DOCSLIB.ORG

Book Reviews

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Book Reviews Journal of Criminal Law and Criminology Volume 49 | Issue 4 Article 15 1959 Book Reviews Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Book Reviews, 49 J. Crim. L. Criminology & Police Sci. 360 (1958-1959) This Book Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. BOOK REVIEWS [Vol. 49 and insights to existing legal knowledge, as well as P. King of Haddonfield, N. J.; James S. Palermo useful proposals for reform, but it also gives law of Hazelton, Pa.; Frederic M. Reuss, Jr. of Hollis, students the chance to study the law in action as N. Y.; John W. Roberts of Stamford, Conn.; and well as the law in the books." Allen G. Schwartz of Brooklyn, N. Y. The seven students who participated in the JAmES C. N. PAUL, Director project are: George J. Alexander, Philadelphia, Institute of Legal Research, Pa.; Melvin D. Glass of Brooklyn, N. Y.; Michael Univ. of Penna. BOOK REVIEWS SIR JAMES FITZJAMES STEPHEN (1829-1894) AND husband by poison. He sentenced her to death but His CONTRIBUTIONS TO THE DEVELOPmENT OF the sentence was later commuted. CRrmiNAL LAW. By Leon Radzinowicz, LL.D. Stephen was a champion of criminal law codifica- Director of the Department of Criminal Science tion upon which he worked assiduously after his and Fellow of Trinity College, Cambridge. return from India. London, Bernard Quaritch, 11 Grafton Street, Besides several hundred essays he published a W, 1957. Pp. 70, Price 6s. 6d. Digest of the Law of Evidence and a Digest of the Dr. Leon Radzinowicz, in this 1957 Selden Criminal Law. His magnum opus was the History Society Lecture on Sir James Fitzjames Stephen of the Criminal Law of England, published in 1883. (1829-1894) pointed out that one of Stephen's He also published the General View of the Criminal earliest essays was on the "Characteristics of Law and a Digest of the Law of Criminal Pro- English Criminal Law." "He was the first to in- cedure in Indictable Offences. terpret the present state of the criminal law by an Lord Goddard referred to Stephen as, "That examination of its antecedents and to blend the great master of criminal law." historical and expository mode of analysis; the Dr. Leon Radzinowicz said in summing up, first to turn his back upon the amorphous and dis- "Thus in the brief space of fifty years, between jointed structure of all the current text-books in 1830 and 1880, penal administration had under- which case was heaped upon case and statute upon gone many changes and a different attitude statute leaving the reader confused and bored." towards crime and punishment had developed. He proposed many changes in the criminal law. During this period of flux, Stephen, the barrister, codifier, writer and judge, was exercising his in- Among others was the removal of the distinction quiring mind in reflexions upon criminal matters between felonies and misdemeanors and a general of all kinds." re-grouping of crimes; a broadening of the concept "Perhaps we do not realize as we should, wrote of criminal insanity; to change the definition of Professor (Dean) John H. Wigmore, 'that in Sir broaden the definition an unlawful assembly; to James Fitzjames Stephen's History of the English of criminal contempts, and to restate the law of Criminal Law and Mr. L. Owen Pike's History of blasphemous libel in order to promote freedom of Crime in England, taken in combination, we pos- religious speech." sess an account such as no other single country "To him the retention of capital punishment possesses-except perhaps Italy!" was the keystone of all moral and penological There is a bibliography of Stephen's Publica- principles." tions and Selected Manuscripts, including Histori- He helped bridge the gap between the criminal cal, Biographical and Critical Publications. Those code of India and the criminal law of England. interested in genealogy will find a Table of the Among the cases he heard as judge was the cause Stephen Family. c~l~bre involving the American Mrs. Florence JOHN W. CURRAN Maybrick. She was charged with murdering her De Paul University 19581 BOOK REVIEWS PosITrIoN AND SUBJEcT-MATER o CRnuNoLoGY; the normative aspect of crime, we run the risk of INQUmY CONCERmNG TiEORETICAL CRM- mutilating reality beyond recognition." Thus he NOLOGY. By H. Biandzi. North-Holland Publish- clearly goes on record in favor of a broad multi- ing Co., Amsterdam, Netherlands, 1956. pp. disciplinary approach to the problems of crime and VIII + 216 (Paper bound). $3.25. the criminal. This monograph, by Hermanus Bianchi, was It is when Dr. Bianchi turns to proposals for originally published as a thesis in partial fulfill- the reconstruction of criminology that he gets into ment of the requirements for a degree at the Vrije serious trouble. Like some American sociologists, Universiteit, Amsterdam, where