Jump to ContentJump to Main Navigation
Criminal Law TheoryDoctrines of the General Part$
Users without a subscription are not able to see the full content.

Stephen Shute and Andrew Simester

Print publication date: 2002

Print ISBN-13: 9780199243495

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199243495.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 08 July 2020

Limitations on Criminalization and the General Part of Criminal Law

Limitations on Criminalization and the General Part of Criminal Law

Chapter:
(p.13) 2 Limitations on Criminalization and the General Part of Criminal Law
Source:
Criminal Law Theory
Author(s):

DOUGLAS N. HUSAK

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199243495.003.0002

This chapter shows how the general part of criminal law might be construed to include doctrines that place significant limitations on criminalisation — on the kinds of conduct that may be subject to punishment in the special part of criminal law. It explains why it is not necessary to embrace a conception of the general part that is neutral about the question of what conduct may be proscribed. It discusses the motivation for including doctrines about criminalisation in the general part of criminal law and describes limitations that might be derived from reflections about the nature of crime. The chapter also argues that the basis of hostility to strict liability might give rise to constraints on the content of offences and derives possible restrictions on criminalisation from the need to justify punishment. It suggests how the need to interpret and apply various defences from liability can preclude enactment of some criminal offences.

Keywords:   criminalisation, criminal law, general part, punishment, crime, strict liability, criminal offences, defences

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .