The Oxford Handbook of Criminal Law (Oxford Handbooks)

This book deals with various aspects of criminal law, including its relationship to a wide range of disciplines such as philosophy, sociology, and technology. It first considers a range of approaches and methods used in the analysis of criminal law, including economics, feminist studies, critical race theory, criminology, history, and literature. It then traces the origins of modern criminal law to medieval canon law and examines indigenous legal traditions before discussing the collapse of pre-modern criminal justice and the transition to modernity. The book also reviews the general principles of criminal liability; topics covered include constitutional criminal law, actus reus, mens rea, corporate criminal liability, consent, self-defense, necessity, duress, insanity and intoxication, as well as jurisdiction and sentencing. Different types of crimes are analyzed, including public welfare offenses, inchoate crimes, offenses against the person and against sexual autonomy, property offenses, drug offenses, regulatory offenses, and terrorism. Throughout, the book takes a broadly comparative and contextual approach that regards criminal law as a global discipline. This Title Deals With Various Aspects Of Criminal Law, Including Its Relationship To A Wide Range Of Disciplines Such As Philosophy, Sociology, And Technology. It First Considers A Range Of Approaches And Methods Used In The Analysis Of Criminal Law, Including Economics, Feminist Studies, Critical Race Theory, Criminology, History, And Literature. It Then Traces The Origins Of Modern Criminal Law To Medieval Canon Law And Examines Indigenous Legal Traditions Before Discussing The Collapse Of Pre-modern Criminal Justice And The Transition To Modernity. Criminology / Mariana Valverde And Pat O'malley -- Critical Race Theory / Bennett Capers -- Economics / Talia Fisher -- Feminist Studies / Prabha Kotiswaran -- History / James Whitman -- Literature / Simon Stern -- Philosophy / Leo Zaibert -- Sociology / Shai Lavi And Galia Schneebaum -- Technology / Mireille Hildebrandt -- Canon Law / Heikki Pihlajamaki And Mia Korpiola -- Indigenous Law / Val Napoleon And Hadley Friedland -- Islamic Law / Sylvia Tellenbach -- Jewish Law / Arnold Enker -- Marxist & Soviet Law / Stephen Thaman -- Military Law / Rain Liivoja -- Theories Of Crime And Punishment / Emmanuel Melissaris -- Codification / Lindsay Farmer -- Jurisdiction / Alejandro Chehtman -- Constitutional Principles / Benjamin Berger -- Actus Reus / Vincent Chiao -- Causation / Carl-friedrich Stuckenberg -- Mens Rea / Thomas Weigend -- Inchoate Offenses / Michael Cahill -- Complicity / James Stewart -- Corporate Criminal Liability / Susanne Beck -- Necessity And Duress / Ulf Neumann -- Self-defense / Victoria Nourse -- Consent / Vera Bergelson -- Insanity And Intoxication / Christoph Safferling -- Rechtsgut And The Harm Principle / Tatjana Hornle -- Offenses Against The Person : Homicide / Guyora Binder -- Offenses Against The Person : Assault / James Chalmers -- Offenses Against Sexual Autonomy / Vanessa Munro -- Offenses Against Property / Stuart Green -- Drug Offenses / Beatrice Brunhober -- Terrorism / Kent Roach -- White Collar Crimes / Sam Buell -- Public Welfare Offenses / Darryl Brown -- Models Of The Criminal Process / Maximo Langer -- Discretion / Frank Meyer -- Types Of Punishment / Nora Demleitner -- Sentencing / Erik Luna -- Prison And Corrections Law / Dirk Van Zyl Smit -- Paradigms Of Penal Law / Markus D. Dubber -- Public Law And Private Law / Alon Harel -- Regulatory Offenses And Administrative Sanctions / Daniel Ohana -- Comparative Criminal Law / Luis Chiesa -- European Criminal Law / Kimmo Nuotio -- International Criminal Law / Elies Van Sliedregt. Edited By Markus D. Dubber And Tatjana Hörnle. Includes Bibliographical References And Index. 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 or corrections 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 "This book 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 book 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 or corrections 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." Cover The Oxford Handbook of Criminal Law Copyright Contents List of Abbreviations Notes on the Contributors PART I APPROACHES AND METHODS 1 Criminology 2 Critical Race Theory 3 Economic Analysis of Criminal Law 4 Feminist Approaches to Criminal Law 5 The Transition to Modernity 6 Law and Literature 7 Philosophy 8 Criminal Law and Sociology 9 Criminal Law and Technology in a Data-Driven Society PART II SYSTEMS AND MODELS 10 Medieval Canon Law: The Origins of Modern Criminal Law 11 Indigenous Legal Traditions: Roots to Renaissance 12 Islamic Criminal Law 13 Jewish Law 14 Marxist and Soviet Law 15 Military Justice PART III ASPECTS AND ISSUES SECTION A Foundations 16 Theories of Crime and Punishment 17 Codification 18 Jurisdiction 19 Constitutional Principles SECTION B Substantive Criminal Law (i) General Part (i) General Part 20 Acts and Actus Reus 21 Causation 22 Subjective Elements of Criminal Liability 23 Inchoate Crimes 24 Complicity 25 Corporate Criminal Liability 26 Necessity/Duress 27 Self-Defense 28 The Defense of Consent 29 Insanity and Intoxication (ii) Special Part 30 Theories of Criminalization 31 Homicide 32 Offenses Against the Person 33 Sexual Autonomy 34 Property Offenses 35 Drug Offenses 36 Terrorism 37 “White Collar” Crimes 38 Public Welfare Offenses SECTION C Criminal Process 39 The Long Shadow of the Adversarial and Inquisitorial Categories 40 Discretion SECTION D Criminal Sanctions 41 Types of Punishment 42 Sentencing 43 Prison Law PART IV CONTEXTS AND COMPARISONS SECTION A Province of Criminal Law 44 Paradigms of Penal Law 45 Public and Private Law 46 Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law SECTION B Beyond Domestic Criminal Law 47 Comparative Criminal Law 48 European Criminal Law 49 International Criminal Law Index