Why Criminalize
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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.
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.
Criminalizing Atrocity
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Author : Mark S. Berlin
language : en
Publisher: Oxford University Press
Release Date : 2020-03-25
Criminalizing Atrocity written by Mark S. Berlin 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 2020-03-25 with Political Science categories.
Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.
The Legalization Of Drugs
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Author : Doug Husak
language : en
Publisher: Cambridge University Press
Release Date : 2005-08-29
The Legalization Of Drugs written by Doug Husak and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-29 with Philosophy categories.
In the United States today, the use or possession of many drugs is a criminal offense. Can these criminal laws be justified? What are the best reasons to punish or not to punish drug users? These are the fundamental issues debated in this book by two prominent philosophers of law. Douglas Husak argues in favor of drug decriminalization, by clarifying the meaning of crucial terms, such as legalize, decriminalize, and drugs; and by identifying the standards by which alternative drug policies should be assessed. He critically examines the reasons typically offered in favor of our current approach and explains why decriminalization is preferable. Peter de Marneffe argues against drug legalization, demonstrating why drug prohibition, especially the prohibition of heroin, is necessary to protect young people from self-destructive drug use. If the empirical assumptions of this argument are sound, he reasons, drug prohibition is perfectly compatible with our rights to liberty.
Making The Modern Criminal Law
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Author : Lindsay Farmer
language : en
Publisher: Oxford University Press
Release Date : 2016
Making The Modern Criminal Law written by Lindsay Farmer 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 2016 with Law categories.
The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law.
Criminalization Of Activism
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Author : Valeria Vegh Weis
language : en
Publisher: Routledge
Release Date : 2021-12-22
Criminalization Of Activism written by Valeria Vegh Weis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-22 with Social Science categories.
Criminalization of Activism draws on a multiplicity of perspectives and case studies from the Global South and the Global North to show how protest has been subject to processes of criminalization over time. Contributors include scholars and activists from different disciplinary backgrounds, with a balance between authors from the Global North and the Global South. An introduction frames the topic within critical criminology, while also highlighting the possible disciplinary approaches and definitions of criminalization of resistance/activism. The editor also investigates the particularities of the current times in comparison to dynamics of criminalization in prior stages of capitalism. Bringing together a range of criminalization themes into a single volume, compromising historical criminology, Indigenous studies, gender studies, critical criminology, southern criminology and green criminology, it will be of great interest to scholars and students of criminology, social movement theory and social sciences, as well as those involved in activism and with a stand against criminalization.
Criminalizing Atrocity
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Author : Mark S. Berlin
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-02-27
Criminalizing Atrocity written by Mark S. Berlin and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-27 with Political Science categories.
Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.
The Right Not To Be Criminalized
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Author : Dennis J. Baker
language : en
Publisher: Routledge
Release Date : 2016-10-26
The Right Not To Be Criminalized written by Dennis J. Baker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-26 with Criminal justice, Administration of categories.
This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
Constructing Crime
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Author : Joan Brockman
language : en
Publisher: Law and Society
Release Date : 2010
Constructing Crime written by Joan Brockman and has been published by Law and Society this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Social Science categories.
Constructing Crime examines why particular behaviours are defined and enforced as crimes and particular individuals are targeted as criminals. Contributors interrogate notions of crime, processes of criminalization, and the deployment of the concept of crime in five areas - the enforcement of fraud against welfare recipients and physicians, the enforcement of laws against Aboriginal harvesting practices, the perceptions of disorder in public housing projects, and the selective criminalization of gambling. These case studies and an afterword by Marie-Andrée Bertrand challenge us to consider just who is rendered criminal and why.
Coercive Control
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Author : Charlotte Barlow
language : en
Publisher: Routledge
Release Date : 2022-01-18
Coercive Control written by Charlotte Barlow and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-18 with Social Science categories.
This book offers a critical appreciation of the nature and impact of coercive control in interpersonal relationships. It examines what this concept means, who is impacted by the behaviours it captures, and how academics, policymakers, and policy advocates have responded to the increasing recognition of the deleterious effects that coercive control has on especially women’s lives. The book discusses the historical emergence of this concept, who its main proponents have been, and how its effects have been understood. It considers the role of coercive control in making sense of women’s pathway into crime as well as their experiences of it as victims. Coercive control has been presented predominantly as a gendered process, and consideration is given in this book to the efficacy of this assumption as well as the extent to which the concept makes sense for a wide constituency of marginalized women. In recent years, much energy has been given to efforts to criminalize coercive control, and the concerns that these efforts generate are discussed in detail, alongside what the limitations to such initiatives might be. In conclusion, the book situates the rising pre-occupation with coercive control within the broader concerns with policy transfer, ways of taking account of victim-survivor voices, alongside the importance of working towards more holistic policy responses to violence(s) against women. The book will be of particular interest to academics, policymakers, and practitioners working in criminal justice who wish to understand both the nature and extent of coercive control and the importance of appreciating the role of nuance in translating that understanding into practice.