Criminal Law and Philosophy
Scope & Guideline
Advancing Scholarship at the Intersection of Law and Philosophy
Introduction
Aims and Scopes
- Philosophical Foundations of Criminal Law:
This includes debates on the justification of punishment, the nature of culpability, and the ethical implications of legal principles. The journal examines how philosophical theories underpin legal concepts and practices. - Criminal Responsibility and Agency:
A significant focus is placed on understanding what constitutes criminal responsibility, the role of mental states (mens rea), and how agency is perceived within legal contexts. - Impact of Law on Society:
The journal addresses how criminal law affects individuals and communities, including discussions on social justice, systemic inequalities, and the relational dynamics of crime and punishment. - Emerging Legal Issues:
This encompasses contemporary topics such as the implications of technology in criminal justice, issues surrounding consent and sexual crimes, and the challenges posed by national security and terrorism. - Interdisciplinary Approaches:
The journal promotes interdisciplinary research, integrating insights from sociology, psychology, neuroscience, and political philosophy to enrich discussions on criminal law.
Trending and Emerging
- Ethics of Emerging Technologies:
There is a notable increase in discussions around the ethical implications of technology in law enforcement and criminal justice, including surveillance, AI, and data privacy. - Restorative and Transformative Justice:
A trend towards exploring restorative justice models and their potential to address crime and its social impacts is emerging, highlighting alternative approaches to traditional punitive measures. - Intersectionality in Criminal Law:
Emerging themes focus on how various identities (race, gender, class) intersect to influence legal outcomes, reflecting a growing awareness of systemic inequalities within the justice system. - The Role of Emotions in Justice:
Recent papers increasingly analyze the role of emotions, such as remorse and forgiveness, in the context of criminal responsibility and legal proceedings, suggesting a shift toward more human-centered approaches. - Global Perspectives on Criminal Justice:
There is a rising interest in comparative studies of criminal law across different jurisdictions, particularly in relation to human rights and international law, as scholars seek to understand broader implications of legal practices.
Declining or Waning
- Retributivism and Its Justifications:
There seems to be a declining interest in traditional retributive theories of punishment, as newer frameworks such as restorative justice and rehabilitative approaches gain traction. - Strict Legal Formalism:
The focus on rigid legal formalism and technical legal arguments appears to be waning, with more scholars advocating for a contextual and flexible understanding of law. - Punishment as an Isolated Concept:
The exploration of punishment as a standalone concept is decreasing, with more emphasis on the social and relational aspects of justice and how punishment interacts with broader societal structures.
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