Book

The Boundaries of the Criminal Law

Edited by R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo and Victor Tadros

Published in print November 2010 | ISBN: 9780199600557
Published online September 2011 | e-ISBN: 9780191729171 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199600557.001.0001

Series: Criminalization

The Boundaries of the Criminal Law

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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

Book.  288 pages. 

Subjects: Criminal Law

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Table of Contents

Introduction: The Boundaries of the Criminal Law in The Boundaries of the Criminal Law

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Perversions and Subversions of Criminal Law in The Boundaries of the Criminal Law

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Horrific Crime<sup>*</sup> in The Boundaries of the Criminal Law

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Criminalization and Regulation in The Boundaries of the Criminal Law

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Criminal Law between Public and Private Law in The Boundaries of the Criminal Law

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