Criminalisation and normative theory

Brown, David (2013) Criminalisation and normative theory. Current Issues in Criminal Justice, 25(2), pp. 606-625.

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Abstract

Criminal law scholarship is enjoying a renaissance in normative theory, evident in a growing list of publications from leading scholars that attempt to elucidate a set of principles on which criminalisation and criminal law might — indeed should — be based. This development has been less marked in Australia, where a stream of criminologically influenced criminal law scholarship, teaching and practice has emerged over nearly three decades. There are certain tensions between this predominantly contextual, process-oriented and criminological tradition that has emerged in Australia, characterised by a critical approach to the search for ‘general principles’ of the criminal law, and the more recent revival of interest in developing a set of principles on which a ‘normative theory of criminal law’ might be founded. Aspects of this tension will be detailed through examination of recent examples of criminalisation in New South Wales that are broadly representative of trends across all Australian urisdictions. The article will then reflect on the links between these particular features of criminalisation and attempts to develop a ‘normative theory’ of criminalisation.

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ID Code: 66384
Item Type: Journal Article
Refereed: Yes
Keywords: criminal law, normative theory
ISSN: 1034-5329
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200)
Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Criminological Theories (160204)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Justice
Copyright Owner: Copyright 2013 University of Sydney, Law School, Institute of Criminology
Deposited On: 21 Jan 2014 01:01
Last Modified: 19 Apr 2014 23:04

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