We are said to face a crisis of over-criminalization: our criminal law
has become chaotic, unprincipled, and over-expansive. This book
proposes a normative theory of criminal law, and of criminalization,
that shows how criminal law could be ordered, principled, and
restrained. The theory is based on an account of criminal law as a
distinctive legal practice that functions to declare and define a set
of public wrongs, and to call to formal public account those who
commit such wrongs; an account of the role that such practice can play
in a democratic republic of free and equal citizens; and an account of
the central features of such a political community, and of the way in
which it constitutes its public realm-its civil order. Criminal law
plays an important, but limited, role in such a political community in
protecting, but also partly constituting, its civil order. On the
basis of this account, we can see how such a political community will
decide what kinds of conduct should be criminalized - not by applying
one or more of the substantive master principles that theorists have
offered, but by considering which kinds of conduct fall within its
public realm (as distinct from the private realms that are not the
polity's business), and which kinds of wrong within that realm require
this distinctive kind of response (rather than one of the other kinds
of available response). The outcome of such a deliberative process
will probably be a more limited, and a more rational and principled,
criminal law.
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Produktdetaljer
ISBN
9780191058585
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter