Preface
Acknowledgements
Chapter One: The Amount of Criminal Law
I c Too Much Punishment, Too Many Crimes:
II: How More Crimes Produce Injustice
III: The Content of New Offenses
IV: An Illustration of Overcriminalization
Chapter Two: Internal Constraints on Criminalization
I: The General Part of Criminal Law
II: From Punishment to Criminalization
III: A Right Not to Be Punished?
IV: Malum Prohibitum
Chapter Three: External Constraints on Criminalization
I: Infringing the Right Not to be Punished
II: The Devil in the Details
III: Crimes of Risk-Creation
Chapter Four: Alternative Theories of Criminalization
I: Law and Economics
II: Utilitarianism
III: Legal Moralism
Douglas Husak is Professor of Philosophy and Law at Rutgers University.
"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
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