the author is now he believes that the term "crime" must be freed a member of the department of criminology. Its from its legal restrictions so that it may serve purpose, according to the author, is to promote ,science in an objective analysis of the norms of criminology as a science in its own rights and in- society. After dragging the reader through a morass dependent of the control of other sciences, such of verbosity, Dr. Bianchi defines crime as "a sinful, as sociology, psychology, and psychiatry. ethically blameworthy, defiant and erroneous act, The volume is divided into an introduction and eventually prohibited by penal law, at any rate five parts in which Dr. Bianchi examines the scope, deserving to be followed by conscious counter- theory, and contents of criminology and makes action on the part of society, which inits behavior- recommendations for its reconstruction. It also aspects is the evidence of a failure of reciprocal contains a list of references and an index of authors' socio-physical adjustment of society and the indi- names, but it has no subject index. However, the vidual, being a 'deficient' mode of expression by table of contents does have explanatory notes which man runs counter to his own self." While regarding the subject matter of each chapter. the reader is still trying to recover from this flood The task undertaken by Dr. Bianchi is a formi- of unbelievable verbiage, he is amazed to find the dable one requiring not only a broad understand- author saying: "It is, of course, not possible to ing of sociology, anthropology, psychology, and record all the appendages of crime in one defini- psychiatry, but also a firm grasp of the principles tion since such an attempt would indeed require of criminal law. However, there has long been a the whole of a book. We are, therefore, not deluded need of a searching examination of the funda- by the belief that, not even approximately, all the mental concepts of criminology, its position in the incidentals of crime have been considered." fraternity of sciences, and its relationship to the The author's unwieldy definition of crime not criminal law, and the author's inquiry is certainly only flies in the face of customary usage, but also a timely one. in effect removes the term "crime" entirely from Regardless of how Dr. Bianchi's recommenda- the domain of science by tying it to the concept tions for the improvement of the present situation of sin, for, as Dr. Bianchi naively admits, "the- may be received, he must be praised for his efforts ology of all times has after all not been able to to solve a most difficult problem and for the sound solve the problem of sin." How we are to advance position he takes with regard to some fundamental the cause of science in a field already crowded with issues in the field of criminology. Thus he believes difficult problems by introducing an even greater that criminology must focus itself on both crime unsolved problem the author does not make clear. and man and must therefore take into account all Dr. Bianchi's troubles stem from his avowed the social sciences as well as the criminal law. In purpose to create an independent theoretical his opinion, the days of criminology conceived as criminology. And yet to reduce the ills of crimi- merely a section of sociology are over for "a re- nology no such grandiose plan is necessary. What duction of criminology to 'sociology of crime' de- is needed is a clear recognition that our knowledge prives the subject-matter of criminology of very of human behavior is still decidedly limited, that essential phases of the crime problem and the all sciences must contribute to an understanding problems concerning the perpetrators of crime." of the origin, nature, and development of the norms However, Dr. Bianchi emphatically disagrees both of human behavior and the causes of their viola- with those who would label most criminals as tion, and that thus both the crime and the criminal victims of mental disease and with those who would must be taken into consideration in the study of explain crime largely in terms of the biological criminology. In order to avoid confusion and mis- factor because, as he explains, "whenever we omit understanding, it is wiser to retain the term BOOK REVIEWS [Vol. 49 "crime" for the violations of the norms that are especially helpful for students, police and public embodied in the criminal law and to use some such officials, parents and citizens who are truly in- term as deviant behavior for violations of all norms terested in the welfare of their communities.
Load more

Recommended publications
  • Liberty, Equality, Fraternity (LF Ed.) [1874]
    The Online Library of Liberty A Project Of Liberty Fund, Inc. James Fitzjames Stephen, Liberty, Equality, Fraternity (LF ed.) [1874] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected].
