- The Oxford Handbook of Criminal Law
- Preface
- List of Abbreviations
- Notes on the Contributors
- Criminology
- Critical Race Theory
- Economic Analysis of Criminal Law
- Feminist Approaches to Criminal Law
- The Transition to Modernity
- Law and Literature
- Philosophy
- Criminal Law and Sociology
- Criminal Law and Technology in a Data-Driven Society
- Medieval Canon Law: The Origins of Modern Criminal Law
- Indigenous Legal Traditions: Roots to Renaissance
- Islamic Criminal Law
- Jewish Law
- Marxist and Soviet Law
- Military Justice
- Theories of Crime and Punishment
- Codification
- Jurisdiction
- Constitutional Principles
- Acts and <i>Actus Reus</i>
- Causation
- Subjective Elements of Criminal Liability
- Inchoate Crimes
- Complicity
- Corporate Criminal Liability
- Necessity/Duress
- Self-Defense
- The Defense of Consent
- Insanity and Intoxication
- Theories of Criminalization
- Homicide
- Offenses Against the Person
- Sexual Autonomy
- Property Offenses
- Drug Offenses
- Terrorism
- “White Collar” Crimes
- Public Welfare Offenses
- The Long Shadow of the Adversarial and Inquisitorial Categories
- Discretion
- Types of Punishment
- Sentencing
- Prison Law
- Paradigms of Penal Law
- Public and Private Law
- Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law
- Comparative Criminal Law
- European Criminal Law
- International Criminal Law
- Index
Abstract and Keywords
This chapter examines the central issues for the justification of criminalization and punishment in the context of criminal law. Specifically, it considers whether there is a class of acts (or omissions) that warrants the use of the label of crime as appropriate. It initially discusses what kind of theory is suitable for grasping and grounding criminalization and punishment, focusing on three types of theory: ideal, situated, and political constructivist. Attention then turns to the central questions to be answered by theories of crime and punishment: what a crime is, what it means to be responsible for a crime, why it is necessary to respond to crime, who may respond to crime, how to respond to crime. Ideas such as retributivism, lex talionis, utilitarianism, and consequentialism are highlighted. The chapter also looks at some influential ways in which the justification of criminalization and punishment has been addressed in post-Enlightenment, occidental thought.
Keywords: criminalization, punishment, criminal law, crime, ideal theory, situated theory, political constructivist theory, retributivism, lex talionis, utilitarianism
London School of Economics
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- The Oxford Handbook of Criminal Law
- Preface
- List of Abbreviations
- Notes on the Contributors
- Criminology
- Critical Race Theory
- Economic Analysis of Criminal Law
- Feminist Approaches to Criminal Law
- The Transition to Modernity
- Law and Literature
- Philosophy
- Criminal Law and Sociology
- Criminal Law and Technology in a Data-Driven Society
- Medieval Canon Law: The Origins of Modern Criminal Law
- Indigenous Legal Traditions: Roots to Renaissance
- Islamic Criminal Law
- Jewish Law
- Marxist and Soviet Law
- Military Justice
- Theories of Crime and Punishment
- Codification
- Jurisdiction
- Constitutional Principles
- Acts and <i>Actus Reus</i>
- Causation
- Subjective Elements of Criminal Liability
- Inchoate Crimes
- Complicity
- Corporate Criminal Liability
- Necessity/Duress
- Self-Defense
- The Defense of Consent
- Insanity and Intoxication
- Theories of Criminalization
- Homicide
- Offenses Against the Person
- Sexual Autonomy
- Property Offenses
- Drug Offenses
- Terrorism
- “White Collar” Crimes
- Public Welfare Offenses
- The Long Shadow of the Adversarial and Inquisitorial Categories
- Discretion
- Types of Punishment
- Sentencing
- Prison Law
- Paradigms of Penal Law
- Public and Private Law
- Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law
- Comparative Criminal Law
- European Criminal Law
- International Criminal Law
- Index