Criminalizing Sex

Criminalizing Sex
Author: Stuart P. Green
Publisher: Oxford University Press, USA
Total Pages: 409
Release: 2020
Genre: Law
ISBN: 0197507484

"Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--

Liberal Criminal Theory

Liberal Criminal Theory
Author: A P Simester
Publisher: Bloomsbury Publishing
Total Pages: 408
Release: 2014-12-01
Genre: Law
ISBN: 1782254552

This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.

Liberal Criminal Theory

Liberal Criminal Theory
Author: A P Simester
Publisher: Bloomsbury Publishing
Total Pages: 639
Release: 2014-12-01
Genre: Law
ISBN: 1782254560

This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.

The First Civil Right

The First Civil Right
Author: Naomi Murakawa
Publisher: Oxford University Press, USA
Total Pages: 281
Release: 2014
Genre: Law
ISBN: 0199892806

In The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America. Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.

A Liberal Theory of International Justice

A Liberal Theory of International Justice
Author: Andrew Altman
Publisher: OUP Oxford
Total Pages: 256
Release: 2011-05-26
Genre: Political Science
ISBN: 0191619779

A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants.

Theorizing Crime and Deviance

Theorizing Crime and Deviance
Author: Steve Hall
Publisher: SAGE
Total Pages: 305
Release: 2012-04-20
Genre: Social Science
ISBN: 144625867X

"Anything that takes away from the terminally off key karaoke of so much that passes for theory in criminology is to be welcomed, and this is a fine effort to connect the study of crime and control to an innovative set of theoretical possibilities. A rip-roaring read that slaughters some sacred cows while throwing the odd baby out with the bath water." - Richard Hobbs, University of Essex "Boldly tackles big questions that the discipline has lately been unable or unwilling to confront. Steve Hall′s compelling and original book should help to restart a crucial discussion about the connections between crime and an increasingly volatile and predatory global social order." - Elliott Currie, University of California, Irvine "This erudite and original book synthesizes a dazzling array of thought and evidence to interrogate criminological theory′s dominant conservative and liberal perspectives... This reviewer is left with a sense of criminological theory′s tiredness of intellectual ambition and scope, while Hall′s book leaves a sense of rejuvenation and excitement." - Colin Webster, British Journal of Criminology "A beautifully written, accessible and yet theoretically rigorous piece of writing that should be read by everyone interested in crime, law and social order. The book should be read with an open mind and as a genuine response to the suffocating inability of criminology to free itself from the century old slanging-match between its liberal and conservative wings." - Simon Winlow, University of York Steve Hall uses cutting-edge philosophy and social theory to analyse patterns of crime and harm and illuminate contemporary criminological issues. He provides a fresh, relevant critique of the philosophical and political underpinnings of criminological theory and the theoretical canon′s development during the twentieth century, and applies new Continental philosophy to the criminological problem. Unmatched in its sophistication yet written in a clear, accessible style, this dynamic and highly engaging book is essential reading for all students, researchers and academics working in criminology, sociology, social policy, politics and the social sciences in general.

Conservative Criminology

Conservative Criminology
Author: John Wright
Publisher: Routledge
Total Pages: 151
Release: 2015-11-06
Genre: Social Science
ISBN: 1317298845

Conservative Criminology serves as an important counterpoint to virtually every other academic text on crime. Hundreds of books have been written about crime and criminal justice policy from a variety of perspectives, including Marxist, liberal, progressive, feminist, radical, and post-modernist. To date, however, no book has been written outlining a conservative perspective on crime and criminal justice policy. Not a polemic against liberalism, Conservative Criminology nonetheless focuses on how liberal ideology affects the study of crime and criminals and the policies that criminologist advocate. Wright and DeLisi, both senior scholars, give a voice to a major political philosophy—a philosophy often demonized by academics—and to conservatives in the academic world. In the end, Conservative Criminology calls for an investment in intellectual diversity, a respect for varying political philosophies, and a renewed commitment to honesty in scholarship. The authors encourage debate in the profession about the proper role of ideology in the academy and in public policies on crime and justice. Conservative Criminology is for the criminal justice professional and student. It serves as a stimulating supplement to courses in criminology and criminal justice, as well as a primary text for special issues or capstone courses. This book supports the reader in recognizing ideological biases, whatever they might be, and in considering their own convictions.

Liberalism and Prostitution

Liberalism and Prostitution
Author: Peter de Marneffe
Publisher: Oxford University Press
Total Pages: 204
Release: 2012-04-01
Genre: Philosophy
ISBN: 0199726108

Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are nonetheless morally justifiable. If prostitution is commonly harmful in the way that feminist critics maintain, then this argument for prostitution laws is not objectionably moralistic and some prostitution laws violate no one's rights. Paternalistic prostitution laws in some form are therefore consistent with the fundamental principles of contemporary liberalism.

Law, Ideology and Punishment

Law, Ideology and Punishment
Author: A.W. Norrie
Publisher: Springer Science & Business Media
Total Pages: 239
Release: 2012-12-06
Genre: Philosophy
ISBN: 9400906994

This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.