Books

Criminal Law in the Age of the Administrative State

(Oxford University Press, 2018)

The book argues that the criminal law is best understood as a species of public law: an instrument of collective governance under law, rather than a reflection of individual desert. Taking that starting point seriously changes what questions about criminalization, procedure and punishment look like, and what would count as answering them.

Subject of a symposium issue: Jerusalem Review of Legal Studies 17(1) (2018): 90–175.

The Normal and the Normative: Rules, Norms and the Making of Social Order

How informal social norms — including norms about wrongdoing and punishment — sustain cooperation, and how the order they create relates to the order created by a system of law.