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.
R.A. Duff is a Professor Emeritus in the Philosophy Department at the University of Stirling, and holds the Russell and Elizabeth Bennett Chair at the University of Minnesota Law School. Lindsay Farmer is Professor of Law at the University of Glasgow. S.E. Marshall is a Professor Emeritus in the Department of Philosophy at the University of Stirling, and a Visiting Research Scholar at the University of Minnesota Law School. Massimo Renzo is an Associate Professor in the Department of Philosophy at the University of Warwick. Victor Tadros is Professor of Criminal Law and Legal Theory at the University of Warwick.
1. Introduction: Towards a Theory of Criminalization? ; 2. Quantifying Criminalization ; 3. Criminal Law as an Institution: Rethinking Theoretical Approaches to Criminalization ; 4. Bureaucratic 'Criminal' Law: Too Much of a Bad Thing? ; 5. Criminalization in Republican Theory ; 6. Contractarian Criminal Law Theory and Mala Prohibita Offenses ; 7. Liberty's Constraints on What Should be Made Criminal ; 8. Polygamy: A Novel Test for a Theory of Criminalization ; 9. Civil Peace and Criminalization ; 10. Marginality, Ethnicity, and Penality: A Bourdieusian Perspective on Criminalization ; 11. It Isn't Just About You' - Victims of Crime and Their Associated Duties