How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.
Antje du Bois-Pedain is Senior Lecturer in the Faculty of Law in the University of Cambridge, and Fellow of Magdalene College, Cambridge. Magnus Ulvang is Professor of Criminal Law at Uppsala University. Petter Asp is Professor of Criminal Law at Stockholm University.
Introduction Antje du Bois-Pedain, Magnus Ulvang and Petter Asp 1. Punishment and Public Authority Malcolm Thorburn 2. Extraterritorial Ambit and Extraterritorial Jurisdiction Petter Asp 3. Police Legitimacy and the Authority of the State Anthony E Bottoms and Justice Tankebe 4. Security Against Arbitrary Government in Criminal Justice Lucia Zedner 5. A Constitutional Perspective on the Criminalisation Process in Sweden Iain Cameron 6. Against the State Anat Scolnicov 7. Legal Dogmatics, Theory and the Limits of Criminal Law Erik Svensson 8. The State's Obligation to Provide a Coherent System of Remedies Across Crime and Tort Matthew Dyson 9. Punishment as an Inclusionary Practice: Sentencing in a Liberal Constitutional State Antje du Bois-Pedain 10. Why Privatisation Matters Alon Harel