Criminalization, legal moralism, and abolition

Abstract

A statement like 'a person who commits a crime can be prosecuted, convicted, and punished by the government' is comprehensible only with a host of assumptions, each of which may be questioned. For instance, why does there have to be a response at all by anyone to the crime? Why is it that the government - and not a private individual or individuals - does the responding? Why is it a particular government and not some other one? Why is it that this particular process is called the criminal process, and why does it look the way it does? Why is it that this particular response is called 'punishment,' and why does it look the way it does? And is there another way altogether? Can we imagine changes, both big and small? How should we go about thinking about such changes? None of these questions are easy to answer. There are many different ways to go about answering them, and fierce disagreements are to be expected. However, there are few works out there that are as intelligent, coherent, and comprehensive at addressing these questions as R.A. Duff's The Realm of Criminal Law. This review essay describes the main argumentative thread of the book, raises some questions, offers a few remarks, and ends with the suggestion that the book may be fairly read as an abolitionist text.