LAWS7762 · Law

Criminal Law Theory

Boston College Law School

One phenomenon is universally implicated in social order: coercion. A specialized form of coercion is that deployed by constitutional orders as punishment, or the threat thereof, for criminal offenses. In crime and punishment constitutional orders seek a mechanism to promote their values, avert their fears, and facilitate social cohesion and coordination. This 3-credits course interrogates the conditions under which penal coercion may transmute into legal authority consistent with freedom, equality, justice, and dignity. Readings consist of exemplary works that focus on the conceptual structure of criminal law, on its justification, and on its position within society. The course grade is based on a final paper, and can be taken pass/fail. Students from across the university and beyond are welcome to enroll or audit.