The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Auteur
Markus D. Dubber is Professor of Law at the University of Toronto. Dubber's scholarship has focused on theoretical, comparative, and historical aspects of criminal law. His publications include Criminal Law: A Comparative Approach (with Tatjana Hörnle), Foundational Texts in Modern Criminal Law, Handbook of Comparative Criminal Law, Modern Histories of Crime and Punishment, The New Police Science: The Police Power in Domestic and International Governance, The Police Power: Patriarchy and the Foundations of American Government, Criminal Law: Model Penal Code and Victims in the War on Crime: The Use and Abuse of Victims' Rights. Tatjana Hörnle is Professor of Criminal Law, Comparative Criminal Law, and Penal Philosophy, Humboldt University of Berlin. She writes mainly about substantive criminal law and sentencing and about the foundations of the criminal law in moral and political philosophy and constitutional law. In addition to numerous articles in German and international law journals, Professor Hörnle has published on proportionality in sentencing, on offensive conduct, on punishment theories and on freedom of will and culpability.
Contenu
Introduction; I. Approaches & Methods; 1 Mariana Valverde and Pat O'Malley: Criminology; 2 Bennett Capers: Critical Race Theory; 3 Talia Fisher: Economics; 4 Prabha Kotiswaran: Feminist Studies; 5 James Whitman: History; 6 Simon Stern: Literature; 7 Leo Zaibert: Philosophy; 8 Shai Lavi and Galia Schneebaum: Sociology; 9 Mireille Hildebrandt: Technology; II. Systems & Models; 10 Heikki Pihlajamaki and Mia Korpiola: Canon Law; 11 Val Napoleon and Hadley Friedland: Indigenous Law; 12 Sylvia Tellenbach: Islamic Law; 13 Arnold Enker: Jewish Law; 14 Stephen Thaman: Marxist & Soviet Law; 15 Rain Liivoja: Military Law; III. Aspects & Issues; A. Foundations; 16 Emmanuel Melissaris: Theories of Crime and Punishment; 17 Lindsay Farmer: Codification; 18 Alejandro Chehtman: Jurisdiction; 19 Benjamin Berger: Constitutional Principles; B. Substantive Criminal Law; (i) General Part; 20 Vincent Chiao: Actus Reus; 21 Carl-Friedrich Stuckenberg: Causation; 22 Thomas Weigend: Mens Rea; 23 Michael Cahill: Inchoate Offenses; 24 James Stewart: Complicity; 25 Susanne Beck: Corporate Criminal Liability; 26 Ulf Neumann: Necessity and Duress; 27 Victoria Nourse: Self-Defense; 28 Vera Bergelson: Consent; 29 Christoph Safferling: Insanity and Intoxication; (ii) Special Part; 30 Tatjana Hornle: Rechtsgut and the Harm Principle; 31 Guyora Binder: Offenses Against the Person: Homicide; 32 James Chalmers: Offenses Against the Person: Assault; 33 Vanessa Munro: Offenses Against Sexual Autonomy; 34 Stuart Green: Offenses Against Property; 35 Beatrice Brunhober: Drug Offenses; 36 Kent Roach: Terrorism; 37 Sam Buell: 'White Collar' Crimes; 38 Darryl Brown: Public Welfare Offenses; C. Criminal Process; 39 Maximo Langer: Models of the Criminal Process; 40 Frank Meyer: Discretion; D. Criminal Sanctions; 41 Nora Demleitner: Types of Punishment; 42 Erik Luna: Sentencing; 43 Dirk van Zyl Smit: Prison and Corrections Law; IV. Contexts & Comparisons; A. Province of Criminal Law; 44 Markus D Dubber: Paradigms of Penal Law; 45 Alon Harel: Public Law and Private Law; 46 Daniel Ohana: Regulatory Offenses and Administrative Sanctions; B. Beyond Domestic Criminal Law; 47 Luis Chiesa: Comparative Criminal Law; 48 Kimmo Nuotio: European Criminal Law; 49 Elies van Sliedregt: International Criminal Law