Normative theorists seek an account not just of what criminal lawis, but of what it ought to be (and whether it ought to be at all).Should we maintain a system of criminal law? If so, what goals shouldit serve, what values should inform it, what should its scope andstructure be? Any such normative theory must presuppose some analyticalaccount of that whose goals, values, scope and structure are beingdiscussed. Whether analytical and normative theorising are related moreclosely than this will depend on what kind of analytical theory wedevelop: a legal positivist will insist that, here as elsewhere, thequestion of what law ought to be is quite separate from, and left openby answers to, the question of what law is; a Natural law theorist willargue that an adequate analysis of the concept or the metaphysicalnature of criminal law will reveal the moral purposes or values that apractice must serve (or at least claim to serve) if it is to count as asystem of criminal law at all (see Moore 1997: 23–35).
This audio CD overviews the sources and nature of criminal law
A study of the nature of criminal law is presented. The philosophical and historical development of criminal law is covered. Major definitions and concepts are studied. The classification of crime, the elements of crimes, and the penalties for the crimes, are discussed using Texas Penal Statutes.
Territorial nature of Criminal Law
Parallel to the criminal justice community in its distinctiveness, so too is the actual, tangible legislation and its implementation. Unlike most other government legislation, the media (part of the attentive public) heavily influences criminal justice policy (Ismaili, 2006, p. 262). This influence is present due to the fact that crime policy affects everyone. Crime is a socially created phenomenon, a symbol of the untamed nature of man. From a symbolic-interactionist perspective, crime is a fluid, ever-changing occurrence. Ismaili et al. (2012) assert that due to the emotional nature of criminal law (emotional referring to important issues such as morality and state authority), many individuals are more concerned with legal policy than other political matters (as cited in Fairchild, 1981, p.189). Furthermore, as the media provides coverage of many criminal matters, “both the quantity and nature of media imagery can have a significant influence on how crime is perceived and, ultimately, on which criminal justice policies are pursued” (Ismaili et al., 2012, p.22). A distinctive feature concerning the nature of criminal justice policy (as compared to regular legislation) is the way in which politicians strategically utilize its symbolic dimension to control the public. For instance, Ismaili et al. (2012) cite a popular example: the zero tolerance policy (as cited in Newburn & Jones, 2007, p. 222). Zero tolerance, refers to the language that politicians tactically use to convey a strong message of clear resolve (Ismaili et al., 2012, p.22). Essentially, the term was chosen to express emotion and impress an audience (the public) rather than to define new legislation or outline specific government intentions, in any practical way (Ismaili et al., 2012, p.22). The concluding focus of this paper will discuss how the study of political science can work simultaneously with the judicial system to enhance criminal justice policy.
way of substantive rationalisation of the nature of criminal law.28