Over Criminalization Of Conduct
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Over Criminalization Of Conduct Over Federalization Of Criminal Law
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
language : en
Publisher:
Release Date : 2010
Over Criminalization Of Conduct Over Federalization Of Criminal Law written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Criminal jurisdiction categories.
Over Criminalization Of Conduct
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
language : en
Publisher:
Release Date : 2010
Over Criminalization Of Conduct written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Over Federalization
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Author : United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2014
language : en
Publisher:
Release Date : 2014
Over Federalization written by United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2014 and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Criminal jurisdiction categories.
Defining The Problem And Scope Of Over Criminalization And Over Federalization
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Author : United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2013
language : en
Publisher:
Release Date : 2013
Defining The Problem And Scope Of Over Criminalization And Over Federalization written by United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2013 and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Criminal jurisdiction categories.
Overcriminalization
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Author : Douglas Husak
language : en
Publisher: Oxford University Press
Release Date : 2008-01-08
Overcriminalization written by Douglas Husak and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-08 with Law categories.
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Criminalization
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Author : R A Duff
language : en
Publisher: OUP Oxford
Release Date : 2014-12-04
Criminalization written by R A Duff and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-04 with Law categories.
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.
Overcriminalization
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Author : Douglas Husak
language : en
Publisher: Oxford University Press
Release Date : 2008-01-08
Overcriminalization written by Douglas Husak and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-08 with Law categories.
America suffers from too much criminal law and too much punishment, which produces massive injustice. To rectify this injustice, we need to defend and implement a theory of criminalisation: a set of constraints that limit the authority of states to enact and enforce penal offenses.
Why Criminalize
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Author : Thomas Søbirk Petersen
language : en
Publisher: Springer Nature
Release Date : 2019-11-28
Why Criminalize written by Thomas Søbirk Petersen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization.
Crimes Harms And Wrongs
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Author : A P Simester
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-06-24
Crimes Harms And Wrongs written by A P Simester and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-24 with Law categories.
When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak
Criminalising Harmful Conduct
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Author : Nina Persak
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-06-04
Criminalising Harmful Conduct written by Nina Persak and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-04 with Social Science categories.
This book explores the issue of legitimate criminalization in a modern, liberal society. It argues that criminalization should be limited by normative principles, defining the substance of what can be legitimately proscribed. Coverage provides a comparative study between two major criminal legal systems and its theories: the Anglo-American, on one side, and the Continental criminal legal system of Germanic legal circle, on the other.