Defending the Realm of Criminal Law

Criminal Law and Philosophy 14 (3):465-500 (2020)
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Abstract

This is a response to ten critiques of my 2018 book The Realm of Criminal Law, by Stephen Bero and Alex Sarch, Kim Ferzan, Stuart Green, Doug Husak, Nicola Lacey, Sandra Mayson, Victor Tadros, Patrick Tomlin, Alec Walen, and Gideon Yaffe. I take the opportunity to explain the main aims and themes of the book, to clarify some of its arguments, and to note some of the ways in which those arguments need expansion, development, or revision. Topics discussed include: the usefulness and limits of ‘rational reconstruction’ as a method of normative theorising; public wrongs and the scope of the criminal law; the idea of civil order as central to a political theory of criminal law; wrongness constraints on criminalization; mala prohibita and regulatory offences; the ‘De Minimis’ principle; and criminal law ‘abolitionism’.

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R. A. Duff
University of Stirling

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References found in this work

Punishing Non-citizens.Gideon Yaffe - 2020 - Criminal Law and Philosophy 14 (3):347-364.
Criminal law as public law.Malcolm Thorburn - 2011 - In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. pp. 21--43.
Criminalization: In and Out.Victor Tadros - 2020 - Criminal Law and Philosophy 14 (3):365-380.
Approaching or Re-thinking the Realm of Criminal Law?Nicola Lacey - 2020 - Criminal Law and Philosophy 14 (3):307-318.

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