Structure and Function in Criminal Law

Structure and Function in Criminal Law

Structure and Function in Criminal Law

Structure and Function in Criminal Law

Synopsis

Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide.

Excerpt

In this original and distinctive book, Paul Robinson presents an integrated statement of the results of several years of criminal law theorising and of practical experience of working with and drafting criminal codes. It begins with an analysis of the existing structure of systems of criminal law in the Anglo-American tradition. This is followed by an exploration of the structure of criminal law in terms of its functions, identifying and elaborating the separate functions of articulating rules, establishing grounds of liability, and grading offences. The final part of the book develops some principles for drafting criminal codes using the insights gained, and two appendices contain actual drafts prepared on this basis. Anyone who has reflected on the organisation of the criminal law will find this a rewarding book which challenges assumptions and points new ways. For those charged with reform and/or codification of the criminal law, it sets out standards and distinctions which will command attention for many years to come. I am delighted that Paul Robinson has been able to write such a powerful book for the series.

Andrew Ashworth . . .

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