Tài liệu Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law pptx

[...]... ways of understanding the development of the criminal law in recent years, in terms of changing forms of citizenship and their relationship to law, as well as in terms of changing models of society and how these shape general expectations of the law Norrie uses these models to explore three broad developments in the criminal law: first, an increasing emphasis on the retributive understanding of criminal. .. the traditional rights of the accused; the widening boundaries of the criminal law to include offences of preparation and planning; the scope and justification of offences against the person such as rape, assault and offences of ‘indecency’; underlying shifts in penal ideology, including the role of ‘victim-driven’ criminalisation and their impact on criminal justice practice; the relationships between... to issues of sexuality The majority of chapters are concerned with the broadening scope of the criminal law, but Singapore’s recent debates, discussed in chapter nine, on the possibility of decriminalising homosexual acts as part of broader criminal law reforms provide the opportunity to revisit the delineation of the boundaries of the criminal law from a decriminalisation perspective rather than one... Zedner, Professor of Criminal Justice, Faculty of Law and Corpus Christi College, University of Oxford, UK Part I Introduction 1 Regulating Deviance The Redirection of Criminalisation and the Futures of Criminal Law BERNADETTE MCSHERRY, ALAN NORRIE AND SIMON BRONITT I INTRODUCTION T he criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities... at the disposal of criminal justice systems? By examining current changes in the law, and placing them in an overall understanding of what the criminal law is, has been and should be, the chapters presented here together seek to indicate answers to such questions The redirection of criminalisation can be described in terms of particular issues such as whether security concerns can be balanced with the. .. Norrie and Simon Bronitt This generates a tension in the academic role On one hand, many legal scholars are not external spectators of the law, but rather play a constitutive role as a caste of (more or less) authoritative legal interpreters engaged in the rationalisation and modernisation of the criminal law On the other hand, they bear responsibility to interrogate the problems of the law, and to... should be noted that these are dialectically connected aspects of the same thing: the modern form of law I will now outline these two aspects of modern individualist law and then contextualise the idea of the responsible subject in terms of Marshall’s threefold conception of citizenship A Psychological and Political Individualism in Criminal Law One way of understanding criminal law, I have argued,6... neo-liberalism and the shift away from the post-war liberal welfare settlement Put together, such developments raise profound questions about the nature of Western criminal justice systems: what have they been and what are they becoming; how do we understand the idea of ‘liberal’ criminal law and justice; how (and through which general principles) are criminal laws shaped; and what practical and normative... within current criminal law discourse and practice The ideas that (re)shape and (re)form the criminal law in each generation are not solely the products of lawyers, far less legal scholars or academics As George Fletcher points out, the key principles of criminal liability have been ‘crystallized primarily in the writing of scholars rather than the opinions of courts’.4 Yet in the modern law, the scholars’... substantive criminal law and sentencing; and 4 Bernadette McSherry, Alan Norrie and Simon Bronitt how a liberal theory of criminal law and justice is to be understood either normatively, critically or historically, or as a combination of all three The ensuing chapters draw on many of these particular issues The inherent plurality of conceptions of the criminal law is caught in this collection’s sub-heading: the . was to gather together experts in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law in. Redirection of Criminalisation and the Futures of Criminal Law Edited by Bernadette McSherry, Alan Norrie and Simon Bronitt Oñati International Series in Law and