Oxford Index Browse

You are looking at 1-10 of 129 items for:

Criminal Law x Jurisprudence and Philosophy of Law x clear all

Refine by type

Refine by product

 

‘A Voice Within’: Power-Holders’ Perspectives On Authority And Legitimacy

Anthony Bottoms and Justice Tankebe.

in Legitimacy and Criminal Justice

November 2013; p ublished online January 2014 .

Chapter. Subjects: Criminal Law; Jurisprudence and Philosophy of Law. 11959 words.

Legitimacy is now a well-established concept in the literature on criminal justice. However, the research so far completed has focused almost exclusively on what might be called audience...

Go to Oxford Scholarship Online »  abstract

Bureaucratic ‘Criminal’ Law

Jeremy Horder.

in Criminalization

December 2014; p ublished online January 2015 .

Chapter. Subjects: Criminal Law; Jurisprudence and Philosophy of Law. 17027 words.

This chapter argues for the legitimacy of ‘regulatory’ criminal law. Historically more significant as a feature of statecraft than its critics have been prepared to admit, the chapter...

Go to Oxford Scholarship Online »  abstract

Causation: Metaphysics or Intuition?

Richard W. Wright.

in Legal, Moral, and Metaphysical Truths

April 2016; p ublished online June 2016 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Criminal Law. 9015 words.

Moore argues that causation plays a pervasive and generally determinate role in attributions of legal responsibility. His argument relies heavily on supposed common intuitions. Yet such...

Go to Oxford Scholarship Online »  abstract

Civil Peace and Criminalization

Anthony Bottoms.

in Criminalization

December 2014; p ublished online January 2015 .

Chapter. Subjects: Criminal Law; Jurisprudence and Philosophy of Law. 20937 words.

The late Neil MacCormick, in his Institutions of Law, made some important but underdeveloped claims about the relationship between civil peace and the role of the criminal law in...

Go to Oxford Scholarship Online »  abstract

Clarifying the Significance of Public Opinion for Sentencing Policy and Practice<sup>1</sup>

Julian V. Roberts.

in Popular Punishment

June 2014; p ublished online May 2014 .

Chapter. Subjects: Criminal Law; Jurisprudence and Philosophy of Law. 10455 words.

Although it is held that there are both deontological and instrumental reason for public input into sentencing policy and practice, this chapter argues that public input should be strictly...

Go to Oxford Scholarship Online »  abstract

Codification

Lindsay Farmer.

in Making the Modern Criminal Law

January 2016; p ublished online March 2016 .

Chapter. Subjects: Criminal Law; Jurisprudence and Philosophy of Law. 13485 words.

This chapter looks at the question of codification. It begins by clarifying the meaning of codification as a practice and its link to the institutionalization of the criminal law. It is...

Go to Oxford Scholarship Online »  abstract

Coercion and Consent

Victor Tadros.

in Wrongs and Crimes

December 2016; p ublished online February 2017 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Criminal Law. 10501 words.

Coercion sometimes makes consent invalid. This chapter focuses on when this is so and why, focusing especially on consent to sex. It begins by rejecting the view that threats undermine...

Go to Oxford Scholarship Online »  abstract

Conceptual Breakage and Reconstruction

Michael H. Shapiro.

in Legal, Moral, and Metaphysical Truths

April 2016; p ublished online June 2016 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Criminal Law. 9129 words.

The chapter’s aim is to apply Michael Moore’s view of the role of natural law in interpreting the US Constitution. The analytic vehicles are issues occasioned by technology’s fragmentation...

Go to Oxford Scholarship Online »  abstract

Conceptualizing Hate Crime for Restorative Justice

Mark Austin Walters.

in Hate Crime and Restorative Justice

April 2014; p ublished online June 2014 .

Chapter. Subjects: Criminal Law; Jurisprudence and Philosophy of Law. 12053 words.

Chapter 1 of the book begins by looking at both legal and criminological definitions of hate crime. Understanding these different conceptualizations of the phenomenon is intrinsic to the...

Go to Oxford Scholarship Online »  abstract

Conceptualizing Restorative Justice for Hate Crime

Mark Austin Walters.

in Hate Crime and Restorative Justice

April 2014; p ublished online June 2014 .

Chapter. Subjects: Criminal Law; Jurisprudence and Philosophy of Law. 11226 words.

Chapter 2 introduces the reader to the theory and practice of RJ. Drawing on a largely reparative conception of restorative practice, the chapter explores how dialogical and participatory...

Go to Oxford Scholarship Online »  abstract