Criminalization The Political Morality of the Criminal Law

The Criminalization series arose from an interdisciplinary investigation into criminalization, focusing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences?

The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts.

The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.

R A Duff, Professor emeritus, and Professor of Law, University of Sterling and University of Minnesota,Lindsay Farmer, Professor of Law, University of Glasgow,S E Marshall, Professor emeritus, University of Stirling,Massimo Renzo, Associate Professor, University of Warwick,Victor Tadros, Professor of Criminal Law and Legal Theory, University of Warwick

R.A. Duff is a Professor Emeritus in the Philosophy Department at the University of Stirling, and holds the Russell and Elizabeth Bennett Chair at the University of Minnesota Law School.


Lindsay Farmer is Professor of Law at the University of Glasgow.


S.E. Marshall is a Professor Emeritus in the Department of Philosophy at the University of Stirling, and a Visiting Research Scholar at the University of Minnesota Law School.


Massimo Renzo is an Associate Professor in the Department of Philosophy at the University of Warwick.


Victor Tadros is Professor of Criminal Law and Legal Theory at the University of Warwick.

1. Introduction: Towards a Theory of Criminalization?, R A Duff, Lindsay Farmer, S E Marshall, Massimo Renzo, Victor Tadros
2. Quantifying Criminalization, James Chalmers and Fiona Leverick
3. Criminal Law as an Institution: Rethinking Theoretical Approaches to Criminalization, Lindsay Farmer
4. Bureaucratic 'Criminal' Law: Too Much of a Bad Thing?, Jeremy Horder
5. Criminalization in Republican Theory, Philip Pettit
6. Contractarian Criminal Law Theory and Mala Prohibita Offenses, Susan Dimock
7. Liberty's Constraints on What Should be Made Criminal, Michael S. Moore
8. Polygamy: A Novel Test for a Theory of Criminalization, Douglas Husak
9. Civil Peace and Criminalization, Anthony Bottoms
10. Marginality, Ethnicity, and Penality: A Bourdieusian Perspective on Criminalization, Loic Wacquant
11. It Isn't Just About You' - Victims of Crime and Their Associated Duties, S E Marshall