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OverviewThe 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. Full Product DetailsAuthor: Douglas Husak (Professor of Philosophy, Professor of Philosophy, Rutgers University)Publisher: Oxford University Press Inc Imprint: Oxford University Press Inc Dimensions: Width: 24.30cm , Height: 1.80cm , Length: 16.30cm Weight: 0.485kg ISBN: 9780195328714ISBN 10: 019532871 Pages: 248 Publication Date: 06 December 2007 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsPreface Acknowledgements Chapter One: The Amount of Criminal Law I c Too Much Punishment, Too Many Crimes: II: How More Crimes Produce Injustice III: The Content of New Offenses IV: An Illustration of Overcriminalization Chapter Two: Internal Constraints on Criminalization I: The General Part of Criminal Law II: From Punishment to Criminalization III: A Right Not to Be Punished? IV: Malum Prohibitum Chapter Three: External Constraints on Criminalization I: Infringing the Right Not to be Punished II: The Devil in the Details III: Crimes of Risk-Creation Chapter Four: Alternative Theories of Criminalization I: Law and Economics II: Utilitarianism III: Legal MoralismReviewsThis is a rich and thought-provoking account of a much undertheorized and yet hugely important issue. It is true that the model Husak offers is far from comprehensive, with the task of adding substantive content to its skeleton being candidly deferred or delegated at key points. As Husak rightly emphasizes, however, these moments of uncertainty, ambiguity, or imprecision should not be seen as shortcomings, but should be recognizes as challenges for future scholarship...Husak's book signals a bold attempt to 'shake up' the discipline and to reignite our interest in the core issues of justice, wrong, blame, desert, and to proportionality with which we should be concerned. Vanessa E. Munro, New Criminal Law Review, Volume 12 No.2, Spring 2009 This is a rich and thought-provoking account of a much undertheorized and yet hugely important issue. It is true that the model Husak offers is far from comprehensive, with the task of adding substantive content to its skeleton being candidly deferred or delegated at key points. As Husak rightly emphasizes, however, these moments of uncertainty, ambiguity, or imprecision should not be seen as shortcomings, but should be recognizes as challenges for future scholarship...Husak's book signals a bold attempt to 'shake up' the discipline and to reignite our interest in the core issues of justice, wrong, blame, desert, and to proportionality with which we should be concerned. * Vanessa E. Munro, New Criminal Law Review, Volume 12 No.2, Spring 2009 * This is a rich and thought-provoking account of a much undertheorized and yet hugely important issue...Husak's book signals a bold attempt to 'shake up' the discipline and to reignite our interest in the core issues of justice, wrong, blame, desert, and proportionality with which we should be concerned. --Vanessa E. Munro, New Criminal Law Review Trying to stem the tide of fatuous law that emanates from our incontinent legislatures, at least in the US and the UK, is a luckless and thankless task. I admire Husak enormously for his willingness to take the task on, and for the lively, sensible, and good-natured tone that he brings to it. I also admire his anti-authoritarian and anti-managerial moral instincts, sadly at odds with the spirit of the age. But most of all I admire Husak as a professional philosopher of law. His work is clear, thorough, patient, ingenious, insightful, informed, imaginative, and highly distinctive. Overcriminalization is no exception. Even those who are pessimistic about the possibility of deliberately effecting political change through academic work have a huge amount to learn from this wise, timely, and well-written book. --John Gardner, Notre Dame Philosophical Reviews ''Critically important and easily readable.Highly recommended. --CHOICE Douglas Husak embarks upon a provocative and urgent search for a theoretical framework that will enable legislators to identify which of the growing number of criminal law interventions in our daily lives are justified. --Vanessa E. Munro, University of Nottingham It is impossible in a review of this length to do justice to Husak's multilayered exploration of the phenomenon of modern overcriminalization and the theoretical frameworks that might be invoked to redress the injustice that it has generated. This is a rich and thought-provoking account of a much under theorized and yet hugely important issue. --Vanessa E. Munro, University of Nottingham Author InformationDouglas Husak is Professor of Philosophy and Law at Rutgers University. Tab Content 6Author Website:Countries AvailableAll regions |
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