Criminal Law Exceptionalism: Introduction


Burchard C & Duff A (2021) Criminal Law Exceptionalism: Introduction. Criminal Law and Philosophy.

First paragraph: This Symposium grew out of an online workshop series on ‘The Political Turn(s) in Criminal Law Theory’, which itself emerged from the cancellation of a conference on that theme that had been due to take place in Santiago in March 2020, but was of course cancelled by Covid. During the course of our discussions, questions regularly appeared about whether criminal law is in some sense special or exceptional, as compared to other types of law or other ways of regulating human behaviour. Such questions were given sharper focus in a recent article by Alice Ristroph, in which she identified and criticised a kind of ‘exceptionalism’ that is, she argued, prevalent among orthodox criminal law theorists. We therefore thought it worthwhile to devote a couple of sessions to this topic and to use the papers presented at those sessions as the basis for a symposium.

Output Status: Forthcoming/Available Online

Criminal Law and Philosophy

StatusIn Press
Publication date online30/09/2021
Date accepted by journal15/09/2021