Consultation Paper Duress And Necessity
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Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Diane A. Desierto |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 432 |
Release | : 2012-01-06 |
Genre | : Law |
ISBN | : 900421853X |
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Author | : Eimear Spain |
Publisher | : Cambridge University Press |
Total Pages | : 325 |
Release | : 2011-09-29 |
Genre | : Law |
ISBN | : 1139503103 |
The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.
Author | : Peter Charleton |
Publisher | : Bloomsbury Publishing |
Total Pages | : 1654 |
Release | : 2020-10-23 |
Genre | : Law |
ISBN | : 1526518171 |
This second edition of what was in 1999 an acclaimed work, has been completely rewritten. In approaching this, the authors have considerably increased the analysis of the theoretical aspects of criminal law and strengthened citations of academic literature and comparative case law while keeping the narrative concise and focused for easy use by practitioners. Key benefits to readers include a complete overview of criminal law theory; a new series of chapters on the law of evidence as it applies in the fraught circumstances of a criminal trial; a much more analytical approach to the general part and to criminal defences; and the comprehensive coverage of all the major, and many minor, areas of indictable crime. Since the last edition, commentary and case law on sexual offences has proliferated as have legislative interventions; a completely new scheme for dealing with property offences was necessitated by a series of recent statutes; company law and competition offences have assumed a greater significance; and the range of offences covered has had to be increased in order to ensure a comprehensive coverage of this most sensitive and politically charged aspect of law.
Author | : |
Publisher | : |
Total Pages | : 360 |
Release | : 2004-01-01 |
Genre | : Homicide |
ISBN | : 9780975149775 |
"On 21 September 2001 the Attorney-General asked the Law Reform Commission to review and report on defences and partial defences to homicide. This Final Report is the result of three years work on the reference, which has included conducting background research, considering how the defences operate in practice in Victoria and other jurisdictions, and discussing options for reform as part of the consultation process."--p. xix.
Author | : Onder Bakircioglu |
Publisher | : Routledge |
Total Pages | : 274 |
Release | : 2011-05-11 |
Genre | : Law |
ISBN | : 1136702733 |
Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they ‘believe’ that using ‘pre-emptive’ lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration’s ‘war on terror’ policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.
Author | : David Ormerod |
Publisher | : Oxford University Press, USA |
Total Pages | : 1393 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198702310 |
'Criminal Law' is written with the needs of the student foremost in mind to provide, more than ever, as modern and as comprehensive an exposition of the criminal law as he or she could possibly require.
Author | : David|Laird Ormerod (Karl|Gibson, Matthew) |
Publisher | : Oxford University Press |
Total Pages | : 1264 |
Release | : 2024 |
Genre | : |
ISBN | : 0198898606 |
Author | : Thomas Crofts |
Publisher | : Taylor & Francis |
Total Pages | : 530 |
Release | : 2024-12-23 |
Genre | : Law |
ISBN | : 1040229093 |
Presenting cutting-edge research and scholarship, this extensive volume covers everything from abstract theorising about the meanings of responsibility and how we blame, to analysing criminal law and justice responses, and factors that impact individual responsibility. Inviting exchanges across a burgeoning critical scholarship on criminal responsibility, this Handbook showcases the diverse range of methodologies applied to the field, including socio-political approaches, critical historical methods, criminological and sociological perspectives, and interdisciplinary studies bridging law and the mind sciences. Spanning global networks of established and emerging scholars of responsibility for crime, this book explores how we relate to one another as human beings under the spotlight of the criminal law. In doing so, it is hoped that the collection not only does justice to the vibrant landscape of criminal responsibility studies, but inspires new directions and future synergies in this compelling field. The Routledge International Handbook of Criminal Responsibility will appeal to scholars and students of criminal law, criminal justice, criminology, sociology, psychology, neuroscience, philosophy, and socio-legal studies, as well as practitioners and policymakers working in related fields.
Author | : David Ormerod |
Publisher | : Oxford University Press |
Total Pages | : 1215 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198807090 |
Smith, Hogan, & Ormerod's Criminal Law is rightly regarded as the leading doctrinal textbook on criminal law in England and Wales. Published in its first edition over fifty years ago, it continues to be a key text for undergraduates and an essential reference source for practitioners.