    [Show full text]
  • On Same-Sex Marriage, the Supreme Court's Opinion in United States V
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2013 The Collapse of the Harm Principle Redux: On Same-Sex Marriage, the Supreme Court's Opinion in United States v. Windsor, John Stuart Mill's Essay On Liberty (1859), and H. L. A. Hart's Modern Harm Principle Bernard E. Harcourt Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Law and Philosophy Commons, and the Sexuality and the Law Commons Recommended Citation Bernard E. Harcourt, The Collapse of the Harm Principle Redux: On Same-Sex Marriage, the Supreme Court's Opinion in United States v. Windsor, John Stuart Mill's Essay On Liberty (1859), and H. L. A. Hart's Modern Harm Principle, FOUNDATIONAL TEXTS IN MODERN CRIMINAL LAW, MARKUS DUBBER, ED., OXFORD UNIVERSITY PRESS, 2014; U OF CHICAGO PUBLIC LAW WORKING PAPER NO. 437 (2013). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1818 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. CHICAGO PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 437 THE COLLAPSE OF THE HARM PRINCIPLE REDUX: ON SAME-SEX MARRIAGE, THE SUPREME COURT’S OPINION IN UNITED STATES V. WINDSOR, JOHN STUART MILL’S ESSAY ON LIBERTY (1859), AND H.L.A. HART’S MODERN HARM PRINCIPLE Bernard E. Harcourt THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2013 This paper can be downloaded without charge at the Public Law and Legal Theory Working Paper Series: http://www.law.uchicago.edu/academics/publiclaw/index.html and The Social Science Research Network Electronic Paper Collection.
    [Show full text]
  • Mundella Papers Scope
    University of Sheffield Library. Special Collections and Archives Ref: MS 6 - 9, MS 22 Title: Mundella Papers Scope: The correspondence and other papers of Anthony John Mundella, Liberal M.P. for Sheffield, including other related correspondence, 1861 to 1932. Dates: 1861-1932 (also Leader Family correspondence 1848-1890) Level: Fonds Extent: 23 boxes Name of creator: Anthony John Mundella Administrative / biographical history: The content of the papers is mainly political, and consists largely of the correspondence of Mundella, a prominent Liberal M.P. of the later 19th century who attained Cabinet rank. Also included in the collection are letters, not involving Mundella, of the family of Robert Leader, acquired by Mundella’s daughter Maria Theresa who intended to write a biography of her father, and transcriptions by Maria Theresa of correspondence between Mundella and Robert Leader, John Daniel Leader and another Sheffield Liberal M.P., Henry Joseph Wilson. The collection does not include any of the business archives of Hine and Mundella. Anthony John Mundella (1825-1897) was born in Leicester of an Italian father and an English mother. After education at a National School he entered the hosiery trade, ultimately becoming a partner in the firm of Hine and Mundella of Nottingham. He became active in the political life of Nottingham, and after giving a series of public lectures in Sheffield was invited to contest the seat in the General Election of 1868. Mundella was Liberal M.P. for Sheffield from 1868 to 1885, and for the Brightside division of the Borough from November 1885 to his death in 1897.
    [Show full text]
  • FITZJAMES STEPHEN and the DEVELOPMENT of MODERN ABORTION LAW Kate Gleeson1
    Plymouth Law and Criminal Justice Review (2016) 1 ALLEVIATING THE ‘MISERABLE CONDITION’: FITZJAMES STEPHEN AND THE DEVELOPMENT OF MODERN ABORTION LAW Kate Gleeson1 Abstract Contemporary English abortion law is now typically thought to be a development of the twentieth century, and little academic attention has been paid to its development before the 1938 case of R v Bourne or the Abortion Act 1967. Sir James Fitzjames Stephen’s nineteenth century perspectives on pregnancy, abortion and the doctrine of necessity informing the basis of contemporary governance of abortion, child destruction, and infanticide as distinct from homicide, are often overlooked. Stephen understood abortion, child destruction and infanticide as distinct crimes with a common motivation and intention. The desperation of women to conceal or remedy the ‘miserable’ and emotionally destabilising condition of unplanned pregnancy typically defined each crime; the exception being cases of medical emergency during pregnancy which sometimes defined abortion and child destruction. Stephen argued that punishment required public assent and support in order to deter crime, and severe punishment in these cases rarely had either. In the twentieth century Stephen’s radical Victorian arguments to conceptualise abortion as a legitimate medical procedure (in the case of necessity), and to characterise child-killing as distinct from homicide, were finally effective: his model for law therefore informs contemporary English law in these areas. Keywords: Fitzjames Stephen, abortion, Abortion Act 1967, child destruction, infanticide medical procedure, R v Bourne Introduction In the nineteenth century Sir James Fitzjames Stephen was well known as a highly influential Victorian patriarch: an Indian administrator, jurisprudent, Queen’s Bench judge, political theorist and prolific journalist, who was John Stuart Mill’s greatest contemporary nemesis.
