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| Author | : Markus Dirk Dubber |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 449 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0199673616 |
This volume contributes to the emergence of a transnational canon of criminal law by critically engaging with formative texts in criminal legal thought since Hobbes.
| Author | : Lindsay Farmer |
| Publisher | : Oxford University Press |
| Total Pages | : 353 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0199568642 |
The Criminalization series arose from an interdisciplinary investigation into criminalization, focusing 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? The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. Structured in two parts, the first traces the development of the modern criminal law, including jurisdiction, codification, and responsibility. The second part engages in a detailed analysis of the development of specific categories of criminal law, focusing on patterns of criminalization in relation to property offences, offences against the person, sexual offences, and civility.
| Author | : George P. Fletcher |
| Publisher | : Oxford University Press |
| Total Pages | : 236 |
| Release | : 1998-09-03 |
| Genre | : Law |
| ISBN | : 0199729212 |
In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.
| Author | : Paul H. Robinson |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 761 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 0199861277 |
Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law. * Jeffrie G. Murphy's, essay "Remorse, Apology & Mercy," was declared Recommended Reading in the Green Bag Almanac and Reader, 2010.
| Author | : Markus D. Dubber |
| Publisher | : Oxford University Press |
| Total Pages | : 320 |
| Release | : 2018-09-04 |
| Genre | : Law |
| ISBN | : 0191061786 |
In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
| Author | : Wayne R. LaFave |
| Publisher | : |
| Total Pages | : 988 |
| Release | : 1988 |
| Genre | : Law |
| ISBN | : |
| Author | : Markus D Dubber |
| Publisher | : OUP Oxford |
| Total Pages | : 449 |
| Release | : 2014-08-21 |
| Genre | : Law |
| ISBN | : 0191654612 |
Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
| Author | : Jeremy Gans |
| Publisher | : Cambridge University Press |
| Total Pages | : 445 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0521737478 |
Modern Criminal Law of Australia is a guide to interpreting and understanding statutory offence provisions in every Australian jurisdiction. It covers the common law, traditional code and model code systems, and includes examples from all states. This unique book provides students with the skills to practise law anywhere in Australia.
| Author | : Wayne R. LaFave |
| Publisher | : |
| Total Pages | : 789 |
| Release | : 1980 |
| Genre | : |
| ISBN | : |
| Author | : G. Larry Mays |
| Publisher | : Aspen Publishing |
| Total Pages | : 499 |
| Release | : 2015-01-28 |
| Genre | : Law |
| ISBN | : 1454846674 |
This author team had students in mind when they wrote the book on Criminal Law. Criminal Law: Core Concepts uses examples and case excerpts that are interesting and informative, along with logically organized, plain-English discussion of the Model Penal Code. This is the basis for developing a solid understanding of criminal law concepts. One look inside this book and you ll notice that every page promises unobstructed learning. You ll see an uncluttered page design, uncluttered coverage, writing uncluttered by legalese, and case excerpts uncluttered by extraneous detail Everything in this book serves a purpose. Criminal Law: Core Concepts features: A commitment to clarity, reflected in the writing style, organization, pedagogy, and design Shrewd case editing that hones in on salient themes and principles Engaging and informative examples throughout the text Plain English discussion of the Model Penal Code Timely coverage of contemporary topics, such as street crime
