Duress And Necessity In The Criminal Law
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| 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 | : George P. Fletcher |
| Publisher | : Oxford University Press |
| Total Pages | : 236 |
| Release | : 1998-09-03 |
| Genre | : Law |
| ISBN | : 0199729212 |
In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.
| Author | : Fiona Leverick |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 246 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 019928346X |
In what circumstances should we be allowed to kill an intruder who breaks into our home? Should battered women be forgiven for killing their husbands? This book analyses the questions raised by the argument of self-defence, and offers a theoretical framework for understanding the defence in the context of human rights norms.
| Author | : Paul H. Robinson |
| Publisher | : Oxford University Press |
| Total Pages | : 768 |
| Release | : 2009-07-10 |
| Genre | : Law |
| ISBN | : 0190452978 |
Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law.
| Author | : Stephen P. Garvey |
| Publisher | : Oxford University Press |
| Total Pages | : 335 |
| Release | : 2020-05-25 |
| Genre | : Law |
| ISBN | : 0190924349 |
When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.
| 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 | : Berenika Drazewska |
| Publisher | : BRILL |
| Total Pages | : 391 |
| Release | : 2021-12-13 |
| Genre | : Law |
| ISBN | : 9004432566 |
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
| Author | : Noel Cross |
| Publisher | : SAGE |
| Total Pages | : 241 |
| Release | : 2009-12-09 |
| Genre | : Social Science |
| ISBN | : 1446248194 |
This accessible text enables criminology and criminal justice students to understand and critically evaluate criminal law in the context of criminal justice and wider social issues. The book explains criminal law comprehensively, covering both general principles and specific types of criminal offences. It examines criminal law in its social context, as well as considering how it is used by the criminal justice processes and agencies which enforce it in practice. Covering all the different theoretical approaches that the student of criminology and criminal justice will need to understand, the book provides learning tools such as: -chapter objectives - making the structure of the book easy to follow for students -questions for discussion and student exercises - helping students to think critically about the ideas and concepts in each chapter, and to undertake further independent and reflective study -′definition boxes′ explaining key concepts - helping students who are not familiar with specialist criminal law terminology to understand what the key basic concepts in criminal law really mean in practice -a companion Website which incorporates a range of resources for lecturers and students.
| Author | : Cynthia Lee |
| Publisher | : West Academic Publishing |
| Total Pages | : 1096 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : |
This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law. The book focuses on the cultural context of substantive criminal law, integrating issues of race, gender, class, and sexual orientation where relevant
| Author | : Suzanne Uniacke |
| Publisher | : Cambridge University Press |
| Total Pages | : 258 |
| Release | : 1994 |
| Genre | : Law |
| ISBN | : 9780521564588 |
Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and defence of others, one which grounds the permissibility of the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of recent trends in the law of self-defence.
