Philosophical Foundations of Criminal Law

Philosophical Foundations of Criminal Law
Author :
Publisher : OUP Oxford
Total Pages : 560
Release :
ISBN-10 : 9780191654695
ISBN-13 : 0191654698
Rating : 4/5 (95 Downloads)

Synopsis Philosophical Foundations of Criminal Law by : R. A. Duff

Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

International Criminal Law and Philosophy

International Criminal Law and Philosophy
Author :
Publisher : Cambridge University Press
Total Pages : 269
Release :
ISBN-10 : 9781139482028
ISBN-13 : 1139482025
Rating : 4/5 (28 Downloads)

Synopsis International Criminal Law and Philosophy by : Larry May

This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

Rethinking Criminal Law Theory

Rethinking Criminal Law Theory
Author :
Publisher : Bloomsbury Publishing
Total Pages : 334
Release :
ISBN-10 : 9781847319036
ISBN-13 : 1847319033
Rating : 4/5 (36 Downloads)

Synopsis Rethinking Criminal Law Theory by : Francois Tanguay-Renaud

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University

Philosophical Foundations of International Criminal Law

Philosophical Foundations of International Criminal Law
Author :
Publisher : Torkel Opsahl Academic EPublisher
Total Pages : 812
Release :
ISBN-10 : 9788283481181
ISBN-13 : 8283481185
Rating : 4/5 (81 Downloads)

Synopsis Philosophical Foundations of International Criminal Law by : Morten Bergsmo

This first edition of Philosophical Foundations of International Criminal Law: Correlating Thinkers contains 20 chapters about renowned thinkers from Plato to Foucault. As the first volume in the series "Philosophical Foundations of International Criminal Law", the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law.

Principles of International Criminal Law

Principles of International Criminal Law
Author :
Publisher : Oxford University Press
Total Pages : 711
Release :
ISBN-10 : 9780198703594
ISBN-13 : 0198703597
Rating : 4/5 (94 Downloads)

Synopsis Principles of International Criminal Law by : Gerhard Werle

Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

The Oxford Handbook of Philosophy of Criminal Law

The Oxford Handbook of Philosophy of Criminal Law
Author :
Publisher : Oxford University Press
Total Pages : 540
Release :
ISBN-10 : 9780195314854
ISBN-13 : 0195314859
Rating : 4/5 (54 Downloads)

Synopsis The Oxford Handbook of Philosophy of Criminal Law by : John Deigh

This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.

The Philosophy of International Law

The Philosophy of International Law
Author :
Publisher : Oxford University Press
Total Pages : 626
Release :
ISBN-10 : 9780199208586
ISBN-13 : 0199208581
Rating : 4/5 (86 Downloads)

Synopsis The Philosophy of International Law by : Samantha Besson

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

Piracy and the Origins of Universal Jurisdiction

Piracy and the Origins of Universal Jurisdiction
Author :
Publisher : BRILL
Total Pages : 290
Release :
ISBN-10 : 9789004390461
ISBN-13 : 9004390464
Rating : 4/5 (61 Downloads)

Synopsis Piracy and the Origins of Universal Jurisdiction by : Mark Chadwick

In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.

The Philosophical Foundations of Extraterritorial Punishment

The Philosophical Foundations of Extraterritorial Punishment
Author :
Publisher :
Total Pages : 187
Release :
ISBN-10 : 019172517X
ISBN-13 : 9780191725173
Rating : 4/5 (7X Downloads)

Synopsis The Philosophical Foundations of Extraterritorial Punishment by :

The principle of extraterritorial punishment, which enables national courts to exert jurisdiction over crimes committed abroad by nationals of other states, has become more accepted. This book provides an account and critique of this form of jurisdiction, exploring its links to globalization, terrorism and transnational crime.