How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law’s legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.
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Introduction
Antje du Bois-Pedain, Magnus Ulväng and Petter Asp
1. Punishment and Public Authority
Malcolm Thorburn
2. Extraterritorial Ambit and Extraterritorial Jurisdiction
Petter Asp
3. Police Legitimacy and the Authority of the State
Anthony E Bottoms and Justice Tankebe
4. Security Against Arbitrary Government in Criminal Justice
Lucia Zedner
5. A Constitutional Perspective on the Criminalisation Process in Sweden
Iain Cameron
6. Against the State
Anat Scolnicov
7. Legal Dogmatics, Theory and the Limits of Criminal Law
Erik Svensson
8. The State’s Obligation to Provide a Coherent System of Remedies Across Crime and Tort
Matthew Dyson
9. Punishment as an Inclusionary Practice: Sentencing in a Liberal Constitutional State
Antje du Bois-Pedain
10. Why Privatisation Matters
Alon Harel
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An original theoretical study of the state's authority to make criminal law, eminating from the prestigious Centrefor Penal Theory and Penal Ethics at the University of Cambridge.
This book is a theoretical study of the state's authority to make criminal law, filling a significant gap in the literature.
The series publishes cutting-edge work on penal theory and ethics – both broadly construed – and on their intersections.
It is particularly open to approaches belonging to different intellectual traditions – whether analytical, comparative, or historical – and to interdisciplinary approaches. While the series’s emphasis is theoretical, it is hoped that many of its volumes will highlight some of the ways in which theoretical work relates to practical concerns.
New titles in this series can be found on the Studies in Penal Theory and Ethics series page.
General Editor:
Leo Zaibert
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Produktdetaljer
ISBN
9781509905133
Publisert
2017-05-04
Utgiver
Vendor
Hart Publishing
Vekt
544 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
264