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Philosophical Foundations of Criminal Law (Paperback)
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Philosophical Foundations of Criminal Law (Paperback)
Series: Philosophical Foundations of Law
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Twenty-five leading contemporary theorists of criminal law tackle a
range of foundational issues about the proper aims and structure of
the criminal law in a liberal democracy. The challenges facing
criminal law are many. There are crises of over-criminalization and
over-imprisonment; penal policy has become so politicized that it
is difficult to find any clear consensus on what aims the criminal
law can properly serve; governments seeking to protect their
citizens in the face of a range of perceived threats have pushed
the outer limits of criminal law and blurred its boundaries. To
think clearly about the future of criminal law, and its role in a
liberal society, foundational questions about its proper scope,
structure, and operations must be re-examined. What kinds of
conduct should be criminalized? What are the principles of criminal
responsibility? How should offences and defences be defined? The
criminal process and the criminal trial need to be studied closely,
and the purposes and modes of punishment should be scrutinized.
Such a re-examination must draw on the resources of various
disciplines-notably law, political and moral philosophy,
criminology and history; it must examine both the inner logic of
criminal law and its place in a larger legal and political
structure; it must attend to the growing field of international
criminal law, it must consider how the criminal law can respond to
the challenges of a changing world. Topics covered in this volume
include the question of criminalization and the proper scope of the
criminal law; the grounds of criminal responsibility; the ways in
which offences and defences should be defined; the criminal process
and its values; criminal punishment; the relationship between
international criminal law and domestic criminal law. Together, the
essays provide a picture of the exciting state of criminal law
theory today, and the basis for further research and debate in the
coming years.
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