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引用次数: 0
摘要
斯图尔特-格林（Stuart P Green）在《性犯罪化》（Criminalizing Sex）一书中，旨在为性犯罪法提供一个统一的自由主义理论。格林的策略是对以 "同意 "为中心的性犯罪法进行合理的重构。在本文中，我对格林是否完全实现了他的目标表示怀疑。尽管如此，《性犯罪化》是一本令人印象深刻的著作，对于任何对性犯罪法的自由主义基础感兴趣的人来说，都是一本必读书。
In Criminalizing Sex, Stuart P Green aims to provide a unified liberal theory of sexual offenses law. Green’s strategy is to provide a rational reconstruction of sexual offenses law that centres consent. In this article, I raise some doubts about whether Green fully succeeds in his aim. Nevertheless, Criminalizing Sex is an impressive book, and essential reading for anyone interested in the liberal foundations of sexual offenses law.
期刊介绍：
Rationale The philosophy of crime and criminal law has been undergoing a renaissance.Increasing numbers of lawyers and philosophers are researching, writing and teaching in the area. Lawyers who are exploring theoretical issues related to criminal liability and punishment find that they must turn to philosophy. Philosophers recognise the importance of the criminal law as a focus for both analytical and normative inquiry. The practical importance of the subject is also obvious, especially at a time when western governments are having to reconsider their rationales for criminalization and sentencing in the light of substantial changes in criminal justice systems and their social contexts. Until recently, there was no journal solely devoted to the philosophy of crime and criminal law. Criminal Law and Philosophy fills this gap, and provides a platform for the high quality work that is being done in this area.
High quality content; specific and inclusive in scope Criminal Law and Philosophy aims to publish high quality articles that take a philosophical perspective on any issues in the broad field of crime and punishment. The main areas and topics include: crime and criminalization; the content, principles and structure of substantive criminal law; criminal justice and the criminal process; punishment and sentencing. The journal is inclusive in its scope: it publishes articles with a historical focus on earlier philosophical discussions of crime and punishment, as well as articles with a more contemporary focus. It seeks contributions from a range of philosophical schools and approaches, in particular both from analytically oriented philosophers and from those who draw more on contemporary continental philoshophy. Readership Criminal Law and Philosophy is becoming essential reading for academics in philoso phy, in law and in criminology who take a philosophically informed critical, analytical or normative approach to the criminal law and criminal justice. It is also an important resource for students in those subjects, and for practitioners with an interest in philosophical approaches to their practice. Through this journal, readers can access the latest thinking by the best scholars in the philosophy of crime and punishment. Editorial Board The editors, editorial board and advisors constitute an impressive, international group of leading scholars working in the philosophy of crime and punishment. They represent a variety of systems of criminal law, including systems that cross national boundaries.
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