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eBook The Right Not to be Criminalized: Demarcating Criminal Law's Authority (Applied Legal Philosophy) ePub

eBook The Right Not to be Criminalized: Demarcating Criminal Law's Authority (Applied Legal Philosophy) ePub

by Dennis J. Baker

  • ISBN: 140942765X
  • Category: Administrative Law
  • Subcategory: Law
  • Author: Dennis J. Baker
  • Language: English
  • Publisher: Routledge; 1 edition (June 28, 2011)
  • Pages: 312
  • ePub book: 1831 kb
  • Fb2 book: 1264 kb
  • Other: rtf mbr azw docx
  • Rating: 4.9
  • Votes: 578

Description

This book presents arguments and proposals for constraining criminalization with a focus on the legal limits of the criminal la. Baker, Dennis . The Right Not to Be Criminalized: Demarcating Criminal Law's Authority (May 21, 2012).

This book presents arguments and proposals for constraining criminalization with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. Ashgate Publishing London 2011. com/abstract 2063746.

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Prize: Shortlisted for the SLS Peter Birks Prize for Outstanding Legal Scholarship 2011 'Baker's remedy to the crisis of unjust punishment is to locate a fundamental right not to be criminalized in the . Constitution and its international counterparts. He persuasively argues that the time has come to take this fundamental right seriously. Legislatures that follow Baker's sage advice will produce a more just and enlightened penal code.

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Journal Articles Canada.

Dennis J. Baker, The Right Not to be Criminalized: Demarcating Criminal Law's Authority, (London: Ashgate Applied Legal Philosophy Series, 2011 (ISBN 978-1-4094-2765-0). Journal Articles United States. Journal Articles Canada. Dennis J. Baker, ‘The Impossiblity of a Critically Objective Criminal Law,' (2011) 56(2) McGill L. J. 349. Journal Articles Australia and Asia.

This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book sets out the constitutional limits of the substantive criminal law.

This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. Baker (. hil. joined the Law School in 2008, leaving the Chinese University of Hong Kong where he had taught Criminal Law and Procedure and Penal Theory on the postgraduate JD programme. He has also taught undergraduate criminal law at the University of Cambridge and Equity and Trusts, Comparative Law and Criminal Law at the University of Western Sydney (Australia).

This book sets out the constitutional limits of the substantive criminal law. This book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. This book sets out the constitutional limits of the substantive criminal law.

This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.