Lecture Series: Crime, Punishment and Equality (MLaw) (FS 26)

Introduction

Equality before the law and the equal application of law are fundamental principles of justice in constitutional democracies. These principles are of considerable importance in the context of crime and punishment. The power to attribute criminal liability and impose punishment is an essential aspect of the operation of the state. In the institution of punishment, the liberal state conveys a distinct form of authority which is defined not by power or faith but by law. The attribution of criminal liability and imposition of punishment is characterized by its institutional, limited, uniform, and universal character. Everyone is subject to the might of the penal state and punishment’s legitimacy rests on the idea that all individuals could and should have refrained from committing criminal offences. At the same time, it is precisely this narrowness of focus on individual responsibility for an act or omission and the silencing of worries about other causes of, or reasons for, criminal behaviour (sociological, economic etc), that gives rises to concerns that to treat everyone equally might be to treat some people wrongly. Such concerns will be the focus of this course. It will also allow for consideration of the political dimension and the liberal assumption that the ideal state is a constitutional democracy which guarantees rights through law. Current political challenges to the political-legal order are of relevance here. When a US president can pardon his son or a tech billionaire close to Government feels able to brazenly assert that political decision making would best be served by replacing democratic government with a ‘republic of high-status males’, the importance of law and equality take on particular resonance. The series will comprise 8 lectures by experts on crime, punishment and equality Speakers from law, philosophy, sociology and politics. 

Course Format

The course will be made up of 4 reading seminars and 8 lectures by experts on crime, punishment and equality from law, philosophy, sociology and politics. The lectures will be based on papers which will be circulated to the students in advance. Academic credit (6 ECTS) will be based on a 3000-word comment (to be submitted in advance of the lectures) on one of the papers. Students will also be expected to participate actively during the lectures and seminars. Numbers will be restricted (max 20 students).

Method of Assessment

Academic credit (6 ECTS) will be by way of a 3000-word graded comment on one of the lecture papers, which will be circulated 4 weeks in advance of lecture (60%); presentation by the student of key comment themes during the relevant lecture (20%); and active participation during the lectures and reading seminars more broadly (20%). Students will receive the papers to be discussed four weeks in advance of the lecture. Comments are to be submitted the day before the lecture at the latest (3-4 student comments per paper).

Application 

To apply for this module, please submit the following documents via the module booking tool:

• Motivation letter (english, pdf, maximum 200 words) explaining why you wish to participate in this module.
  Please note that the use of AI tools is not permitted for this motivation letter.

• Transcript of records
  The selection is not based on grades, but on your academic interests and motivation related to the module.

Course Materials

Course materials will be available on OLAT.

Course Schedule

Key: L = Lecture; L & D = Lecture and Discussion; RS = Reading Seminar; RW = Reading Week