Eldar on Duff on Deliberating About Criminalization

Monday, February 18, 2019

 

In his masterful new book 'The Realm of Criminal Law', Antony Duff offers both a principle of Criminalization and a method for public deliberation about the scope of criminalization. Duff's proposed method of deliberation assumes that a polity reaches a clear vision of its civil order and of the extent of public wrongs before it begins to deliberate which public wrongs deserve the response of criminalization. I argue that a polity's conception of public wrongs (and indeed, of its civil order) is in part defined through, and not before the formulation of criminal prohibitions. The upshot of this argument is a process of deliberation that is more fluid than the stringent progression in Duff's model.

https://lawprofessors.typepad.com/crimprof_blog/2019/02/eldar-on-duff-on-deliberating-about-criminalization.html

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Eldar on Duff on Deliberating About Criminalization curated from CrimProf Blog