‘‘What is a Crime?’: A Theory of the Legislative Response’

Critical Review of International Social and Political Philosophy, Vol. 12, pp. 63-84, 2009

Posted: 21 Dec 2009

See all articles by Roger Shiner

Roger Shiner

University of British Columbia Okanagan; Okanagan College

Date Written: December 18, 2009

Abstract

Criminal law reform is often taken by theorists to be an abstract, even if normative, exercise in the analysis of doctrinal concepts. Such a picture of criminal law reform does not fit well with the task of the legislator who has to carry out such reform in a political context. How then should the legislator’s task in criminal law reform be understood? Can legal philosophy contribute to understanding that task? These questions are especially important in a political context of value pluralism and multi-culturalism. This article urges that legal philosophy is relevant to criminal law reform seen from a legislative perspective. If a discourse of public reason is to be available in which legislators can conduct criminal law reform, philosophical reflection is needed to frame such a discourse and provide a principled foundation for public reason. The article aims to take some first steps in the direction of such principles.

Keywords: criminal law, law reform, public reason, legislation

Suggested Citation

Shiner, Roger, ‘‘What is a Crime?’: A Theory of the Legislative Response’ (December 18, 2009). Critical Review of International Social and Political Philosophy, Vol. 12, pp. 63-84, 2009, Available at SSRN: https://ssrn.com/abstract=1525679

Roger Shiner (Contact Author)

University of British Columbia Okanagan ( email )

3333 University Way
234 Arts Building
Kelowna, British Columbia V1V 1V7
Canada
250-807-9334 (Phone)
778-477-5664 (Fax)

Okanagan College

1000 KLO Road
Kelowna, British Colombia V1Y 4X8
Canada

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
331
PlumX Metrics