This article presents the major philosophical issues within criminal law and their relationships to each other. But that sociological point seems inadequate as a philosophy of criminal law. Criminal law theory the blackwell guide to the philosophy. It then asks what functions that body of law fulfills 2, and what justifies its creation and continued existence 3.
There is a lot of space between the abstractions of general political morality and the detailed provisions of a criminal code or body of criminal law. Written firmly with the undergraduate and gdl student in mine, this lively, clear and accurate guide to the law will help you to understand. The new philosophy of criminal law explores some important trends in the contemporary philosophy of criminal law the volume serves as a valuable reminder that, although philosophy as a discipline often can be detached from real world issues, it must not necessarily be so. In it, i resist perebooms manipulation argument for incompatibilism and his indictment of desertbased accounts of moral responsibility. A theory of criminal law cambridge university press, 2009. In this paper i critically assess derk perebooms book, free will, agency, and meaning in life. The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. It is so much easier to memorize and comprehend the subject matter when it is simplified this way.
There are many ways to organize this field, but i would start by observing that we can divide the world of philosophy of criminal law into two different types of theorizing. Morals and the criminal law 179 of what has hitherto been accepted as the basis of the criminal law and that is that there are certain standards of behaviour or moral principles which society requires to be observed. His most recent book with kimberly ferzan is crime and culpability. Selfdefence is a common law defence, but is has been clarified by section 3. Written by philosophers and lawyers from the united states and the united kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. International criminal law and philosophy edited by larry may. The need for a theory of criminalization the nature of the criminal law inadequate theories of criminalization a better approach to criminalization ref. General jurisprudence, as this philosophical inquiry about the nature of law is. The life of the criminal law begins with criminalization.
An international journal for philosophy of crime, criminal law and punishment. It is concerned with legal punishment as the domain. A companion to philosophy of mind edited by samuel guttenplan 7. However, becoming proficient in the law takes more. Cambridge core criminal law international criminal law and philosophy edited by larry may. Many examinees fail because they lack philosophical aptitude and legal reasoning. This examination of the interface between criminal law and public health brings together international experts from a variety of disciplines, including law, criminology, public health, philosophy and health policy, in order to examine the theoretical and practical implications of using criminal law to. Green has some interesting things to say about them, but the piece seems oddly specific in a section on the function of the criminal law. Request pdf the philosophy of criminal law in this fairly lengthy essay, i attempt to bring theoretical unity to the general part of the criminal law by viewing the issues of the general.
The theory of criminal justice has deep connections to other areas of philosophy, such as political philosophy and ethics, as well as to criminal justice in practice. The philosophy of criminal law selected essays douglas husak. An introduction to the philosophy of law online library of. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Oxford handbook of philosophy of criminal law oxford handbooks. Presents husaks original and provocative views on the central topics in the philosophy of criminal law, from the justification of punishment to the nature of criminal liability. Take for example, constitutional law and criminal law. For twentyfour hundred yearsfrom the greek thinkers of the fifth century bc, who asked whether right was right by nature or only by enactment and convention, to the social philosophers of today, who seek the ends, the ethical basis and the enduring principles of social controlthe philosophy of law has taken a leading role in all study of human. Philosophical foundations of international criminal law. Rather, it sees philosophy of international criminal law as a discourse space, which includes a correlational or historical, b conceptual or analytical, and c interest or valuebased approaches. Philosophers of law are also concerned with a variety of philosophical problems that arise in particular legal subjects, such as constitutional law, contract law, criminal law, and tort law. This book treats problems in the epistemology of the law. Download the ebook international criminal law and philosophy paperback larry may, zachary hoskins in pdf or epub format and read it directly on your mobile phone, computer or any device.
Elliott and quinns criminal law 8th edition is an established, reliable and popular textbook, covering english criminal law comprehensively, but concisely. Any theory of criminal law must explain why criminal law is distinctivewhy it is a body of law. This entry begins by identifying features of criminal law that make this so 1. Criminal law and philosophy fills a gap in the scholarly literature by providing a. The nature of law stanford encyclopedia of philosophy.
