Criminal Law Theory
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Author | : Stephen Shute |
Publisher | : Oxford University Press, USA |
Total Pages | : 356 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9780199243495 |
Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.
Author | : Francois Tanguay-Renaud |
Publisher | : Bloomsbury Publishing |
Total Pages | : 334 |
Release | : 2012-01-10 |
Genre | : Law |
ISBN | : 1847319033 |
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
Author | : Shin Matsuzawa |
Publisher | : Nomos Verlag |
Total Pages | : 236 |
Release | : 2021-05-27 |
Genre | : Law |
ISBN | : 3748904754 |
In dem Band wird erörtert, ob die Strafrechtstheorie (bzw. die allgemeine Rechtstheorie) als ein Zweig der Wissenschaft angesehen werden kann. Dabei werden folgende Fragen behandelt: In welchem Sinne ist die Strafrechtslehre eine Form der Wissenschaft? Kann es systemische Entwicklungen in der Strafrechtstheorie geben? Die Frage nach dem Wesen der strafrechtlichen Erkenntnis ist eng verknüpft mit der Frage, was Rechtswissenschaft im Allgemeinen ausmacht. Eine Diskussion im Bereich des Strafrechts kann einen Beitrag zur allgemeinen Diskussion in der Rechtstheorie leisten und deutlich machen, wo die Strafrechtstheorie steht, wenn die juristische Forschung mit den Herausforderungen der Interdisziplinarität konfrontiert wird. Mit Beiträgen von Petter Asp, Thomas Elholm, Liang Genlin, Luís Greco, Eric Hilgendorf, Jørn Jacobsen, Heike Jung, Massimiliano Lanzi, Shin Matsuzawa, Kimmo Nuotio und Michael Pawlik.
Author | : Roger Hopkins Burke |
Publisher | : Routledge |
Total Pages | : 275 |
Release | : 2013-03 |
Genre | : Law |
ISBN | : 1134008236 |
Criminal Justice Theory examines the theoretical foundations of criminal justice in the modern era, whilst also considering legal philosophy and ethics, explaining criminal behaviour, and discussing policing, the court process, and penology in the context of contemporary socio-economic debates. Throughout the book, a realist theoretical thread acts as a guide interlinking concepts of social progress, conflict, and cerebral models of criminal justice, whilst also recognizing our collusion in the creation of an increasingly pervasive culture of socio-control which now characterizes contemporary society. The complex theoretical issues tackled in this book are addressed in an accessible style, making this a relevant and comprehensive introduction to criminal justice theory for students on a wide range of undergraduate criminal justice modules. It is also a helpful guide for those commencing postgraduate studies in the disciplines of criminal justice, criminology, and law.
Author | : Edward Maguire |
Publisher | : Routledge |
Total Pages | : 504 |
Release | : 2015-02-11 |
Genre | : Social Science |
ISBN | : 1134706111 |
Criminal Justice Theory, Second Edition is the first and only text, edited by U.S. criminal justice educators, on the theoretical foundations of criminal justice, not criminological theory. This new edition includes entirely new chapters as well as revisions to all others, with an eye to accessibility and coherence for upper division undergraduate and beginning graduate students in the field.
Author | : Ronald L. Akers |
Publisher | : Taylor & Francis |
Total Pages | : 276 |
Release | : 1999 |
Genre | : Reference |
ISBN | : 9781579581688 |
In Criminological Theories, the noted criminologist Ronald Akers provides thorough description, discussion, and appraisal of the leading theories of crime/delinquent behavior and law/criminal justice - the origin and history of each theory and its contemporary developments and adherents. Akers offers a clear explanation of each theory (the central concepts and hypotheses of each theory as well as critical criteria for evaluating each theory in terms of its empirical validity). Researchers and librarians, as well as general readers, will find this book a very useful tool and will applaud its clear and understandable exposition of abstract concepts.
Author | : Martin P. Golding |
Publisher | : John Wiley & Sons |
Total Pages | : 368 |
Release | : 2008-04-15 |
Genre | : Philosophy |
ISBN | : 0470779861 |
The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory
Author | : Dunia Zongwe |
Publisher | : African Books Collective |
Total Pages | : 190 |
Release | : 2022-02-14 |
Genre | : Law |
ISBN | : 9956552674 |
This book reveals the oil that greases the wheels of one of Africa's best criminal justice systems. Principles of Namibian Criminal Law distils the major principles that help people answer this one big, life-defining question: Is the accused guilty? In 14 chapters, this book discusses principles that govern matters such as punishment, criminal liability, causation, unlawfulness, culpability, participation in crimes, and incomplete crimes. Largely inherited from South Africa, the principles of Namibian criminal law emanate mostly from common law and case law. Particularly, case law has been the channel through which lawyers in Namibia have, since Independence on 21 March 1990, molded their own criminal law doctrines. For that reason, this book heavily relies on the court cases that Namibian courts have forged since then. It showcases Namibia's South African heritage while giving pride of place to Namibia's homegrown jurisprudence - from the rules concerning corporate liability to the very definition of an 'accused'. Principles of Namibian Criminal Law will prove especially useful to law students who need to grasp the first principles of Namibian criminal law and to learn to think like lawyers, and to the seasoned practitioners (judges, attorneys, prosecutors, and police officers) who need to refresh their memories. The book should also serve the researchers and the comparatists looking for a window into how criminal justice actors think and resolve issues to make Namibia one of the continent's safest countries.
Author | : G. Skoll |
Publisher | : Springer |
Total Pages | : 233 |
Release | : 2009-08-31 |
Genre | : Social Science |
ISBN | : 0230101119 |
This book casts a critical eye on scholarship in the field of criminal justice, and offers some new orientations to help develop explanations for twenty-first century criminology and criminal justice studies.
Author | : Antony Duff |
Publisher | : Cambridge University Press |
Total Pages | : 273 |
Release | : 1998-02-13 |
Genre | : Law |
ISBN | : 0521550440 |
Five legal theorists discuss a range of questions on the nature of the philosophy of criminal law.