The Boundaries of the Criminal Law
R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros
Abstract
The series Criminalization is a set of volumes arising from an interdisciplinary investigation into 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 in this series aim to 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 ... More
The series Criminalization is a set of volumes arising from an interdisciplinary investigation into 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 in this series aim to 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? This book is the first book in this series examining the scope and boundaries of the criminal law. Investigations into the scope of the criminal law have often focused on the harm principle, the principle that conduct can be justifiably criminalized only if it is harmful, or other master principles that might determine the proper scope of the criminal law. These chapters aim to make significant advances in the development of a broader range of ideas that might inform criminalization decisions. A range of issues are discussed, including the significance for criminalization of ideas of moral wrongdoing and of using a person as a means, the distinction between criminal law and other forms of legal regulation, the role of new technology in our understanding of the evolving scope of the criminal law, and the role of criminal justice officials in decision-making about criminalization. The chapters draw on legal and philosophical sources, and also on history, sociology, and social psychology in their investigations.
Keywords:
criminalization,
normative theory,
criminal law,
harm principle,
moral wrongdoing,
legal regulation,
new technology,
criminal justice
Bibliographic Information
| Print publication date: 2010 |
Print ISBN-13: 9780199600557 |
| Published to Oxford Scholarship Online: September 2011 |
DOI:10.1093/acprof:oso/9780199600557.001.0001 |
Authors
Affiliations are at time of print publication.
R.A. Duff, Editor
Department of Philosophy, University of Stirling
Author Webpage
Lindsay Farmer, Editor
School of Law, University of Glasgow
Author Webpage
S.E. Marshall, Editor
Department of Philosophy, University of Stirling
Massimo Renzo, Editor
Lecturer in Law, University of York
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Victor Tadros, Editor
Professor of Criminal Law and Legal Theory, School of Law, University of Warwick
Author Webpage
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