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Criminal Law in the Age of the Administrative State | Oxford Scholarship Online
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Criminal Law in the Age of the Administrative State

Vincent Chiao

Abstract

What is the criminal law for? At its most elemental, criminal law secures the possibility of a shared life under stable and just public institutions. In the age of the administrative state, criminal law performs this task by stabilizing cooperation across a wide range of contexts, from backstopping compliance with tax law to protecting the integrity of a nation’s fisheries. How should we decide when this is a legitimate use of the criminal law? The “public law” conception sketched in this book suggests that because the criminal law is a public institution, it should be evaluated by the very sa ... More

Keywords: punishment, criminal law, criminal justice, equality, administrative state, capabilities, mass incarceration, criminalization

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780190273941
Published to Oxford Scholarship Online: December 2018 DOI:10.1093/oso/9780190273941.001.0001

Authors

Affiliations are at time of print publication.

Vincent Chiao, author
Associate Professor of Law, University of Toronto