Review Essay: Broadening the Scope of Criminal Law Scholarship

Abstract

This review essay on Peter Alldridge's book, "Relocating Criminal Law," considers the shift in criminal law theory from a primary focus on General Part concepts such as culpability, justification and excuse, and act and omission, to a serious theoretical consideration of the principles that underlie the Special Part of criminal law. The focus of the review is on Alldridge's characterization of: (1) drug dealing as a form of "exploitation" between dealer and addict, analogous to exploitative offenses such as extortion and blackmail; and (2) bribery as a kind of illegal commodification of government, analogous to the illegal commodification of sex, freedom, and bodily organs that occurs in offenses such as prostitution, slavery, and trading in human organs, respectively. The review seeks to show both the strengths and weaknesses of Alldridge's analysis, concentrating particularly on its failure to capture fully the complex moral character of the offenses discussed.