Philosophical foundations of criminal law / edited by R.A. Duff and Stuart P. Green.

Contents:

Part. 1. Criminal law and political theory.
Criminal law as public law
Republicanism and the foundations of criminal law
Political theory and the criminal law
Foundations of state punishment in modern liberal democracies: toward a genealogy of American criminal law
Responsibility for the criminal law
Responsibility, citizenship, and criminal law

Part. 2. The substance of criminal law.
The resurgence of character: responsibility in the context of criminalization
Intention as a marker of moral culpability and legal punishability
Wrongdoing and motivation
Understanding the topography of moral and criminal law norms
Beyond the special part
Just prevention: preventive rationales and the limits of the criminal law
The ontological problem of 'risk' and 'endangerment' in criminal law
The de minimis 'defence' to criminal liability
Just deserts in unjust societies: A Case-specific approach

Part. 3. Process and punishment.
Groundwork for a jurisprudence of criminal procedure
The substance-procedure relationship in criminal law
Two kinds of retributivism

Part. 4. Across borders and into the future.
Piercing sovereignty: a rationale for international jurisdiction over crimes that do not cross international borders
Criminal law and morality at war
Criminal liability and 'smart' environments

Includes bibliographical references and index.