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Defining Crimes
Essays on The Special Part of the Criminal Law
R.A. Duff and Stuart Green
268 pages
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234x156mm
978-0-19-926922-8
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Hardback
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25 August 2005
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- Editor R.A. Duff has an outstanding reputation as one of the finest contemporary theorists of the philosophy of criminal law
- The book has a unique theoretical focus: the 'special part' of criminal law is an area that has not been the centre of analysis before
- The book explores issues of relevance across many jurisdictions, including the UK, USA, Australasia and Canada.
This 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.Readership: Primary readership: academics, postgraduate and higher level undergraduate students, in criminal law and legal philosophy.
Secondary readership: academics in criminology; judges; practitioners.
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R.A. Duff, Professor, Department of Philosophy, University of Stirling, and Stuart Green, Louis B Porterie Professor of Law, Louisiana State University Contributors:
R A Duff & Stuart P Green
Jeremy Horder
Douglas Husak
Markus Dirk Dubber
Stephen Shute
Claire Finkelstein
Kyron Huigens
Victor Tadros
A P Simester and G R Sullivan
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"This book..constitutes a welcome and timely contribution to what is undoubtedly a growing interest in this field" - The British Journal of Criminology
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1: R A Duff & Stuart P Green: Introduction: Defining Crimes
2: Jeremy Horder: The Classification of Crimes and the Special Part of the Criminal Law
3: R A Duff: Criminalizing Endangerment
4: Douglas Husak: Malum Prohibitum and Retributivism
5: Markus Dirk Dubber: The Possession Paradigm: The Special Part and the Police Power Model of the Criminal Process
6: Victor Tadros: The Distinctiveness of Domestic Violence: a Freedom Based Account
7: Stuart P Green: What's Wrong with Bribery
8: A P Simester and G R Sullivan: On the Nature and Rationale of Property Offences
9: Kyron Huigens: Is Strict Liability Rape Defensible?
10: Claire Finkelstein: Merger and Felony Murder
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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