The Boundaries of the Criminal Law

R A Duff has taught in the Department of Philosophy, University of Stirling, since 1970. His research focuses on the philosophy of criminal law, and he has published widely on penal theory, including; Trials and Punishments (CUP, 1986) and Punishment, Communication and Community (OUP, 2001); on the structure and principles of criminal liability with titles including Intention, Agency and Criminal Liability (Blackwell, 1990), Criminal Attempts (OUP, 1996), and Answering for Crime (Hart, 2007); and on the criminal trial. His current projects include a book on The Realm of the Criminal Law.Lindsay Farmer works on the relationship between criminal law, legal theory and legal history, looking at how historical changes in the institutions and practices of the criminal law do and should shape normative accounts of criminal law. His book Criminal Law, Tradition and Legal Order (CUP, 1997) examines the development of Scots criminal law and its relation to national identity. He is currently working on a historical account of theories of criminalisation. He has been professor of law at the University of Glasgow since 1999.S.E. Marshall is a professor of philosophy at the University of Stirling. She co-edited The Trial on Trial with R.A. Duff, L. Farmer, and V. Tadros (Hart 2007), serves on the Management Committee of the Philosophical Quarterly, and is President of the UK Association for Legal and Social Philosophy. Massimo Renzo works primarily in legal theory and political philosophy. His main research interests are in the philosophical foundation of criminal law, international justice, state legitimacy, and political obligation. He is a member of the philosophy department at the University of Stirling.Victor Tadros works primarily on the philosophy of criminal law, criminal justice and punishment. He also has interests in general jurisprudence, moral and political philosophy. His book Criminal Responsibility was published by Oxford University Press in 2005. He is currently writing a book for OUP entitled The Moral Foundations of the Criminal Law, as well as developing work on criminalization for a book entitled Wrongs and Crimes. Prior to his appointment as professor of criminal law and legal theory at the University of Warwick, he held posts at the University of Aberdeen and the University of Edinburgh.

• 1. Introduction: The Boundaries of the Criminal Law ; 2. Criminalization and the Criminal Process: Prudential Mercy as a Limit on Penal Sanctions in an Era of Mass Incarceration ; 3. Preventative Orders: A Problem of Undercriminalization? ; 4. Perversions and Subversions of Criminal Law ; 5. Proactive Forensic Profiling: Proactive Criminalization? ; 6. Horrific Crime ; 7. Criminalization and Regulation ; 8. Criminal Law between Public and Private Law ; 9. Criminal Wrongs in Historical Perspective ; 10. Theories of Criminalization and the Limits of Criminal Law: a Legal Cultural Approach

However, one can and should expect a fresh and committed piece of scholarship both to kindle the interest of the reader in the subject matter and to stoke the larger project at hand. On this score, ^iThe Boundaries of the Criminal Law^r delivers.