    [Show full text]
  • Virginia Woolf's to the Lighthouse: Toward an Integrated Jurisprudence
    Virginia Woolf's To the Lighthouse: Toward an Integrated Jurisprudence Lisa Weilt I. INTRODUCTION Since the publication of Virginia Woolf s novel To the Lighthouse in 1927, a significant volume of critical commentary has grown to surround the work. These critical interpretations come in two types: some consider Woolf's technical experiments in style and form;' others consider her ideology. Commentaries which address Woolf's ideology include discussions of her views on philosophy, aesthetics, relations between the sexes, and feminist issues.2 In recent years, scholars have approached the novel with the insight of Woolf's autobiographical writings and have taken a particular interest in feminist and psychoanalytical themes in the work. This Article's analysis differs from the existing body of commentary by exploring another dimension of Woolf's ideology: her legal philosophy. Existing commentaries interpret the celebrated expedition to the Lighthouse as a quest for psychological maturity, truth, harmonious social relations between men and women, and aesthetic harmonies. This Article adds another dimension to the symbolic voyage and interprets the expedition as a quest for justice. Critics have often placed Woolf within the intellectual aristocracy of her time and judged her as an elitist who avoided themes of social and political importance.4 This Article counters that criticism and concludes that Woolf's t B.A. University of Pennsylvania, 1989; J.D. Georgetown University Law Center, 1993. 1 would especially like to thank my research advisor, Professor Robin West, whose scholarship and teaching, and insightful comments enriched this essay and this author. I would also like to thank Professor Mari Matsuda for her exemplary integration of feminist method and theory in the classroom.
    [Show full text]
  • A Tale of a Table: Oscar Wilde, Virginia Woolf, and the Legacy of Thomas Carlyle
    A Tale of a Table: Oscar Wilde, Virginia Woolf, and the Legacy of Thomas Carlyle MARYLU HILL The following essay is a version of a plenary address given at the Carlyle Conference, University of Edinburgh, 10–12 July 2012. he story begins with an entry in an 1895 auction catalogue for 16 Tite Street, Chelsea—Oscar Wilde’s Tresidence. The auction was part of the bankruptcy sale occasioned by the costs of the infamous trials that resulted in his imprisonment for gross indecency. The catalogue entry reads as follows: “Lot number 171: An Antique Mahogany Writing Table, with 2 flaps, rising slope, and draw-out desk, fitted—formerly the property of Thomas Carlyle, the Historian” (Munby 386). In addition, the auction catalogue prominently features “Carlyle’s Writing Table” on its cover, clearly as a selling point. The listing raises two important questions: first, how did Oscar Wilde get the desk, and second, why would he of all people particularly want Carlyle’s writing desk? Each biography of Wilde, from the earliest to the most recent, claims roughly the same thing: Wilde purchased the desk sometime around the time he moved to Tite Street with his new wife Constance (so presumably in 1883 or thereabouts).1 1 See R. H. Sherard, The Life of Oscar Wilde (1911); Hesketh Pearson, Oscar Wilde: His Life and Wit (1946); Richard Ellmann, Oscar Wilde (1987), and Thomas Wright, Built of Books: How Reading Defined the Life of Oscar Wilde (2008). CSA 29 2013 138 CARLYLE STUDIES ANNUAL According to the biographers, the writing table was the one used by Carlyle while writing The French Revolution, and Wilde told friends he hoped it would inspire him to write.
    [Show full text]
  • D. Weinstein Wake Forest University Interpreting Mill Abstract My Paper
    D. Weinstein Wake Forest University Interpreting Mill Abstract My paper will address some of the interpretative dangers that analytical moral philosophers face when they appropriate Mill to tackle contemporary conundrums such as the "coherence problem" of rule utilitarianism. I will suggest that appropriating Mill this way risks reading into him philosophical concerns and dilemmas that he would not have had. This is not to say that Mill and his 19th century readers did not anticipate some of the conceptual and logical problems allegedly plaguing rule utilitarianism and liberal utilitarianism that have preoccupied contemporary moral philosophers and Mill scholars. But I do wish to insist that whatever we have made out of these problems, we should avoid reading our often sophisticated and technical reformulations and elaborations back into Mill himself. Understanding Mill means not just reading him in context but also not reading carelessly him from our often differently motivated context. My paper’s concerns obviously draw from Quentin Skinner and others. Introductory Utilitarianism is hardly a recent invention and so many of its shortcomings have a long history. Lamentably, far too few of its recent analytical advocates and detractors know enough about this history since they barely know much more about utilitarianism’s earlier champions outside of Bentham and Mill. But even our ongoing infatuation with Mill has left too many of us “dumb” to Mill’s contemporary critics, causing us to reinvent some of their criticisms as if they were innovative discoveries. Contemporary utilitarians and their critics act as if Mill was writing directly and exclusively to us. They remember their Mill but have forgotten his immediate audience.
