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Criminal Law and the Authority of the State

Edited by: Antje du Bois-Pedain, Magnus Ulvang, Petter Asp

ISBN13: 9781509905133
Published: May 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9781509932139



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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 and public lawyers address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the use of criminal law to suppress challenges to state authority; the purposes and mechanisms of state punishment; the value of coherence in legal systems; the interface between tort and crime; and the importance of doctrinal guidance in the application of criminal law.

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.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction (Antje du Bois-Pedain, Magnus Ulvang and Petter Asp)
Chapter 1: Policing the Rechtsstaat (Malcolm Thorburn)
Chapter 2: State Authority and Extraterritorial Jurisdiction (Petter Asp)
Chapter 3: Security against Arbitrary Government in Criminal Justice (Lucia Zedner)
Chapter 4: A Constitutional Perspective on the Criminalisation Process (Iain Cameron)
Chapter 5: Against the State (Anat Scolnicov)
Chapter 6: Coherence in Legal Systems and Normative Constraints on State Authority (Magnus Ulvang)
Chapter 7: The State Obligation to Provide Coherent Remedial Mechanisms across Crime and Tort (Matthew Dyson)
Chapter 8: Legal Doctrine and the Limits of Criminal Responsibility (Erik Svensson)
Chapter 9: Proportionate Sentencing and State Policy Goals (Antje du Bois-Pedain)
Chapter 10: Rehabilitation and State Punishment (Anthony E. Bottoms)
Chapter 11: The Case against Privatisation of Prisons (Alon Harel).

Series: Studies in Penal Theory and Penal Ethics

Responding to the Culpable State: Is Sentence Mitigation Appropriate? ISBN 9781509975648
To be published June 2026
Hart Publishing
£44.99
Criminology as a Moral Science ISBN 9781509965373
To be published April 2025
Hart Publishing
£42.99
Criminology as a Moral Science (eBook) ISBN 9781509965342
Published September 2023
Hart Publishing
£76.50
(ePub)
Buy
Criminology as a Moral Science ISBN 9781509965328
Published September 2023
Hart Publishing
£85.00
Penal Censure: Engagements Within and Beyond Desert Theory ISBN 9781509945672
Published November 2020
Hart Publishing
£36.99
Criminal Law and the Authority of the State ISBN 9781509932139
Published September 2019
Hart Publishing
£39.99
£33.29
(ePub)
Buy
Penal Censure: Engagements Within and Beyond Desert Theory ISBN 9781509919789
Published April 2019
Hart Publishing
£85.00
Criminal Law and the Authority of the State (eBook) ISBN 9781509905140
Published May 2017
Hart Publishing
£35.99
(ePub)
Buy
£26.99
£24.29
(ePub)
Buy
£85.00
£85.00
Incivilities: Regulating Offensive Behaviour ISBN 9781841134994
Published October 2006
Hart Publishing
£80.00
Restorative Justice and Criminal Justice
ISBN 9781841132730
Published January 2003
Hart Publishing
£90.00