Download or read book Criminalising Harmful Conduct written by Nina Persak and published by Springer Science & Business Media. This book was released on 2007-06-04 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the issue of legitimate criminalization in a modern, liberal society. It argues that criminalization should be limited by normative principles, defining the substance of what can be legitimately proscribed. Coverage provides a comparative study between two major criminal legal systems and its theories: the Anglo-American, on one side, and the Continental criminal legal system of Germanic legal circle, on the other.
Download or read book Crimes Harms and Wrongs written by A P Simester and published by Bloomsbury Publishing. This book was released on 2011-06-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak
Download or read book Harm to Others written by Joel Feinberg and published by Oxford University Press. This book was released on 1984-07-05 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.
Download or read book Regulation and Social Control of Incivilities written by Nina Persak and published by Routledge. This book was released on 2016-06-23 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing trend and prevalence of incivilities-targeting punitive regulatory measures across Europe raises important issues regarding the legitimacy, effectiveness and impact of such formal social control. Regulation and Social Control of Incivilities addresses the pertinent issues of current punitive regulation and the social control of incivilities, their trends, criminological explanations, political, spatial, cultural, representational and policing dimensions as well as the underlying behaviour it targets. Part I explores issues surrounding the regulation of incivilities, drawing examples from several European countries including Spain, Italy, Great Britain, Belgium, Slovenia and Hungary. It inspects the legal form and content of the prohibition of incivilities and the social factors that can help explain it, as well as the effectiveness and societal impact of various anti-nuisance measures. Part II focuses on social control and the representation of incivilities, including the construction and control of public nuisance in Belgium, the spatial and cultural aspects of incivilities and of law enforcement against them, the media representations of incivilities in the British and Flemish press, and the intersections between migration and control of incivilities when policing in the Netherlands. This book brings together international scholars to examine the ways in which understudied European countries approach the issue of anti-social behaviour. This multidisciplinary text will be of interest to students, scholars and policymakers concerned with issues of social control, incivilities and criminalisation.
Download or read book The Moral Limits of the Criminal Law Volume 3 Harm to Self written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1989-08-17 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tackles the riddles associated with the commonly proposed principle called 'legal paternalism'. It evaluates (and rejects) the principle that it can be right to impose coercion on a person 'for his own good', whatever his own wishes in the matter.
Download or read book Punishment Danger and Stigma written by Nigel Walker and published by Rowman & Littlefield. This book was released on 1980 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Download or read book Dangerous Offenders written by Mark H. Moore and published by . This book was released on 1984 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans rank crime among the most urgent of social concerns. Overflowing prisons and public outcry have led many to propose that the criminal justice system could control crime more effectively by focusing on dangerous offenders. Recent social studies have suggested that serious criminality is highly concentrated and that high-rate offenders can be distinguished from others on the basis of prior criminal conduct, drug abuse, and employment record. Such studies urge judges to shift from rehabilitative sentencing to selective incapacitation, with longer prison sentences for convicted criminals who are deemed unusually dangerous. In response to these recommendations, some prosecutors' offices have established career criminal units designed to assure that repeat offenders will be prosecuted to the full measure of the law. Some police departments are experimenting with "perpetrator-oriented patrols" targeted on suspected high-rate offenders. The authors of this major book in criminal jurisprudence describe and analyze the intellectual and social challenge posed to public officials by this new thrust in criminal justice policy. They develop a framework for evaluating policies that focus on dangerous offenders. They first examine the general issues that arise as society considers the benefits and risks of concentrating on a particular category of criminals. They then outline how that approach might work at each stage of the criminal justice system--sentencing, pretrial detention, prosecution, and investigation. This cogently argued book provides much needed guidance on the crucial questions of whether sharpened attention to dangerous offenders is just, whether such a policy can be effective in managing the problem of crime, which applications seem particularly valuable, what the long-term risks to social institutions are, and what uncertainties must be monitored and resolved as the policy evolves.
Download or read book The Moral Limits of the Criminal Law Harm to others written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: These four volumes address the question of the kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens.
Download or read book Crime and Punishment written by Hyman Gross and published by Oxford University Press. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
Download or read book Incivilities written by A P Simester and published by Bloomsbury Publishing. This book was released on 2006-10-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.
Download or read book The Limits of the Criminal Sanction written by Herbert Packer and published by Stanford University Press. This book was released on 1968-06-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
Download or read book Criminalising Coercive Control written by Marilyn McMahon and published by Springer Nature. This book was released on 2020-02-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.
Download or read book Dangerous Offenders written by Mark Brown and published by Routledge. This book was released on 2002-01-04 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly controversial new book considers how the dangerous offender has become such a figure of collective anxiety for the citizens of rationalised Western societies. The authors consider: * ideas of danger and social threat in historical perspective * legal responses to violent criminals * attempts to predict dangerous behaviour * why particular groups, such as women, remain at risk from violent crime. This inspired collection invites us to rethink the received wisdom on dangerous offenders, and will be of interest to students and scholars in the fields of criminology and the sociology of Risk.
Download or read book Crime Punishment and Responsibility written by Rowan Cruft and published by Oxford University Press. This book was released on 2011-07-14 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
Download or read book Harmless Wrongdoing written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 4th and final volume in the series defines the philosophical basis for criminalizing so-called 'victimless crimes', such as pornography and consensual sexual activity.
Download or read book Regulating Deviance written by Bernadette McSherry and published by Hart Publishing. This book was released on 2009 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising 'new' terrorist offences and other transnational forms of criminality. 'Preventative' detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating 'deviant' behaviour.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
