There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens.
The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
Chad Flanders and Zach Hoskins / Part I: Crime and the Function of Criminal Law / 1. Two Conceptions of the Criminal Law, Vincent Chiao / 2. Embodied Ethical Life and the Criminal Law, Joshua Kleinfeld / 3. What are the Sexual Offenses?, Stuart P. Green / Part II: Authority and Legitimacy / 4. Conditions of Legitimate Punishment, Alice Ristroph / 5. Does the State Have a Monopoly to Punish Crime?, Douglas Husak / 6. Universal Jurisdiction and International Criminal Law, Jovana Davidovic / Part III: Offenders and Victims / 7. Historicizing Criminal Responsibility, Arlie Loughnan / 8. Victims of Crime: Their Rights and Duties, Sandra Marshall / Part IV: Criminal Procedure / 9. Reforming Plea Bargaining, Richard L. Lippke / 10. Presumptions of Innocence, R. A. Duff / Part V: Sanctions / 11. Punishment as an Apology Ritual, Christopher Bennett / 12. Equity, not Mercy, Mary Sigler / 13. Collateral Restrictions, Zachary Hoskins / List of Contributors / Selected Bibliography
Chad Flanders and Zachary Hoskins have lined-up an all-star cast of leading authors to address some of the most theoretically vexing and practically pressing questions in criminal law. The New Philosophy of Criminal Law is an excellent collection that will be of great interest to all of us who work in this area.
The New Philosophy of Criminal Law explores some important trends in the contemporary philosophy of criminal law … [the volume] serves as a valuable reminder that, although philosophy as a discipline often can be detached from real world issues, it must not necessarily be so. Thus, this fine work will serve as a valuable resource for criminal law scholars and professionals.
Chad Flanders is Associate Professor of Law at Saint Louis University School of Law.
Zachary Hoskins is Assistant Professor of Philosophy at the University of Nottingham.
Christopher Bennett, Senior Lecturer in Philosophy, University of Sheffield; Vincent Chiao, Assistant Professor of Law, University of Toronto; Jovana Davidovic, Assistant Professor of Philosophy, University of Iowa; R. A. Duff, Professor and Russell M. and Elizabeth M. Bennett Chair in Excellence, University of Minnesota School of Law; Stuart Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law; Douglas Husak, Professor of Philosophy, Rutgers University; Joshua Kleinfeld, Associate Professor of Law, Northwestern University School of Law and Affiliated Faculty, Department of Philosophy, Northwestern University; Richard L. Lippke, Professor of Criminal Justice, Indiana University; Arlie Loughnan, Associate Professor of Law, University of Sydney; S. E. Marshall, Professor Emeritus, University of Stirling; Alice Ristroph, Professor, Seton Hall School of Law; Mary Sigler, Professor and Willard H. Pedrick Distinguished Research Scholar, Arizona State University College of Law