Full Description
This work seeks, in a range of areas of law, to present a pragmatic, liberal view of the criminal law - to give historical accounts without falling into determinism, to engage in doctrinal analysis without regarding it as compelling, and to compare without comparison becoming competition.
Contents
Introduction - perspectives on criminal lawcriminal law - the "harm" thesis; attacks upon the doctrinal view from inside and outsde; sociolegal approaches; economics of criminal law; critical legal studies; broadening the discipline. Part 2 Arguing criminal law: the nature and significance of the appellate judicial process in criminal cases; readings of doctrinal decision making; systemic bias in construing prostitution statues; pairing arguments; concluding - what can a liberal judge do in criminal law? Part 3 Personhood and responsibility: the borderland of juridical personhood (i); the borderland of juridical personhood (ii); battered women who kill. Part 4 Privacy: the core idea; historical development - honour; historical development - privacy; why privacy now?; discriminating privacies; the significance of privacy in substantive English criminal law; the significance of privacy in procedural criminal law; the instrusiveness and duration of a violation of privacy; sexual privacy and "sexual McCarthyism". Part 5 Internationalization of criminal law: globalization, boundaries and offences; changing the political unit - the nation state and its successors; jurisdiction; The Sexual Offences (Conspiracy and Incitement) Act 1996; reacting to sexual tourism; extradition. Part 6 The market and the criminal law: the market; how a criminal law of markets might look; guaranteeing the unit of exchange; manipulation and exploitation of markets; geographical boundaries upon a market; unacceptable markets; the limits of commodification. Part 7 Drugs: history; unlawful dealing in drugs as a form of exploitation; responsibility of the various participants; decriminialization.
