The Oxford handbook of criminal law / edited by Markus D. Dubber and Tatjana Hörnle.
2014
K5015.4 .O94 2014 (Map It)
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Title
The Oxford handbook of criminal law / edited by Markus D. Dubber and Tatjana Hörnle.
Published
Oxford, United Kingdom ; New York, NY : Oxford University Press, 2014.
Copyright
© 2014
Call Number
K5015.4 .O94 2014
Edition
First edition.
ISBN
9780199673599
0199673594
0199673594
Description
xxi, 1,203 pages ; 26 cm.
System Control No.
(OCoLC)898233135
Summary
This book reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The book is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Note
This book reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The book is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Bibliography, etc. Note
Includes bibliographies and index.
Series
Record Appears in
Portion of Title
Criminal law
Added Author
Table of Contents
List of Abbreviations
xiii
Notes on the Contributors
xix
pt. I
APPROACHES AND METHODS
1.
Criminology / Pat O'Malley
3
2.
Critical Race Theory / Bennett Capers
25
3.
Economic Analysis of Criminal Law / Talia Fisher
38
4.
Feminist Approaches to Criminal Law / Prabha Kotiswaran
59
5.
The Transition to Modernity / James Q. Whitman
84
6.
Law and Literature / Simon Stern
111
7.
Philosophy / Leo Zaibert
131
8.
Criminal Law and Sociology / Shai J. Lavi
152
9.
Criminal Law and Technology in a Data-Driven Society / Mireille Hildebrandt
174
pt. II
SYSTEMS AND MODELS
10.
Medieval Canon Law: The Origins of Modern Criminal Law / Mia Korpiola
201
11.
Indigenous Legal Traditions: Roots to Renaissance / Hadley Friedland
225
12.
Islamic Criminal Law / Silvia Tellenbach
248
13.
Jewish Law / Arnold Enker
269
14.
Marxist and Soviet Law / Stephen C. Thaman
295
15.
Military Justice / Rain Liivoja
326
pt. III
ASPECTS AND ISSUES
SECTION A
FOUNDATIONS
16.
Theories of Crime and Punishment / Emmanuel Melissaris
355
17.
Codification / Lindsay Farmer
379
18.
Jurisdiction / Alejandro Chehtman
399
19.
Constitutional Principles / Benjamin L. Berger
422
SECTION B
SUBSTANTIVE CRIMINAL LAW
(i).
General Part
20.
Acts and Actus Reus / Vincent Chiao
447
21.
Causation / Carl-Friedrich Stuckenberg
468
22.
Subjective Elements of Criminal Liability / Thomas Weigend
490
23.
Inchoate Crimes / Michael T. Cahill
512
24.
Complicity / James G. Stewart
534
25.
Corporate Criminal Liability / Susanne Beck
560
26.
Necessity/Duress / Ulfrid Neumann
583
27.
Self-Defense / Victoria Nourse
607
28.
The Defense of Consent / Vera Bergelson
629
29.
Insanity and Intoxication / Christoph Safferling
654
(ii).
Special Part
30.
Theories of Criminalization / Tatjana Hornle
679
31.
Homicide / Guyora Binder
702
32.
Offenses Against the Person / James Chalmers
727
33.
Sexual Autonomy / Vanessa E. Munro
747
34.
Property Offenses / Stuart P. Green
768
35.
Drug Offenses / Beatrice Brunhober
789
36.
Terrorism / Kent Roach
812
37.
"White Collar" Crimes / Samuel W. Buell
837
38.
Public Welfare Offenses / Darryl K. Brown
862
SECTION C
CRIMINAL PROCESS
39.
The Long Shadow of the Adversarial and Inquisitorial Categories / Maximo Langer
887
40.
Discretion / Frank Meyer
913
SECTION D
CRIMINAL SANCTIONS
41.
Types of Punishment / Nora V. Demleitner
941
42.
Sentencing / Erik Luna
964
43.
Prison Law / Dirk van Zyl Smit
988
pt. IV
CONTEXTS AND COMPARISONS
SECTION A
PROVINCE OF CRIMINAL LAW
44.
Paradigms of Penal Law / Markus D. Dubber
1017
45.
Public and Private Law / Alon Harel
1040
46.
Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law / Daniel Ohana
1064
SECTION B
BEYOND DOMESTIC CRIMINAL LAW
47.
Comparative Criminal Law / Luis E. Chiesa
1089
48.
European Criminal Law / Kimmo Nuotio
1115
49.
International Criminal Law / Elies van Sliedregt
1139
Index
1165