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| Author | : Robert F. Schopp |
| Publisher | : Cambridge University Press |
| Total Pages | : 224 |
| Release | : 1998-01-13 |
| Genre | : Law |
| ISBN | : 0521622115 |
This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.
| Author | : Markus D Dubber |
| Publisher | : OUP Oxford |
| Total Pages | : 1294 |
| Release | : 2014-11-27 |
| Genre | : Law |
| ISBN | : 0191654604 |
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
| Author | : Fiona Leverick |
| Publisher | : OUP Oxford |
| Total Pages | : 248 |
| Release | : 2006-12-07 |
| Genre | : Law |
| ISBN | : 0191566659 |
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.
| Author | : American Bar Association |
| Publisher | : |
| Total Pages | : 151 |
| Release | : 1999-01-01 |
| Genre | : Criminal justice, Administration of |
| ISBN | : 9781570737138 |
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
| 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 | : David Rodin |
| Publisher | : Clarendon Press |
| Total Pages | : 232 |
| Release | : 2002-10-17 |
| Genre | : Philosophy |
| ISBN | : 0191531545 |
When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.
| Author | : John Rubin |
| Publisher | : Unc School of Government |
| Total Pages | : 0 |
| Release | : 1996 |
| Genre | : Self-defense (Law) |
| ISBN | : 9781560112457 |
This book analyzes North Carolina's criminal law on self-defense and other defenses involving defensive force, such as defense of others and defense of habitation. It explains the rules governing the use of defensive force and includes extensive citations to relevant North Carolina case law. The book also discusses issues that commonly arise in the trial of self-defense cases, including evidentiary issues, burdens of proof, and jury instructions.
| Author | : Andreas von Hirsch |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 217 |
| Release | : 2017-02-09 |
| Genre | : Law |
| ISBN | : 1509902678 |
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
| Author | : Michael Bergmann |
| Publisher | : Oxford University Press |
| Total Pages | : 267 |
| Release | : 2006-05-18 |
| Genre | : Philosophy |
| ISBN | : 0199275742 |
Michael Bergmann provides a decisive refutation of internalism and a sustained defense of externalism, developing his theory of justification by imposing both a proper function and a no-defeater requirement.
| Author | : Lorand Bartels |
| Publisher | : |
| Total Pages | : 433 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0198789327 |
Exceptions to international obligations can be expressed in several ways and be of fundamental practical importance. Drawing from legal philosophers and scholars of international law, this volume provides theoretical frameworks to the understanding of such exceptions and applies these frameworks to specific areas of international law.
