The Structures 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; Philosophical Foundations of the Criminal Law (co-edited with Stuart Green, OUP 2011); 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 criminalization. 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 three -volume project 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 lecturer at York Law School, and is on the editorial board of Criminal Law and Philosophy. 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. He has two published books Criminal Responsibility (OUP, 2005) and The Ends of Harm(OUP, 2011), and he is also writing a book for the Criminalization series 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 Structures of the Criminal Law ; 2. The Standard of the Reasonable Person in the Criminal Law ; 3. Resultant Luck and Criminal Liability ; 4. Criminalizing SM: Disavowing the Erotic, Instantiating Violence ; 5. Constitutionalism and the Limits of the Criminal Law ; 6. International Crime: in Context and in Contrast ; 7. Legal Form and Moral Judgment: Euthanasia and Assisted Suicide ; 8. Abnormal Law: Teratology as a Logic of Criminalization ; 9. Criminalization Tensions: Empirical Desert, Changing Norms, and Rape Reform ; 10. Preparation Offences, Security Interests, Political Freedom

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