Thinking about (Hidden) Criminalisation

Abstract

Criminalisation is now seen as one of the central issues in criminal law theory. However, in spite of the (rather belated) recognition of the importance of the topic, a number of fundamental questions remain unaddressed (Duff et al. 2014) and, in many cases, not even openly acknowledged. I discuss three such questions here, prompted by the articles in this excellent special issue on ‘Hidden Criminalisation’ and, in doing so, I raise a fourth and broader issue about the possible limits of criminalisation theory.

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Published: 2018-09-01
Pages:4 to 8
Section:Commentary
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Author Biography

I am Professor of Law at the University of Glasgow, Scotland. My research interests are primarily in the areas of criminal law, legal theory and legal history - and especially the intersections between these areas. My most recent book is Making the Modern Criminal Law: Criminalization and Civil Order (Oxford, 2016)