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Overcriminalization: The Limits of the Criminal Law, by Douglas Husak
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The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
- Sales Rank: #201126 in Books
- Published on: 2009-11-30
- Original language: English
- Number of items: 1
- Dimensions: 6.10" h x .80" w x 9.20" l, .75 pounds
- Binding: Paperback
- 248 pages
Review
"This is a rich and thought-provoking account of a much undertheorized and yet hugely important issue...Husak's book signals a bold attempt to 'shake up' the discipline and to reignite our interest in the core issues of justice, wrong, blame, desert, and proportionality with which we should be concerned."--Vanessa E. Munro, New Criminal Law Review
"Trying to stem the tide of fatuous law that emanates from our incontinent legislatures, at least in the US and the UK, is a luckless and thankless task. I admire Husak enormously for his willingness to take the task on, and for the lively, sensible, and good-natured tone that he brings to it. I also admire his anti-authoritarian and anti-managerial moral instincts, sadly at odds with the spirit of the age. But most of all I admire Husak as a professional philosopher of law. His work is clear, thorough, patient, ingenious, insightful, informed, imaginative, and highly distinctive. Overcriminalization is no exception. Even those who are pessimistic about the possibility of deliberately effecting political change through academic work have a huge amount to learn from this wise, timely, and well-written book."--John Gardner, Notre Dame Philosophical Reviews
''Critically important and easily readable.Highly recommended."--CHOICE
"Douglas Husak embarks upon a provocative and urgent search for a theoretical framework that will enable legislators to identify which of the growing number of criminal law interventions in our daily lives are justified." --Vanessa E. Munro, University of Nottingham
"It is impossible in a review of this length to do justice to Husak's multilayered exploration of the phenomenon of modern overcriminalization and the theoretical frameworks that might be invoked to redress the injustice that it has generated. This is a rich and thought-provoking account of a much under theorized and yet hugely important issue."--Vanessa E. Munro, University of Nottingham
About the Author
Douglas Husak is Professor of Philosophy and Law at Rutgers University.
Most helpful customer reviews
9 of 9 people found the following review helpful.
A must-read for anyone who cares about law
By Boris Yakubchik
This book is written by an excellent philosopher, but keep in mind it's a book written by a philosopher. It might be a more-difficult read than you're used to (because philosophy demands slow, careful reading).
Nevertheless, even compared to non-philosophy books it is very lucid.
In this book you'll get excellent arguments that (at least in the United States) we have too many laws - too much criminalization. You'll get arguments that too many behaviors are considered criminal, and why it's a problem we should all be concerned with.
Read this book (and others by the same author - they are great)!
1 of 2 people found the following review helpful.
First. the earlier questions are focused on fiction. ...
By jerry kendall
First. the earlier questions are focused on fiction. And its a book. It is inanimate. It can not be violent.... The substance of this philosophical book is the authors attempt to develop criteria to decide when criminalization is appropriate. It is well written. A bit redundant in spots, but clear and compelling in its argument. The author sets out 7 criteria and then supports them with understandable examples and arguments that make a technical matter clear.
0 of 1 people found the following review helpful.
Five Stars
By porthos
Excelent book.
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