Why the criminal justice system should give kids a break stephen j. Any theory of criminal law must explain why criminal law is distinctivewhy it is a body of law worthy of separate attention. It contains seventeen essays by thinkers in the field and covers the fields major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and selfdefense, insanity, punishment. Elliott and quinns criminal law 8th edition is an established, reliable and popular textbook, covering english criminal law comprehensively, but download criminal law pdf genial ebooks download the ebook criminal law in pdf or epub format and read it directly on your mobile phone, computer or any device. Criminal law, philosophy and public health practice. This general question about the nature of law presupposes that law is a unique socialpolitical phenomenon, with more or less universal characteristics that can be discerned through philosophical analysis. Criminal law and philosophy fills a gap in the scholarly literature by providing a platform for articles that take a philosophical perspective on any issue in the broad field of crime and punishment. Topics addressed include crime and criminalization. Constitutional protections, the legal system in the united. It gives readers access to the latest thinking by the fields best scholars. Thus, philosophy of law addresses such diverse topics as theories of contract law, theories of criminal punishment, theories of tort liability, and the.
Selfdefence is a full defence in criminal law to many crimes including murder, and a defendant may defend himself or another. Theories of criminal law stanford encyclopedia of philosophy. Criminal law begins with the foundations of law and the legal system and then extensively explores criminal laws and defenses using general state principles, federal law, the constitution, and the model penal code as guidelines. Criminal law, philosophy and public health practice edited by. Feb 01, 2012 husak tries to be firmly anchored in existing criminal law while drawing heavily from contemporary moral, political and social philosophy. Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, larry laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Methodologically, the aim is to historicise the structure as well as the content of criminal law within a socio. Oxford handbook of philosophy of criminal law oxford. This is a comprehensive handbook in the philosophy of criminal law. Criminal law and philosophy, volume, issue 2 springer. But this does not mean that it is useless in taking the bar exams. The last piece in this part is by green and is on sexual offenses. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct.
Hart and patrick devlin are examined, as are the empirical and policy claims of paul robinson and his collaborators. Philosophy of law is not among the eight bar subjects. This examination of the interface between criminal law and public health brings together international experts from a variety of disciplines, including law, criminology, public health, philosophy and health policy, in order to examine the theoretical and practical implications of using criminal law to improve public health. At some time in the development of each society, when one person injured another, it became the responsibility of the victim or the victims family to seek redress. A companion to philosophy of law and legal theory, second edition edited by dennis patterson 9. These articles cover a broad range of topics about the nature of penal liability, criminal law culpability, defences, and the justification of punishment. The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. Strictly speaking, however, jurisprudence concerns the theoretical analysis of law at the highest level of abstraction e. Hart, critique of legal realism in the concept of law 1961 1. B a system of criminal law modern criminal law is composed of three component parts. In this fairly lengthy essay, i attempt to bring theoretical unity to the general part of the criminal law by viewing the issues of the general part the voluntary act requirement, mens rea, culpability, attempts, defenses, etc. Husak tries to be firmly anchored in existing criminal law while drawing heavily from contemporary moral, political and social philosophy. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court.
General interest philosophy and the criminal law by r. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a. These appearances reflect a fair proportion of the reality. Criminal law, philosophy and public health practice edited. Free criminal law books download ebooks online textbooks. Symposium on political philosophy and the criminal lawsymposium on douglas husaks philosophy of criminal law. Criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. In truth, the foundation of all bar subjects is philosophy. Failing to do so would undermine the very justifiability of imposing criminal punishment in a liberal democracy. There is a difference, crucial for understanding of law, between the truth that if a statute is to be law, the courts must accept the rule that certain legislative operations make law, and the misleading theory. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. Criminal law uses a twostep process to augment learning, called the applied approach. The sistervolumes philosophical foundations of international criminal law.
First, after building a strong foundation from scratch, criminal law introduces you to crimes and defenses that have been broken down into separate components. The philosophy of criminal law by larry alexander ssrn. Learn more about the principles and types of criminal law in this article. The roman lawyer, cicero, drawing on stoic philosophy, usefully identi.
Download international criminal law and philosophy. Criminal law and philosophy, volume 0, issue 0 springer. The philosophy of criminal law douglas husak oxford. Aug 17, 2014 philosophy of law is not among the eight bar subjects. Duff and others published the philosophy of criminal law. A companion to philosophy ofeligion r edited by philip l. Criminal law rests upon a linguistic way of thinking these factors construct a kind of normative skeleton able to define and classify crimes and apply and give meaning to general legal principles via a particular fact situation. Five preeminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Collects in one volume the most influential essays by a major figure in contemporary criminal law theory. General jurisprudence, as this philosophical inquiry about the nature of law is called, is meant to be universal. About the institute the institute for law and philosophy provides a forum in which faculty from across the university, along with interested students, explore topics of mutual interest related to legal, moral, and political philosophy.
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