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Books > Law > Jurisprudence & general issues > Legal history
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Making the Modern Criminal Law - Criminalization and Civil Order (Hardcover)
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Making the Modern Criminal Law - Criminalization and Civil Order (Hardcover)
Series: Criminalization
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The Criminalization series arose from an interdisciplinary
investigation into criminalization, focussing 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? This, the fifth book in the
series, offers a historical and conceptual account of the
development of the modern criminal law in England and as it has
spread to common law jurisdictions around the world. The book
offers a historical perspective on the development of theories of
criminalization. It shows how the emergence of theories of
criminalization is inextricably linked to modern understandings of
the criminal law as a conceptually distinct body of rules, and how
this in turn has been shaped by the changing functions of criminal
law as an instrument of government in the modern state. The book is
structured in two main parts. The first traces the development of
the modern law as a distinct, and conceptually distinct body of
rules, looking in particular at ideas of jurisdiction, codification
and responsibility. The second part then engages in detailed
analysis of specific areas of criminal law, focusing on patterns of
criminalization in relation to property, the person, and sexual
conduct.
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