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Making the Modern Criminal Law

Making the Modern Criminal Law
Author: Lindsay Farmer
Publisher: Oxford University Press
Total Pages: 353
Release: 2016
Genre: Law
ISBN: 0199568642

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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.


Making the Modern Criminal Law

Making the Modern Criminal Law
Author: Lindsay Farmer
Publisher:
Total Pages: 340
Release: 2016
Genre: Criminal law
ISBN: 9780191801945

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Offering an historical and conceptual account of criminal law, this volume provides insight into how legal concepts such as responsibility, wrongdoing, intent, and punishment emerged out of debates and sensibilities from the 18th century to the present day, and explores how the state exerts its power and secures civil order through criminal law.


Foundational Texts in Modern Criminal Law

Foundational Texts in Modern Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
Total Pages: 886
Release: 2014-08-21
Genre: Law
ISBN: 0191654620

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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.


The Constitution of the Criminal Law

The Constitution of the Criminal Law
Author: R. A. Duff
Publisher: OUP Oxford
Total Pages: 250
Release: 2013-01-31
Genre: Law
ISBN: 0191655279

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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.


The New Criminal Justice Thinking

The New Criminal Justice Thinking
Author: Sharon Dolovich
Publisher: NYU Press
Total Pages: 356
Release: 2017-03-28
Genre: Law
ISBN: 1479831549

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A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.


The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
Total Pages: 1294
Release: 2014-11-27
Genre: Law
ISBN: 0191654604

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The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.


Criminal Law Conversations

Criminal Law Conversations
Author: Paul H. Robinson
Publisher: Oxford University Press, USA
Total Pages: 761
Release: 2011
Genre: Law
ISBN: 0199861277

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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.


A History of Modern American Criminal Justice

A History of Modern American Criminal Justice
Author: Joseph F. Spillane
Publisher: SAGE
Total Pages: 361
Release: 2013
Genre: Social Science
ISBN: 1412981344

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"This text focuses on the modern aspects of the history of criminal justice, from 1900 to the present. A unique thematic approach, rather than a chronological approach, sets this book apart from comparable books on the subject, with chapters organized around themes such as policing, courts, due process, and prison and punishment. Making connections between history and contemporary criminal justice systems, structures, and processes, this text offers the latest in historical scholarship, made relevant to the needs of current and future practitioners in the field."--P. [4] of cover.


The Condemnation of Blackness

The Condemnation of Blackness
Author: Khalil Gibran Muhammad
Publisher: Harvard University Press
Total Pages: 417
Release: 2019-07-22
Genre: Social Science
ISBN: 0674244338

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Winner of the John Hope Franklin Prize A Moyers & Company Best Book of the Year “A brilliant work that tells us how directly the past has formed us.” —Darryl Pinckney, New York Review of Books How did we come to think of race as synonymous with crime? A brilliant and deeply disturbing biography of the idea of black criminality in the making of modern urban America, The Condemnation of Blackness reveals the influence this pernicious myth, rooted in crime statistics, has had on our society and our sense of self. Black crime statistics have shaped debates about everything from public education to policing to presidential elections, fueling racism and justifying inequality. How was this statistical link between blackness and criminality initially forged? Why was the same link not made for whites? In the age of Black Lives Matter and Donald Trump, under the shadow of Ferguson and Baltimore, no questions could be more urgent. “The role of social-science research in creating the myth of black criminality is the focus of this seminal work...[It] shows how progressive reformers, academics, and policy-makers subscribed to a ‘statistical discourse’ about black crime...one that shifted blame onto black people for their disproportionate incarceration and continues to sustain gross racial disparities in American law enforcement and criminal justice.” —Elizabeth Hinton, The Nation “Muhammad identifies two different responses to crime among African-Americans in the post–Civil War years, both of which are still with us: in the South, there was vigilantism; in the North, there was an increased police presence. This was not the case when it came to white European-immigrant groups that were also being demonized for supposedly containing large criminal elements.” —New Yorker


The Collapse of American Criminal Justice

The Collapse of American Criminal Justice
Author: William J. Stuntz
Publisher: Harvard University Press
Total Pages: 425
Release: 2011-09-30
Genre: History
ISBN: 0674051750

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Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.