Full Description
Inspired by the work of distinguished criminal justice scholars, this volume explores the methodological commitments and distinctive research agenda of criminal jurisprudence
It comprises 9 essays on jurisprudential themes written over a period of twenty years. Presented here for the first time as a coherent body of work, the volume highlights recurrent themes in the disciplinary constitution of criminal jurisprudence.
Criminal jurisprudence combines theorising about criminal law with intimate engagement with its institutional fabric and primary juridical sources. It overlaps with the theoretical ambitions of philosophical approaches to criminal law and justice, but equally encapsulates the traditional research programmes of doctrinal legal scholarship. Criminal jurisprudence takes domestic law seriously, but is cosmopolitan in its outlook and topical inclusivity, as befits the condition of modern legality.
The essays in this book traverse criminal law theory, substantive criminal law, criminal procedure, evidence law, comparative criminal process, international criminal justice, criminology and legal pedagogy. In addition to their legal-doctrinal content, they draw on moral and political philosophy, penal theory, epistemology, history, sociology, international relations, jurisprudence and comparative legal studies.
Contents
1. Introduction: Inspiring Criminal Jurisprudence
2. Criminal Law Theory and the Limits of Liberalism
3. Conceptually Wrong!
4. Damaška's Comparative Method and the Future of Common Law Evidence
5. Adrian Zuckerman's New Evidence Scholarship
6. Excluding Evidence as Protecting Constitutional or Human Rights?
7. Redmayne's Character
8. Envisioning International Criminal Justice
9. Mr Seferovic's Pigeons
10. Thinking Through Critical Criminology
11. Concluding Reflections: Can UK Legal Scholarship Survive?
