Overcriminalization

The Limits of the Criminal Law

Nonfiction, Reference & Language, Law, Jurisprudence, Religion & Spirituality, Philosophy, Modern
Cover of the book Overcriminalization by Douglas Husak, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Douglas Husak ISBN: 9780199886982
Publisher: Oxford University Press Publication: January 8, 2008
Imprint: Oxford University Press Language: English
Author: Douglas Husak
ISBN: 9780199886982
Publisher: Oxford University Press
Publication: January 8, 2008
Imprint: Oxford University Press
Language: English

The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

More books from Oxford University Press

Cover of the book The Fundamental Wisdom of the Middle Way by Douglas Husak
Cover of the book Hundred Years' War: Oxford Bibliographies Online Research Guide by Douglas Husak
Cover of the book The Return of Ordinary Capitalism by Douglas Husak
Cover of the book Turkey by Douglas Husak
Cover of the book The Beats: A Very Short Introduction by Douglas Husak
Cover of the book Political Institutions and Practical Wisdom by Douglas Husak
Cover of the book Myth : A Biography Of Belief by Douglas Husak
Cover of the book Ka'aba: Oxford Bibliographies Online Research Guide by Douglas Husak
Cover of the book The Origin and Evolution of New Businesses by Douglas Husak
Cover of the book China's Technological Catch-Up Strategy by Douglas Husak
Cover of the book My Lai by Douglas Husak
Cover of the book The Ways of the World by Douglas Husak
Cover of the book Solution-Focused Brief Therapy with Clients Managing Trauma by Douglas Husak
Cover of the book The Year of Sharing - With Audio Level 2 Oxford Bookworms Library by Douglas Husak
Cover of the book The Elephant Man Level 1 Oxford Bookworms Library by Douglas Husak
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy