By Stephen Shute, Andrew Simester
Written through best philosophers and attorneys from the us and the uk, this selection of unique essays deals new insights into the doctrines that make up the overall a part of the legal legislations. It sheds theoretical mild at the range and cohesion of the final half and advances our figuring out of such key matters as criminalisation, omissions, voluntary activities, wisdom, trust, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.
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Extra resources for Criminal Law Theory: Doctrines of the General Part (Oxford Monographs on Criminal Law and Justice)
In the face of that crisis, and of an apparently ever-expanding criminal law, theorists tend to focus on the question of how that expansion can be constrained or limited: can we find, and if so how can we make efficacious, principles that will set limits on what may be criminalized? 65 In similar vein, Carol Steiker's contribution to this volume focuses on the urgent problems raised by ‘this era of overcriminalization and the related problem of over punishment’,66 and then looks for ways in which actors other than official legislators can use their discretion to limit the reach or impact of the criminal law.
13 The force of this meta-question depends on how we should understand the criminal law. 6) will of course be constraints that limit the state's proper use of its coercive powers, but these too will not be unique to criminal law: they will bear equally on any regulatory regime. If, on the other hand, the criminal law has a distinctive character or distinctive aims of its own; if it is not just one technique among others for regulating behaviour, then it is worth asking our question about the kinds of conduct that should be subjected to this distinctive kind of regulation.
III The Boundaries of the Criminal Law The focus of this volume is on the boundaries of the criminal law. It thus deals in a sense with what can be considered a central question of the project—the question of what normative limits there ought to be on the creation of criminal offences. As we have seen, work on the limits of the criminal law has been dominated by the harm principle. Discussion of that principle figures in this book, but the contributions collected here have a much more varied and broader scope.
Criminal Law Theory: Doctrines of the General Part (Oxford Monographs on Criminal Law and Justice) by Stephen Shute, Andrew Simester