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| Author | : James Chalmers |
| Publisher | : Edinburgh University Press |
| Total Pages | : 377 |
| Release | : 2010-10-31 |
| Genre | : Law |
| ISBN | : 0748686932 |
This volume is a Festschrift in honour of Sir Gerald Gordon who has been one of the most influential figures in Scottish criminal law and procedure in the last century.
| Author | : |
| Publisher | : Walter de Gruyter |
| Total Pages | : 2983 |
| Release | : 2013-03-01 |
| Genre | : Reference |
| ISBN | : 311031228X |
Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.
| Author | : Shona Wilson Stark |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 325 |
| Release | : 2017-07-13 |
| Genre | : Law |
| ISBN | : 1509906924 |
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
| Author | : Pamela R Ferguson |
| Publisher | : Edinburgh University Press |
| Total Pages | : 798 |
| Release | : 2015-01-01 |
| Genre | : Law |
| ISBN | : 0748695834 |
Scots Criminal Law "e; A Critical Analysis provides a clear statement of the current law for students and practitioners, with a theoretical and critical focus. This new edition has been updated to reflect changes in the law since the first edition publishe
| Author | : A P Simester |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 1057 |
| Release | : 2019-08-22 |
| Genre | : Law |
| ISBN | : 1509926666 |
This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. Review of Previous Edition: '... undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart, Criminal Law Review
| Author | : J J Child |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 1105 |
| Release | : 2022-09-15 |
| Genre | : Law |
| ISBN | : 1509964282 |
'... undoubtedly a first-rate companion for any undergraduate or post-graduate law course.' John Taggart, Criminal Law Review This outstanding account of modern English criminal law combines detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law, covering all subjects taught at undergraduate level. The book's philosophical approach ensures students have a deeper understanding of the law that goes beyond a purely doctrinal knowledge As a result, over its numerous editions, it has become required reading for many criminal law courses. The 8th edition covers all statutory law including the Assaults on Emergency Workers Act 2018 and Domestic Abuse Act, s 71. Case law discussions now cover: Grant (complicity); Barton (dishonesty); Broughton, Field, Kuddus, and Rebelo (homicide) and AG's Ref (No 1 of 2020) (sexual offences).
| Author | : R A Duff |
| Publisher | : Oxford University Press |
| Total Pages | : 478 |
| Release | : 2018-06-27 |
| Genre | : Law |
| ISBN | : 0191058580 |
We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.
| Author | : Sharon Cowan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 743 |
| Release | : 2019-12-12 |
| Genre | : Law |
| ISBN | : 1509923276 |
An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book rewrites 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing power, politics and partiality, feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court. Paying particular attention to Scotland's distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal. The book will be of interest to academics, practitioners and students of Scots law, policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally.
| Author | : Andrew Ashworth |
| Publisher | : A&C Black |
| Total Pages | : 375 |
| Release | : 2014-07-18 |
| Genre | : Law |
| ISBN | : 1782253424 |
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
| Author | : Lindsay Farmer |
| Publisher | : Oxford University Press |
| Total Pages | : 353 |
| Release | : 2016-01-21 |
| Genre | : Law |
| ISBN | : 0191058599 |
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.
