Research Groups:The Legitimization of Modern Criminal Law

 

[RG # 146]  The Legitimization of Modern Criminal Law

March 1 - July 31, 2016

Organizer: 
Alon Harel (The Hebrew University)

It is often said that criminal law faces a crisis of legitimacy: a crisis of perceived legitimacy, in that many of those who are subject to it do not regard it as author- itative; a crisis of normative legitimacy, insofar as it cannot plausibly claim the authority that it needs.

This Research Group will pursue five lines of research aimed at understanding and finding ways of responding to it. First, we take seriously the fact that criminal law is a political institution, whose legitimation must be grounded in political theory. Second, we will explore the ways in which criminal law can be differentiated from other legal and extra-legal mechanisms for regulating behavior. Third, we will examine the scope of activities that can legitimately be criminalized, since a failure to honor appropriate limitations on that scope is another source of the crisis of legitimacy. Fourth, we will examine the procedural features that are necessary for strengthening the legitimacy of criminal law. Finally, we will attend to criminal punishment, in particular the question of what modes of criminal punishment can play a legitimate role in a democratic polity. 

 

Members

poster

Kathryn Campbell

FELLOW
University of Ottawa
Kathryn Campbell is an Associate Professor of Criminology at the University of Ottawa, Ontario, Canada.
poster

Vincent Chiao

FELLOW
University of Toronto
Vincent Chiao is an Assistant Professor in the Faculty of Law at the University of Toronto.
poster

Leora Dahan-Katz

FELLOW
Yale Law School
Leora Dahan-Katz is a fellow at the Yale Center for Law and Philosophy at Yale Law School, and runs the Law and Philosophy Speaker Series.
Talia Fisher

Talia Fisher

Faculty of Law, Tel Aviv University
Talia Fisher is an Associate Professor of Law at Tel Aviv University.
poster

Miri Gur-Arye

FELLOW
The Hebrew University of Jerusalem
Miri Gur-Arye is a Judge Basil Wunsh Professor of Criminal Law in the Faculty of Law at The Hebrew University of Jerusalem.
poster

Alon Harel

FELLOW
The Hebrew University of Jerusalem
Alon Harel is a Professor in the Faculty of Law at The Hebrew University of Jerusalem and a member of the Federmann Center for the Study of Rationality.
poster

Tatjana Hörnle

FELLOW
Humboldt University of Berlin
Tatjana Hörnle is a Professor at the Faculty of Law, Humboldt University of Berlin.
poster

Jonathan Simon

FELLOW
UC Berkeley School of Law
Jonathan Simon is a Professor at the UC Berkeley School of Law and Director of the Center for the Study of Law and Society.

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