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Books > Law > Laws of other jurisdictions & general law > Criminal law
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The Realm of Criminal Law (Hardcover)
Loot Price: R3,338
Discovery Miles 33 380
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The Realm of Criminal Law (Hardcover)
Series: Criminalization
Expected to ship within 12 - 19 working days
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We are said to face a crisis of over-criminalization: our criminal
law has become chaotic, unprincipled, and over-expansive. This book
proposes a normative theory of criminal law, and of
criminalization, that shows how criminal law could be ordered,
principled, and restrained. The theory is based on an account of
criminal law as a distinctive legal practice that functions to
declare and define a set of public wrongs, and to call to formal
public account those who commit such wrongs; an account of the role
that such practice can play in a democratic republic of free and
equal citizens; and an account of the central features of such a
political community, and of the way in which it constitutes its
public realm-its civil order. Criminal law plays an important, but
limited, role in such a political community in protecting, but also
partly constituting, its civil order. On the basis of this account,
we can see how such a political community will decide what kinds of
conduct should be criminalized - not by applying one or more of the
substantive master principles that theorists have offered, but by
considering which kinds of conduct fall within its public realm (as
distinct from the private realms that are not the polity's
business), and which kinds of wrong within that realm require this
distinctive kind of response (rather than one of the other kinds of
available response). The outcome of such a deliberative process
will probably be a more limited, and a more rational and
principled, criminal law.
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