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Criminal Legal Doctrine (Hardcover)
Loot Price: R3,187
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Criminal Legal Doctrine (Hardcover)
Series: Routledge Revivals
Expected to ship within 12 - 17 working days
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First published in 1997, this volume examines questions of legal
doctrine which have never been far from the study of crime. It has
not always been able to keep the doctrinal aspects of law clearly
in sight. There is always the pressure to turn to philosophy for
the consideration of questions of moral and legal responsibility
and to criminology and psychology for the analysis of action. The
essays collected in this book turn again to questions of doctrine
and consider the dogmatic order of law as the basis of the
understanding of crime. It is the general argument of this book
that without an understanding of the dogmatic order of the legal
subject of crime, there will only ever be answers to questions that
have never been appropriately asked. Loosely collected around
questions of institution, judgement and address, these essays bring
modern historical, doctrinal and cultural scholarship to bear on
the practices of legal doctrine. Their aim is to offer an account
of criminal law as a practice that institutes, judges and addresses
the legal subject through a range of practices and knowledges.
These range from the disciplinary knowledges of mental health to
the cultural knowledges of femininity and female desire. They
include the technical demands of law writing and court room
procedure as well as symbolic powers of imagining corporate crime.
These all are returned to the practical question of the production
of knowledge through legal doctrine. These essays address a set of
questions that have lain dormant in legal scholarship for much of
the post-1945 era. In a time when the authority of law is being
reconsidered at its foundations, it is appropriate too to
reconsider the means and manner of the transmission of criminal
law. Without an understanding of the formation of criminal law it
is hardly surprising that questions of law reform raise such
confusion.
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