Download or read book The Law of Duress and Necessity written by Nathan Tamblyn and published by Routledge. This book was released on 2017-09-07 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The language of duress and necessity is found in crime, tort and contract. This book explores those pleas, in both case law and theory, across the subject boundaries, and across jurisdictions. In doing so, it seeks to identify the lessons which each area of law can learn from the others, and to tease out common themes while demarcating important differences. The overall outcome is a law more coherent and understood in sharper detail. This book considers the law of England and Wales, Australia, New Zealand, Hong Kong and Canada, as well as the American tortious defence of necessity.
Download or read book Duress and Necessity in the Criminal Law of the U S A and Thailand written by Nathee Vadtanakovint and published by . This book was released on 1984 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Defences of Duress and Necessity in the Criminal Law written by John Patrick Mee and published by . This book was released on 1989 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of Emotions in Criminal Law Defences written by Eimear Spain and published by Cambridge University Press. This book was released on 2011-09-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Duress and necessity in the criminal law written by Arnold N. Enker and published by . This book was released on 1977 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Criminal Law in a Nutshell written by Arnold H. Loewy and published by . This book was released on 1987 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment; Homicides, Degrees of Homicide; Felony Murder; Causation; Assault; Battery; Mayhem; Rape; