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. The philosophy of criminal law selected essays douglas husak. 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. The need for a theory of criminalization the nature of the criminal law inadequate theories of criminalization a better approach to criminalization ref. Oxford handbook of philosophy of criminal law oxford handbooks. Theories of criminal law stanford encyclopedia of philosophy. 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.
Feb 01, 2012 husak tries to be firmly anchored in existing criminal law while drawing heavily from contemporary moral, political and social philosophy. Any theory of criminal law must explain why criminal law is distinctivewhy it is a body of law. 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. These appearances reflect a fair proportion of the reality. These articles cover a broad range of topics about the nature of penal liability, criminal law culpability, defences, and the justification of punishment. 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. Aug 17, 2014 philosophy of law is not among the eight bar subjects. Criminal law, philosophy and public health practice edited by.
Methodologically, the aim is to historicise the structure as well as the content of criminal law within a socio. It is concerned with legal punishment as the domain. This article presents the major philosophical issues within criminal law and their relationships to each other. This is a comprehensive handbook in the philosophy of criminal law. 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. In it, i resist perebooms manipulation argument for incompatibilism and his indictment of desertbased accounts of moral responsibility. Five preeminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. This entry begins by identifying features of criminal law that make this so 1. Hart and patrick devlin are examined, as are the empirical and policy claims of paul robinson and his collaborators.
A companion to philosophy of law and legal theory, second edition edited by dennis patterson 9. Any theory of criminal law must explain why criminal law is distinctivewhy it is a body of law worthy of separate attention. An international journal for philosophy of crime, criminal law and punishment. Cambridge core criminal law international criminal law and philosophy edited by larry may. The roman lawyer, cicero, drawing on stoic philosophy, usefully identi. 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. But this does not mean that it is useless in taking the bar exams. The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment.
It gives readers access to the latest thinking by the fields best scholars. Selfdefence is a common law defence, but is has been clarified by section 3. Elliott and quinns criminal law 8th edition is an established, reliable and popular textbook, covering english criminal law comprehensively, but concisely. 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. The nature of law stanford encyclopedia of philosophy. Philosophy of law is not among the eight bar subjects. It is so much easier to memorize and comprehend the subject matter when it is simplified this way. The philosophy of criminal law douglas husak oxford. The life of the criminal law begins with criminalization. Written firmly with the undergraduate and gdl student in mine, this lively, clear and accurate guide to the law will help you to understand. General jurisprudence, as this philosophical inquiry about the nature of law is. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. Collects in one volume the most influential essays by a major figure in contemporary criminal law theory.
The last piece in this part is by green and is on sexual offenses. However, becoming proficient in the law takes more. 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. Download international criminal law and philosophy. Criminal law and philosophy, volume 0, issue 0 springer. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a. 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. Free criminal law books download ebooks online textbooks. 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. 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. Criminal law and philosophy fills a gap in the scholarly literature by providing a. 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. Criminal law uses a twostep process to augment learning, called the applied approach.
Criminal law and philosophy, volume, issue 2 springer. 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. Why the criminal justice system should give kids a break stephen j. 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. Criminal law, philosophy and public health practice. Topics addressed include crime and criminalization. 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. 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. Strictly speaking, however, jurisprudence concerns the theoretical analysis of law at the highest level of abstraction e. But that sociological point seems inadequate as a philosophy of criminal law.
B a system of criminal law modern criminal law is composed of three component parts. His most recent book with kimberly ferzan is crime and culpability. Selfdefence is a full defence in criminal law to many crimes including murder, and a defendant may defend himself or another. Hart, critique of legal realism in the concept of law 1961 1. This book treats problems in the epistemology of the law. International criminal law and philosophy edited by larry may. 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. A revised version of the paper is to appear in criminal law and 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.
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. A companion to philosophy of mind edited by samuel guttenplan 7. General interest philosophy and the criminal law by r. 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. 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. Many examinees fail because they lack philosophical aptitude and legal reasoning. An introduction to the philosophy of law online library of. A companion to philosophy ofeligion r edited by philip l.
General jurisprudence, as this philosophical inquiry about the nature of law is called, is meant to be universal. Learn more about the principles and types of criminal law in this article. The sistervolumes philosophical foundations of international criminal law. 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. The purposes of criminal law it is easy to think of criminal law as an instrument of oppression or at least of repression, a matter of the might of the state pitted against the meagre resources of the offender. 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. Criminal law, philosophy and public health practice edited. 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. Constitutional protections, the legal system in the united. A theory of criminal law cambridge university press, 2009. Thus, philosophy of law addresses such diverse topics as theories of contract law, theories of criminal punishment, theories of tort liability, and the. 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. In truth, the foundation of all bar subjects is philosophy.
Michael mckenna 2017 criminal law and philosophy 11 3. Husak tries to be firmly anchored in existing criminal law while drawing heavily from contemporary moral, political and social philosophy. 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. 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. 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. 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. Oxford handbook of philosophy of criminal law oxford. Failing to do so would undermine the very justifiability of imposing criminal punishment in a liberal democracy. Symposium on political philosophy and the criminal lawsymposium on douglas husaks philosophy of criminal law. 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. Selfdefence is a common law defence, but is has been clarified by section 3 of the criminal law act 1967. 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. Symposium on political philosophy and the criminal law symposium on douglas husaks philosophy of criminal law.
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