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The Right Not to be Criminalized - Demarcating Criminal Law's Authority (Hardcover, New Ed) Loot Price: R4,455
Discovery Miles 44 550
The Right Not to be Criminalized - Demarcating Criminal Law's Authority (Hardcover, New Ed): Dennis J. Baker

The Right Not to be Criminalized - Demarcating Criminal Law's Authority (Hardcover, New Ed)

Dennis J. Baker

Series: Applied Legal Philosophy

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Loot Price R4,455 Discovery Miles 44 550 | Repayment Terms: R417 pm x 12*

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This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.

General

Imprint: Ashgate Publishing Limited
Country of origin: United Kingdom
Series: Applied Legal Philosophy
Release date: June 2011
First published: 2011
Authors: Dennis J. Baker
Dimensions: 234 x 156 x 26mm (L x W x T)
Format: Hardcover
Pages: 312
Edition: New Ed
ISBN-13: 978-1-4094-2765-0
Categories: Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
Books > Law > Laws of other jurisdictions & general law > Criminal law
Books > Social sciences > Sociology, social studies > Social issues > General
Books > Social sciences > Sociology, social studies > Crime & criminology > General
Books > Law > Laws of other jurisdictions & general law > Social law > General
LSN: 1-4094-2765-X
Barcode: 9781409427650

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