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