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Criminal Law


ISBN13: 9781840147759
ISBN: 184014775X
Published: December 2000
Publisher: Routledge
Format: Hardback
Price: Out of print



This volume includes essays on the theory and practice of criminal law. Many of the essays are interdisciplinary, reflecting the influence of developments in philosophy, sociology and psychology on the concept of criminality. Cross-cultural issues are also raised and considered.

Contents:
Part 1 Jurisprudential issues: a functional analysis of criminal law; desert, punishment and criminal responsibility; crime, punishment and pale criminality; the feminist challenge in criminal law; an economic analysis of threats and their illegality - blackmail, extortion and robbery.
Part 2 Doctrinal issues - the limits of responsibility: wilful ignorance, knowledge and the equality culpability thesis - a study of the deeper significance of the principle of legality; ignorance of law is an excuse - but only for the virtuous; exegesis of the law of duress - justifying the excuse and searching for its proper limits; a theory of necessity.
Part 3 Punishment: the decision to punish - emotional justice moralizing the passions of criminal responsibility, torture and pleas bargaining; justifying punishment - the utility of desert, social influence, social meaning and deterrence.