    [Show full text]
  • The Thought of Sir James Fitzjames Stephen
    Against Theories of Punishment: The Thought of Sir James Fitzjames Stephen Marc 0. DeGirolami* This paper reflects critically on what is the near-universal contemporary method of conceptualizing the tasks of the scholar of criminal punishment. It does so by the unusual route of considering the thought of Sir James Fitzjames Stephen, a toweringfigure in English law andpolitical theory, one of its foremost historiansof criminal law, and a prominent public intellectual of the late Victorian period. Notwithstanding Stephen's stature, there has as yet been no sustained effort to understand his views of criminal punishment. This article attempts to remedy this deficit. But its aims are not exclusively historical. Indeed, understanding Stephen's ideas about the nature of punishment serves two purposes, one historicaland the other theoretical. The historicalaim is to elucidate Stephen's own thought, a subject which has been thoroughly contested and, unfortunately, deeply misunderstood. The primary culprit has been exactly the effort to pin down Stephen's ideas about punishment as retributivist, or consequentialist,or a specific hybrid. The drive to systematize Stephen's thought has had the regrettable effect of flattening it, in some cases unrecognizably. Though he followed Kant, Hegel, Beccaria, and Bentham, Stephen wrote at a time that preceded the full flowering of the philosophy of punishment by roughly a century, and his assumptions and arguments about the nature and purposes of punishment are an uncomfortable fit within the modern hard-edged methodology of punishment theory. The theoretical aim concerns whether punishment theory might learn from its serious misunderstanding and misrepresentation of Stephen, whether and to what extent its own methodologicalassumptions ought to be adjusted in light of the paper's historical reconstruction.
    [Show full text]
  • Virginia Woolf: Masculinity As Imperial 'Parade'
    Kunapipi Volume 18 Issue 1 Article 7 1996 Virginia Woolf: Masculinity as Imperial 'Parade' Barbara Rasmussen Follow this and additional works at: https://ro.uow.edu.au/kunapipi Part of the Arts and Humanities Commons Recommended Citation Rasmussen, Barbara, Virginia Woolf: Masculinity as Imperial 'Parade', Kunapipi, 18(1), 1996. Available at:https://ro.uow.edu.au/kunapipi/vol18/iss1/7 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Virginia Woolf: Masculinity as Imperial 'Parade' Abstract This paper is a joke. Of course it is a serious joke and I'm haunted by Freud's suggestion in jokes and their Relation to the Unconscious that 'a joke loses its effect of laughter' for the recipient 'as soon as he is required to make an expenditure of intellectual work in connection with it'. 1 So relax and envisage me agonizing over my paper when I should have been dealing with Second Year modularisation and suddenly urgently a~are I had washing-up to do. So on go the radio and my rubber gloves and I gatner that in a few moments Dr Karen Burke will be telling 'us ladies' how to have ' thin thighs for life'.2 My ears prick up, suddenly cellulite is one of life's major problems. This journal article is available in Kunapipi: https://ro.uow.edu.au/kunapipi/vol18/iss1/7 38 Barbara Rasmussen BARBARA RASMUSSEN Virginia Woolf: Masculinity as Imperial /Parade/ This paper is a joke. Of course it is a serious joke and I'm haunted by Freud's suggestion in jokes and their Relation to the Unconscious that ' a joke loses its effect of laughter' for the recipient 'as soon as he is required to make an expenditure of intellectual work in connection with it'.
