Account Of Criminal Law Research Articles

Criminal Law and Republican Liberty: Philip Pettit\u2019s Account

Philip Pettit has made central to modern republican theory a distinctive account of freedom—republican freedom. On this account, I am not free solely because I can make choices without interference. I am truly free, only if that non-interference does not itself depend on another’s forbearance (what Pettit calls ‘formal’ freedom). Pettit believes that the principal justification for the traditional focus of the criminal law is that it constitutes a bulwark against domination. I will, in part, be considering the merits of this claim. Is the importance of the orthodox realm of the criminal law solely or mainly explained by the wish to protect people from domination? In short, the answer is that it is not. Across the board, the criminal law rightly protects us equally from threats to what Pettit calls ‘effective,’ as opposed to formal, republican freedom. I will develop my critique of Pettit’s account of criminal law, in part to raise questions about the role of ‘domination’ in political theory, and about whether it poses a significant challenge to liberal accounts of criminal law.

Durkheim’s theory of anomie and crime: A clarification and elaboration

In contemporary criminology, the proposal of a relationship between anomie and crime typically is traced to the work of Émile Durkheim. Yet, despite the prominence of anomie theory in this field, Durkheim’s theory of anomie and crime has not been carefully explicated and elaborated. Durkheim did not provide an extensive discussion of how anomie affects crime rates, and he certainly did not present anomie as the only cause of crime. Nonetheless, a careful examination of his rather elusive concept of anomie, together with a few small inferences, yields a relatively coherent theory of crime that differs from the popular interpretations of his work. The analysis begins with an inquiry into five different conceptions of anomie that can be abstracted from Durkheim’s writings. This is followed by an examination of what he implied regarding anomie as a cause of property crime, violent crime, and “juvenile crime.” The final section explores the effects of anomie on criminal law—that is, on decisions to define and treat various actions as criminal. Unlike most contemporary anomie theories, Durkheim’s theory, as elaborated in this article, integrates a theory of crime causation with an account of criminal law.