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The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. The theory of criminal justice has deep connections to other areas of philosophy, such as political philosophy and ethics , as well as to criminal justice in practice.
Postmodernists shift attention from Marxist concerns of economic and social oppression to linguistic production, arguing that criminal law is a language to create dominance relationships. For example, the language of courts (the so-called "legalese") expresses and institutionalises the domination of the individual, whether accused or accuser ...
see Gardner's SSRN author page for papers free for PDF download (or browser viewing with registration) titles include Law as a Leap of Faith (2000) papers in the Oxford Journal of Legal Studies, including On the Ground of Her Sex(uality) (1988) which was cited in the landmark Navtej Singh Johar v. Union of India ruling [permanent dead link ]
It can be broadly said that criminology directs its inquiries along three lines: first, it investigates the nature of criminal law and its administration and conditions under which it develops; second, it analyzes the causation of crime and the personality of criminals; and third, it studies the control of crime and the rehabilitation of ...
Card, Cross and Jones: Criminal Law, formerly published as An Introduction to Criminal Law and as Cross and Jones' Introduction to Criminal Law, and referred to as Cross and Jones, is a book about the criminal law of England and Wales, originally written by Sir Rupert Cross and Philip Asterley Jones, and then edited by them and Richard Card.
In criminology, the Neo-Classical School continues the traditions of the Classical School [further explanation needed] the framework of Right Realism.Hence, the utilitarianism of Jeremy Bentham and Cesare Beccaria remains a relevant social philosophy in policy term for using punishment as a deterrent through law enforcement, the courts, and imprisonment.
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The book was the first full-scale work to tackle criminal reform and to suggest that criminal justice should conform to rational principles. It is a less theoretical work than the writings of Hugo Grotius , Samuel von Pufendorf and other comparable thinkers, and as much a work of advocacy as of theory.
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