Tuesday, January 23, 2018
R. A. Duff (University of Stirling - Department of Philosophy) has posted Introduction: A Theory of Criminalization? (Forthcoming, The Realm of Criminal Law (Oxford University Press)) on SSRN. Here is the abstract:
This introductory chapter to The Realm of Criminal Law (forthcoming from Oxford University Press) provides the context for the book—the widely held belief that we face a crisis of criminalization (or over-criminalization), and a criminal law that has become chaotic and unprincipled. One useful response to such a crisis is to articulate a normative theory of criminal law, which will help us to see what criminal law ought to be (and thus to identify more clearly the radical defects in our criminal law): that is what this book will do. The Introduction also comments on the book’s method—a process of rational reconstruction that begins from salient features of our existing practices, and aims to make normative sense of them. Finally, it sketches the aims and contents of the chapters to follow.