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Keywords: criminalization
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Journal Articles
New Criminal Law Review (2020) 23 (4): 584–635.
Published: 27 November 2020
... theoretically substantiating the “transformational function” of the criminal law. The term refers to the use of criminalization and punishment to change, rather than merely reflect, social norms, attitudes, and beliefs alongside, and combined with, non-penal policy-making tools in contested domains. Four...
Journal Articles
New Criminal Law Review (2019) 22 (1): 3–33.
Published: 01 February 2019
...Javier Wilenmann Contemporary legal scholarship on criminalization focuses on evaluating the legitimacy of legislative decisions according to abstract standards of justice. In recent years, socio-legally oriented scholarship has attempted to do away with this focus by linking the theory of...
Journal Articles
New Criminal Law Review (2018) 21 (4): 545–566.
Published: 01 November 2018
...Amy Swiffen; Martin French This paper examines the criminalization of HIV non-disclosure in Canada as a public health legal response. The analysis begins outside the public health framework to relate the criminalization of HIV to broader shifts in the relationship between life and law in...
Journal Articles
New Criminal Law Review (2018) 21 (4): 492–513.
Published: 01 November 2018
... discipline-based policing to capture and control criminals in civil society, and to enable their subsequent arrogation by criminal law. Alongside Bentham’s panoptic surveillance, Colquhoun’s views on criminal habits called for expanding disciplined criminalization that tied social and legal governance. Two...
Journal Articles
New Criminal Law Review (2018) 21 (1): 57–140.
Published: 01 February 2018
...Hamed Tofangsaz This article analyzes the criminalization provisions of the International Convention for the Suppression of the Financing of Terrorism, the backbone of the legal regime for the prevention of terrorist financing. It makes a detailed examination of the background of the Convention and...
Journal Articles
New Criminal Law Review (2016) 19 (3): 344–381.
Published: 01 August 2016
...). This increased level of punitiveness is pursued by countless legislative amendments to criminalize a new suite of terrorist offenses, the expansion of police powers to investigate terrorism and the intensification of punishment and sentencing on terrorist offenders. © 2016 by The Regents of the...
Journal Articles
New Criminal Law Review (2016) 19 (2): 171–207.
Published: 01 May 2016
...Ariel L. Bendor; Hadar Dancig-Rosenberg May criminalization constitute a violation of a constitutional right? This question has rarely been discussed directly in the legal literature. This Article offers a novel and fully developed normative framework for courts to review the constitutionality of...
Journal Articles
New Criminal Law Review (2015) 18 (1): 1–34.
Published: 01 February 2015
... possession of weapons such as knives or firearms. © 2015 by The Regents of the University of California 2015 criminalization prevention preparatory offenses possession offenses PREVENTIVE CRIMINALIZAT ION Andrew Cornford* The criminal laws of many states make increasing use of preventive...
Journal Articles
New Criminal Law Review (2014) 17 (4): 587–630.
Published: 01 November 2014
...Dennis J. Baker In this article, it is argued that an application of the harm principle to many forms of nontherapeutic cosmetic surgery shows that these procedures are a form of physical harm, not a form of medicine, and therefore ought to be criminalized. Not only does the harm principle support...
Journal Articles
New Criminal Law Review (2014) 17 (1): 135–161.
Published: 01 January 2014
...Sharon Cowan Given the current criminalization trend, the motivating question of this article is whether or not sexual transmission of HIV, without specific consent to the risk of such transmission, should be categorized as an assault or a sexual assault, and what difference that (re)categorization...
Journal Articles
New Criminal Law Review (2014) 17 (1): 55–75.
Published: 01 January 2014
... an open invite to harm. © 2014 by the Regents of the University of California. 2014 consent assault boxing prize fighting criminalization THE RIGHT TO A FAIR FIGHT: SPORTING LESSONS ON CONSENSUAL HARM Jack Anderson* This article critically assesses the criminal law on consensual harm...
Journal Articles
New Criminal Law Review (2013) 16 (4): 621–656.
Published: 01 October 2013
...) speech. © 2013 by the Regents of the University of California. 2013 hate speech offensive speech social media fair punishment proportionate punishment harmful speech offensive speech criminalization harm wrong THE NORMATIV ITY OF USING PRISON TO CONTROL HATE SPEECH: THE HOLLOWNESS OF...