Structure and Function in Criminal Law

Document Type

Book Chapter

Publication Date

9-1-1997

Abstract

This book has two themes. First, it argues how the criminal law is not just a matter of theoretical interest but has important real-world practical effects. A second theme is to demonstrate that there is any number of ways in which one could structure criminal law. This chapter specifically discusses the formal and operational structures of current criminal law and evaluates its functional structure. It is also shown that a criminal code must announce to the general public, ex ante, the rules of conduct that are to be enforced with criminal penalties.

Keywords

criminal law, formal structure, operational structure, functional structure, criminal conduct

Publication Title

Structure and Function in Criminal Law

DOI

https://doi.org/10.1093/acprof:oso/9780198258865.003.0001

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