Direct And Oblique Intention In The Criminal Law
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| Author | : Itzhak Kugler |
| Publisher | : Routledge |
| Total Pages | : 0 |
| Release | : 2002 |
| Genre | : Criminal intent |
| ISBN | : 9780754622482 |
The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.
| Author | : Itzhak Kugler |
| Publisher | : Routledge |
| Total Pages | : 461 |
| Release | : 2017-07-28 |
| Genre | : Law |
| ISBN | : 1351943995 |
The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.
| Author | : Laura Ausserladscheider Jonas |
| Publisher | : BRILL |
| Total Pages | : 256 |
| Release | : 2021-12-28 |
| Genre | : Law |
| ISBN | : 900447093X |
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
| Author | : Marjolein Cupido |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2019-07-11 |
| Genre | : Law |
| ISBN | : 1108590152 |
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
| Author | : Kai Ambos |
| Publisher | : Cambridge University Press |
| Total Pages | : 507 |
| Release | : 2020-01-16 |
| Genre | : Law |
| ISBN | : 1108483399 |
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
| Author | : Iryna Marchuk |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 311 |
| Release | : 2013-07-29 |
| Genre | : Law |
| ISBN | : 3642282466 |
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
| Author | : Jaap Hage |
| Publisher | : Springer |
| Total Pages | : 396 |
| Release | : 2017-08-07 |
| Genre | : Law |
| ISBN | : 3319572520 |
This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.
| Author | : Mark Klamberg |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 819 |
| Release | : 2017-04-29 |
| Genre | : Law |
| ISBN | : 8283481010 |
| Author | : Janet Loveless |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 785 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0198702299 |
Complete Criminal Law: Text, Cases, & Materials offers a student-centered approach to the criminal law syllabus. Clear and concise explanation of general legal principles is combined with fully integrated extracts from the leading cases and a wide range of academic materials. The extracts have been carefully selected to ensure that they are detailed enough to illustrate the point of law under consideration, but succinct enough not to disrupt the flow of the text or to intimidate the student new to the study of criminal law. The book has been carefully structured with the needs of the student firmly in mind. Each chapter begins with basic principles, and gradually covers all the core topics a student needs to know. Unique to this textbook is the extent to which the law is placed firmly in its social context. This will reinforce understanding by relating essential aspects of the law to vital social and moral problems. Throughout the text a range of learning features are employed to consolidate understanding and encourage application: thinking points containing reflective and short answer questions, definition boxes, summary points, diagrams, and problem/essay questions (with guidance on answering all questions on the accompanying Online Resource Centre). Chapter summaries and further reading recommendations provide the perfect springboard for further research. This innovative text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law in society. Online Resource Centre Student resources - 6-monthly updates - Links to relevant websites - Guideline answers to problem questions and thinking points - Exam style questions with guideline answers on hot exam topics Lecturer resources - Test bank of 200 multiple choice questions
| 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.
