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The Structures of the Criminal Law (Hardcover)
Loot Price: R3,692
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The Structures of the Criminal Law (Hardcover)
Series: Criminalization
Expected to ship within 12 - 17 working days
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Criminalization is a new series arising from an interdisciplinary
investigation into the issue of criminalization, focussing on the
principles and goals that should guide decisions about what kinds
of conduct are to be criminalized, and the forms that
criminalization should take. Developing a normative theory of
criminalization, the six volumes will tackle the key questions at
the heart of issue: By reference to what principles and goals
should legislations decide what to criminalize? How should criminal
wrongs be classified and differentiated? And how should law
enforcement officials apply the law's specification of offences?
The second volume in the series concerns itself with the structures
of criminal law in three different senses. The first examines the
internal structure of the criminal law itself and the questions
posed by familiar distinctions between which offences are typically
analysed. These questions of classification include discussion of
the growing range of crimes and the problems posed by this
broadening of definition. Should traditional ideas and conceptions
of the criminal law be reshaped in light of recent developments or
should these developments be criticized and refuted? Structures of
criminal law also refer to the place of the criminal law within the
larger structure of the law. Here the book examines the
relationships with and between the criminal law and other aspects
of law, particularly private law and public law. It also looks at
how the criminal law is made, and by whom. Finally the third sense
of structure is outlined - the relationships between legal
structures and social and political structures. What place does the
criminal law have within the existing political and social
landscapes? What are the influences, both political and social,
upon the criminal law, and should they be allowed to influence the
law in this fashion? What is its proper role? Focussing not only on
the questions about the criminal law's proper scope, but also on
crucial questions about how crimes should be structured, defined,
and classified, this book provides a deeper understanding of
criminalization.
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