Liberal Criminal Theory (inbunden)
Inbunden (Hardback)
Antal sidor
Hart Publishing
Neumann, Ulfrid / Bois-Pedain, Antje du
black & white illustrations
black & white illustrations
234 x 165 x 31 mm
793 g
Antal komponenter
454:B&W 6.14 x 9.21in or 234 x 156mm (Royal 8vo) Blue Cloth w/Jacket on White w/Matte Lam
Liberal Criminal Theory (inbunden)

Liberal Criminal Theory

Essays for Andreas von Hirsch

Inbunden Engelska, 2014-08-21
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This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.
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The novice is unlikely to recognize the level of sophistication this book contains...Liberal Criminal Theory is an outstanding collection of papers that pay tribute to a great and important scholar. Every single article is worth reading... -- Douglas Husak * Criminal Law and Criminal Justice Online *

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A P Simester is Professor of Law and Provost's Chair at the National University of Singapore, an Honorary Research Fellow at the Institute of Criminology, University of Cambridge, and Honorary Professor in Law at Uppsala University. Antje du Bois-Pedain is a University Senior Lecturer at the Faculty of Law, University of Cambridge, and a Fellow of Magdalene College, Cambridge. Ulfrid Neumann is Professor of Criminal Law, Criminal Procedure, Legal Theory and Sociology of Law at the Goethe-University in Frankfurt.


Part 1: Punishment and Prevention 1. Punishment Paradigms and the Role of the Preventive State Andrew Ashworth and Lucia Zedner I. The Role of Prudential Disincentives II. The Scope of the State's Authority to Censure III. The State's Preventive Obligation IV. Developing the Preventive Obligation V. Conclusion 2. Prevention, Censure and Responsibility: The Recent Debate on the Purposes of Punishment* Claus Roxin 23 I. Overcoming the Simple Contrast between Two Strands of Theories? II. The Shortcomings of Traditional 'Absolute' and 'Relative' Theories of Punishment III. Principled Limits on Punishment, Guilt and Censure IV. Why Must the Perpetrator Allow Himself to be Roped in for the Achievement of the State's Preventive Aims? V. On the Expressive Function of Punishment VI. Conclusion 3. Prevention with a Moral Voice JR Edwards and AP Simester I. Reconciling Desert and Deterrence II. Respecting Persons: Hegel and the Moral Voice III. Not Treating People as Means IV. Conclusion 4. The 'Deserved' Punishment* Ulfrid Neumann I. 'Effective' versus 'Deserved' Punishment: a Hypothetical Scenario II. The Deserved Punishment: an Essential Component of 'Absolute' (Deontological) Theories of Punishment III. The Deserved Punishment in Complex ('Unified') Theories of Punishment IV. The Culpability Principle: Ways towards its Recognition within a Theory of Punishment V. The Culpability Principle as an Integral Component of the Institution of Punishment VI. Punishment as Reaction and as Retribution Part 2: Punishment, Desert and Communication 5. After the Crime: Post-Offence Conduct and Penal Censure Julian V Roberts and Hannah Maslen I. Introduction II. Defining Post-Offence-related Conduct III. Justifying the Mitigating Role of Commendable POC: An Offence-seriousness Approach IV. A More Expansive Account of the Normative Value of POC: Censure and Broader Retributive Values V. Some External Objections to POC as a Sentencing Factor VI. Conclusions 6. Does Punishment Honour the Offender?* Kurt Seelmann I. Overview II. Reprobation and Treatment as a 'Moral Agent', ie as a Participant in Moral Discourse III. Punishment as Honouring the Offender in German Idealist Philosophy IV. What are the Differences between Strawson and the German Idealists with respect to the Function of Penal Censure? V. Imputation and the Person prior to Idealism: Attribution of Responsibility as a way of Taking Identity Seriously VI. Criticising this Tradition with Assistance from Hegel? (The Case of Forgiveness) 7. Criminal Law, Crime and Punishment as Communication Klaus Gunther I. Punishment: From Welfare Instrumentalism to Moral Expressivism II. The Communicative Turn III. Punishment as Communication IV. What does the Crime Say? V. What does the Criminal Law Say? VI. Why Hard Treatment? VII. Communication as an Action VIII. Again: Punishment as Communication 8. Can Deserts Be Just in an Unjust World Michael Tonry I. Recognition of the 'Unjust World' Problem II. Deep Disadvantage and Criminal Behaviour III. Deep Disadvantage as an Excuse or Mitigation IV. Social Adversity in Mitigation V. A Celebration Part 3: Rechtsguter, Harm and Offence in Criminalisation 9. 'Rights of Others' in Criminalisation Theory Tatjana Hoernle I. Strengths and Weaknesses of the Harm Principle II. Legal Moralism as the Only Alternative? III. The Tasks of Law IV. The Concept of 'Rights' V. Legal Rights Claims versus Moral Rights VI. A Final Remark 10. The Harm Principle and the Protection of 'Legal Goods' (Rechtsguterschutz): a German Perspective* Winfried Hassemer I. Dedication II. Harm Orientations through the Doctrine of Legal Goods and the Harm Principle III. Aims of the Harm-Orientation Doctrines IV. Limits 11. 'Remote Harms' and the Two Harm Principles RA Duff and SE Marshall I. The Two Harm Principles II. Remote Harms and the Harmful Conduct Principle III. The Harm Prevention Principle and Regulatory Offences IV. Why S