criminal law and the authority of the state

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Criminal Law And The Authority Of The State

Author : Antje du Bois-Pedain
ISBN : 9781509905140
Genre : Law
File Size : 67. 60 MB
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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.

State Constitutions And Criminal Justice

Author : Barry Latzer
ISBN : 9780313261121
Genre : Law
File Size : 34. 67 MB
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The new "judicial federalism" is a significant development in American law: more cases are being decided by state constitutions than ever before in history. In this book, Latzer provides the most thorough treatment available of the criminal law aspects of the New Federalism. His thoroughly researched and documented analysis of the state law movement covers all fifty states over the past two decades. This is an important resource for anyone concerned with the political-ideological tension between federal and state courts.

A Treatise On The Criminal Law And Criminal Courts Of The State Of New York

Author : Oliver Lorenzo Barbour
ISBN : CHI:49855594
Genre : Criminal law
File Size : 28. 70 MB
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The Constitution Of Criminal Law

Author : Malcolm Thorburn
ISBN : 1243727500
Genre :
File Size : 53. 12 MB
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This thesis concerns the way in which the criminal law regulates not only the conduct of ordinary citizens acting at arm's length from the state, but also the actions of state officials. I argue that criminal law justification defenses are the primary mechanisms by which the law integrates the regulation of state conduct into ordinary criminal law. Thus, justification defenses are best understood as grants of discretion to officials to act in furtherance of the state's tasks, including law enforcement. Because they are formulated in terms of grants of discretion, justification defenses introduce an element of public law into ordinary criminal law: the core role of courts in reviewing claims of justification is to ensure that the public officials acted within their authority, fairly and reasonably. The account of criminal law put forward here is fundamentally at odds with the dominant traditions in criminal law theory. In addition to arguing for this view, I also suggest that there are good reasons---both doctrinal and normative---to reject the tradition "legal moralist" account of criminal law. According to this view, criminal law's role is to identify moral wrongdoing and to call wrongdoers to account. It gives no special role to those who are carrying out the necessary task of enforcing the law in the name of the state. I also argue that the best way to understand the structure of public law discretion is under a model of fiduciary duties: public officials have the authority to make decisions in the name of the people but only insofar as they exercise that authority in the best interests of the people. Following on this insight, I suggest that the German constitutional court's decision in the famous "plane case" was in keeping with approach to justifications and the state's role. I also argue that the state's freedom to outsource policing functions to private contractors is limited by its duty not to delegate essential state functions. Finally, I argue that the model of justification put forward here requires that certain key policing functions be undertaken by state officials rather than by private contractors. Although it is acceptable for private parties to take over public functions when there is simply no other alternative, it would undermine the legitimacy of the policing function if it because the norm for private actors to take on these essential state functions.

The Police Power

Author : Markus Dirk Dubber
ISBN : 0231132077
Genre : Law
File Size : 70. 2 MB
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Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police -- the most expansive and least limitable of governmental powers -- by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.

The Emerging System Of International Criminal Law

Author : Lyal S. Sunga
ISBN : 9041104720
Genre : Law
File Size : 35. 67 MB
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How far has the world come in creating a system of international criminal law? As global society grows ever more interdependent, international crime is increasingly regarded as a serious threat. Now is the time for the international community to produce more comprehensive solutions to prevent, punish & deter crimes under international law. In this book, the author focuses on recent developments in codification & implementation to evaluate prospects for the emergence of a unified system of international criminal law, characterized by broad & coherent material coverage, as well as fair & effective institutional implementation. To this end, he sketches the normative contours of international criminal law by exploring the history, content & legal status of the relevant norms against the background of the work of the International Law Commission. He then surveys patterns in existing means of implementation at both the inter-State & international levels, examining key issues relating to the acquisition of custody over the alleged offender, the role of the extradition system & the use of international criminal tribunals. Finally, the author identifies the essential properties for the emergence of a good system of international criminal law & locates the development & future prospects of this field within the main historical dynamics of international legal cooperation.

Foundational Texts In Modern Criminal Law

Author : Markus D Dubber
ISBN : 9780191654626
Genre : Law
File Size : 71. 75 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Criminal Law In The Age Of The Administrative State

Author : Vincent Chiao
ISBN : 9780190920838
Genre : Law
File Size : 25. 84 MB
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What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

Policing The City

Author : Andrew Todd Harris
ISBN : 9780814209660
Genre : History
File Size : 81. 73 MB
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In Policing the City, Harris seeks to explain the transformation of criminal justice, particularly the transformation of policing, between the 1780s and 1830s in the City of London. As utilitarian legal reformers argued that criminal deterrence ought to be based on certain and rational punishment rather than random execution, they also had to control the discretionary authority of enforcement. This meant in theory and practice the centralization of policing in the 1830s, and the end of local policing, which was seen as corrupt, inefficient, and unsuitable for rational criminal justice. Revolutionary changes in policing began locally, however, in the 1780s. Such local changes preceded and inspired national reforms, and local policing up to the centralizing measures of the 1830s remained dynamic, responsive, and locally accountable right until its demise. Anxiety about policing had as much to do with the social origins of the police as it did about the origins of criminality, and control over the discretionary authority of watchmen and constables played a larger role in criminal justice reform than the nature of crime. The national, metropolitan, and City police reforms of the late 1830s were thus the culmination of a contentious argument over the meanings of justice, efficiency, and order, rather than its beginning. Harris's evidence reveals how what we've come to think of as modern policing evolved out of local practice and reflects shifts in wider debates about crime, justice, and discretionary authority.

Constitutional Life And Europe S Area Of Freedom Security And Justice

Author : Mr Alun Howard Gibbs
ISBN : 9781409497691
Genre : Law
File Size : 20. 68 MB
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The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'. In doing so it makes a novel contribution to an understanding of the European Union as a political community beyond the state, but in addition explores how this entails thinking differently about what is essential concerning constitutionalism. The book argues that instead of seeking to theorise constitutional foundations we actually begin to encounter the constitutional life implied by political and legal practices in the European Union and as exemplified here by 'the area of freedom, security and justice'.

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