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The Making of Chinese Criminal Law
By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissa...
Confronting Penal Excess
This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions. It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary i...
Regulating Preventive Justice
Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the ...
In Search of Criminal Responsibility
What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century....
Criminal Justice
Criminal Justice challenges conventional understanding of crime, criminal justice and punishment by revealing their meanings to be open to multiple interpretations. It explores the historical contingency and cultural specificity of the institutions and practices of criminal justice. And it considers the many, often conflicting, roles fulfilled by the various players in the criminal process. In so doing, it reveals criminal justice to be more diverse and its purposes more contested than conventional accounts allow. The book concludes by asking whether radical changes in crime control and the pursuit of security, currently the subject of so much academic and political interest, signify the end of criminal justice as we know it.
Security
Just a decade ago security had little claim to criminological attention. Today a combination of disciplinary paradigm shifts, policy changes, and world political events have pushed security to the forefront of the criminological agenda. Distinctions between public safety and private protection, policing and security services, national and international security are being eroded. Post-9/11 the pursuit of security has been hotly debated not least because countering terrorism raises the stakes and licenses extraordinary measures. Security has become a central plank of public policy, a topical political issue, and lucrative focus of private venture but it is not without costs, problems, and para...
Victimology
Victimology is a recent sub-discipline of criminology, combining academic appreciation of the significance of victims and victimization to the analysis of crime, with the politics and practical succour of victims. This work explores the history and origins of this area of crime.
History of Criminology
This work describes and illustrates the evolution of criminological theory in Britain and the US. The editor explains how a recognizable criminology emerged in the campaigns of penal reformers in the 18th and early 19th century, and was then studied as an academic field in the 20th century. The book intersperses writings of 300 years of criminology with criminological historians' own arguments about the development of their discipline.
Invisible Women
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