Essays on The Special Part of the Criminal Law
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Defining Crimes by R. A. Duff
Book DescriptionThis collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis.
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Book DetailsISBN: 9780199269228
(242mm x 162mm x 20mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 25-Aug-2005
Country of Publication: United Kingdom
Books By Author R. A. Duff
Criminalization, Hardback (December 2014)
The fourth book in the landmark Criminalization series examines the political morality of the criminal law, exploring general principles and theories of criminalization.
Philosophical Foundations of Criminal Law, Paperback (January 2013)
Philosophical Foundations of Criminal Law gathers leading theorists to present original work on a range of foundational questions in criminal law theory. The volume provides an overview of current philosophical work on the criminal law, setting an agenda for further research and debate.
Constitution of the Criminal Law, Hardback (January 2013)
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.
Structures of the Criminal Law, Hardback (December 2011)» View all books by R. A. Duff
The second book in the Criminalization series examines the structures of criminal law - the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal structures and social and political structures.
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Author Biography - R. A. Duff
Professor Stuart P. Green, Louis B Porterie Professor of Law, Louisiana State University Graduate of Yale Law School; has taught at Louisiana State University since 1995. Fulbright Distinguished Scholar in U.K. 2002-03.
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