Foundations Of Criminal Law

"I came upon some excellent readings for the first time in this book....[It] could admirably serve its intended purpose as supplementary readings in a law school course in the hands of an instructor who wishes to emphasize the philosophical analysis of criminal law."--Law and Politics Book Review

Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.

What is law? What is deviance? What is justice? How is justice achieved through law, punishment, and criminal justice agencies? Now in its third edition, Foundations of Criminal Justice uses a unique approach that provides students with the framework and the intellectual tools that they will need in order to critically analyze and evaluate the nature, sources, scope, purposes, and practical limitations of the criminal justice system. This is the only introductory survey text that moves beyond a description of the criminal justice system, helping students understand the role of criminal justice in their lives as criminal justice practitioners and as active citizens.

The criminal justice system is a key social institution pertinent to the lives of citizens everywhere. Fundamentals of Criminal Justice: A Sociological View, Second Edition provides a unique social context to explore and explain the nature, impact, and significance of the criminal justice system in everyday life. This introductory text examines important sociological issues including class, race, and gender inequality, social control, and organizational structure and function.

"This text offers a broad and basic survey of Canadian Law and its subdivisions and aims to ensure readers are able to analyze and classify offences and identify possible defences in criminal cases."--