    [Show full text]
  • J.F. Stephen's on Fraternity and Mill's Universal Love1
    Τέλος Revista Iberoamericana de Estudios Utilitaristas-2012, XIX/1: (77-82) ISSN 1132-0877 J.f. Stephen’s On Fraternity And Mill’s Universal Love1 José Montoya University of Valencia In chapter 3 of Utilitarianism, J.S. Mill forcefully presents and defends the idea of a universal love for humanity proclaimed to be the definitive and final sanction of morality; a love that constitutes (in Mill’s words) “a natural basis of sentiment for utilitarian morality”. Once we knowledge that general happi- ness constitutes the ethical standard, only that sentiment can afford us the strength to carry out this utilitarian morality and constitute the adequate sanction for this demanding standard. Again, in Mill’s words, “this firm foundation is that of the so- cial feelings of mankind; the desire to be in unity with our fe- llow creatures, which is already a powerful principle in human nature, and happily one of those which tend to become stron- ger, without express inculcation, from the influences of advan- cing civilization. The social state is at once so natural, so neces- sary, and so habitual to man, that… he never conceives himself otherwise than as a member of a body; and this association is riveted more and more as mankind are further removed from the state of savage independence” (p.284). This progressive fortification of social ties does not only give everyone a practical interest in the well-being of everyone else, but “it also leads him to identify his feelings more and more with their good”, and identification that will take on, in the ex- treme case, the character of a religion: “If we now suppose this feeling of unity to be taught as a religion, and the whole force of education, of institutions, and of opinion, as it was once in the case of religion, to make every person to grow up from in- fancy surrounded on all sides both by the profession and by 1 This work has been developed inside the research project MINECO 2012 spon- sored by the Spanish Government, ref.
    [Show full text]
  • Joel Feinberg on Crime and Punishment: Exploring the Relationship Between the Moral Limits of the Criminal Law and the Expressive Function of Punishment
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2001 Joel Feinberg on Crime and Punishment: Exploring the Relationship Between The Moral Limits of the Criminal Law and The Expressive Function of Punishment Bernard Harcourt Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Criminal Law Commons, and the Law Enforcement and Corrections Commons Recommended Citation Bernard Harcourt, Joel Feinberg on Crime and Punishment: Exploring the Relationship Between The Moral Limits of the Criminal Law and The Expressive Function of Punishment, 5 BUFF. CRIM. L. REV. 145 (2001). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/647 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Joel Feinberg on Crime and Punishment: Exploring the Relationship Between The Moral Limits of the CriminalLaw and The Expressive Function of Punishment Bernard E. Harcourt* When I was originally approached to participate in this Symposium on the work and legacy of Joel Feinberg, I immediately began thinking about the influence of his essay The Expressive Function of Punishment' on contemporary criminal law theory in the United States. That essay has contributed significantly to a growing body of scholarship associated with the resurgence of interest in expressive theories of law.2 In the criminal law area, the expressivist movement traces directly and foremost to Feinberg's essay. As Carol Steiker observes, "Joel Feinberg * Associate Professor of Law, University of Arizona; Visiting Professor of Law, Harvard University.
    [Show full text]
  • The Political Theology of Sir James Stephen
    Solidarity: The Journal of Catholic Social Thought and Secular Ethics Volume 5 | Issue 1 Article 5 2015 The olitP ical Theology of Sir James Stephen Raymond Heslehurst [email protected] Follow this and additional works at: http://researchonline.nd.edu.au/solidarity ISSN: 1839-0366 COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been copied and communicated to you by or on behalf of the University of Notre Dame Australia pursuant to part VB of the Copyright Act 1969 (the Act). The am terial in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. Recommended Citation Heslehurst, Raymond (2015) "The oP litical Theology of Sir James Stephen," Solidarity: The Journal of Catholic Social Thought and Secular Ethics: Vol. 5: Iss. 1, Article 5. Available at: http://researchonline.nd.edu.au/solidarity/vol5/iss1/5 This Article is brought to you by ResearchOnline@ND. It has been accepted for inclusion in Solidarity: The ourJ nal of Catholic Social Thought and Secular Ethics by an authorized administrator of ResearchOnline@ND. For more information, please contact [email protected]. The olitP ical Theology of Sir James Stephen This article is available in Solidarity: The ourJ nal of Catholic Social Thought and Secular Ethics: http://researchonline.nd.edu.au/ solidarity/vol5/iss1/5 Heslehurst: The Political Theology of Sir James Stephen The Political Theology of Sir James Stephen Raymond Heslehurst Introduction The immediate previous Prime Minister of Australia (Mr.
    [Show full text]