Article
Details
Citation
Duff RA & Marshall SE (2021) Is Criminal Law 'Exceptional'?. Criminal Law and Philosophy. https://doi.org/10.1007/s11572-021-09619-z
Abstract
If someone asserts, or denies, that ‘criminal law is exceptional’, our first question must be: what does this mean?
As to ‘criminal law’, the claim must concern criminal law as an institutional practice, whose typical elements include a substantive criminal law that defines offences and defences; policing; the criminal process and criminal trial; and criminal punishment (not to mention the ‘collateral consequences’ that flow from a criminal conviction). But is the claim a descriptive claim about the criminal law as it actually operates, either in general or in this or that polity? Or is it a conceptual claim about the very idea of criminal law? Or is it a normative claim about criminal law as it ought to be, or as it can be rationally reconstructed?
Notes
Output Status: Forthcoming/Available Online
Journal
Criminal Law and Philosophy
Status | In Press |
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Publication date online | 27/09/2021 |
Date accepted by journal | 15/09/2021 |
ISSN | 1871-9791 |
eISSN | 1871-9805 |
People (2)
Emeritus Professor, Philosophy
Emeritus Professor, Philosophy