Harvard Law Review · Criminology Essence

Author: (USA) Gluck
Publisher:
Publish Date: 2005-12-01
Features: This book selects 7 chapters, including:
- From the "Theoretical Basis of Criminal Law" section: "Principles of Rational Criminal Law," "Theoretical Basis of Criminal Intent," and "Challenges to the Model Criminal Code."
- From the "Substantive Scope of Criminal Law" section: "Criminal Attempt" and "Criminal Law Development: Conspiracy."
- From the "Procedural Safeguards" section: "Cruel and Unusual Punishment Clauses and Substantive Criminal Law."
- From the "Operation of Criminal Law" section: "Civil Commitment of the Mentally Ill: Theory and Procedure."
Additionally, the two articles "Corporate Criminal Responsibility: What Is Its Purpose?" and "Punishing Danger: Preventive Detention Under the guise of Criminal Justice" can be categorized under the "Substantive Scope of Criminal Law" and "Operation of Criminal Law" sections, respectively. These articles largely constitute the knowledge structure and perspective within the American legal context. Specifically, they explore:
- The fundamental theories of criminal law from the perspectives of criminal philosophy and criminal jurisprudence.
- The scope of criminalization from angles such as "criminal attempt," "conspiracy," and "corporate subjectivity."
- The constitutionality and human rights protection functions of criminal law from the perspectives of constitutional law and criminal procedure.
- The setting of penalties and the improvement of security measures from the operational perspective of criminal law.
In English, "Criminal Law" is often translated as "," but as shown in the introduction, it is more akin to what we commonly refer to as "" (Criminal Justice) and even broader in scope, such as including measures like the civil commitment of the mentally ill, which restrict personal freedom, under the umbrella of criminal law.
This book is based on the Harvard Law Review and primarily introduces topics such as the principles of rational criminal law, the theoretical basis of criminal intent, the development of criminal law, and corporate criminal responsibility.