Criminalization: The Political Morality of the Criminal Law PDF
Preview Criminalization: The Political Morality of the Criminal Law
CRIMINALIZATION Criminalization The Political Morality of the Criminal Law Edited by R A DUFF LINDSAY FARMER S E MARSHALL MASSIMO RENZO VICTOR TADROS Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © The several contributors 2014 The moral rights of the authors have been asserted First Edition published in 2014 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2014945176 ISBN 978–0–19–872635–7 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. Acknowledgements This is the fourth volume to emerge from a research project on Criminalization, funded by a grant from the Arts and Humanities Research Council (Grant No 128737). We are grateful to the Arts and Humanities Research Council for the grant that made this project possible, and to our own universities for the fur- ther material and administrative support that they provided—the University of Stirling and the Stirling Department of Philosophy, the University of Glasgow and its School of Law, and the University of Warwick and its School of Law and Department of Philosophy. We are very grateful to the authors who have contributed to this volume, and to all of the participants at the conference from which this volume emerged. We are also especially grateful to Nikki Leavitt, Ambrose Lee, and Brian Ho for their invaluable work in helping to organize the conference. Antony Duff, Lindsay Farmer, Sandra Marshall, Massimo Renzo, Victor Tadros Table of Contents List of Contributors ix 1. Introduction: Towards a Theory of Criminalization? 1 R A Duff, Lindsay Farmer, S E Marshall, Massimo Renzo, and Victor Tadros 2. Quantifying Criminalization 54 James Chalmers and Fiona Leverick 3. Criminal Law as an Institution: Rethinking Theoretical Approaches to Criminalization 80 Lindsay Farmer 4. Bureaucratic ‘Criminal’ Law: Too Much of a Bad Thing? 101 Jeremy Horder 5. Criminalization in Republican Theory 132 Philip Pettit 6. Contractarian Criminal Law Theory and Mala Prohibita Offences 151 Susan Dimock 7. Liberty’s Constraints on What Should be Made Criminal 182 Michael S Moore 8. Polygamy: A Novel Test for a Theory of Criminalization 213 Douglas Husak 9. Civil Peace and Criminalization 232 Anthony Bottoms 10. Marginality, Ethnicity, and Penality: A Bourdieusian Perspective on Criminalization 270 Loïc Wacquant 11. ‘It Isn’t Just About You’: Victims of Crime, their Associated Duties, and Public Wrongs 291 S E Marshall Index 307 List of Contributors Anthony Bottoms is Emeritus Wolfson Professor of Criminology at the University of Cambridge and Honorary Professor of Criminology at the University of Sheffield. He is a Fellow of the British Academy. James Chalmers is Regius Professor of Law at the University of Glasgow. Susan Dimock is Professor of Philosophy at York University in Toronto Canada. R A Duff is a Professor Emeritus in the Philosophy Department at the University of Stirling, and holds the Russell and Elizabeth Bennett Chair at the University of Minnesota Law School. Lindsay Farmer is Professor of Law at the University of Glasgow. Jeremy Horder is Professor of Criminal Law at the London School of Economics and Political Science, and an Emeritus Fellow of Worcester College, Oxford. He was a Law Commissioner for England and Wales from 2005 to 2010. Douglas Husak is Professor of Philosophy and Law at Rutgers University and Editor-in- Chief of Criminal Law and Philosophy. Fiona Leverick is Professor of Criminal Law and Criminal Justice at the University of Glasgow. S E Marshall is a Professor Emeritus in the Department of Philosophy at the University of Stirling and a Visiting Research Scholar at the University of Minnesota Law School. Michael S Moore is currently the holder of the only University-wide chair at the University of Illinois, the Walgreen Chair; he is also Professor of Law, Professor of Philosophy, and Professor in the Center for Advanced Study at the Urbana-Champaign campus of that University. His most recent book is Causation and Responsibility: An Essay in Law, Morals, and Metaphysics (OUP, 2009; paperback edition, 2010; Spanish edition, 2011). Philip Pettit is L. S. Rockefeller University Professor of Politics and Human Values at Princeton University and Distinguished Professor of Philosophy at the Australian National University. Among his recent books are On the People’s Terms: A Republican Theory and Model of Democracy (CUP, 2012) and Just Freedom: A Moral Compass for a Complex World (Nortons, 2014). Massimo Renzo is an Associate Professor in the Department of Philosophy at the University of Warwick. Victor Tadros is Professor of Criminal Law and Legal Theory at the University of Warwick. Loïc Wacquant is Professor of Sociology at the University of California, Berkeley, and researcher at the Centre Européen de Sociologie et de Science Politique, Paris. His work deals with urban marginality, penality, carnality, and social theory. His books have been translated in two dozen languages and include Body and Soul: Notebooks of An Apprentice Boxer (2004, new expanded edition, 2014), The Two Faces of the Ghetto (2015), and Tracking the Penal State (2015).
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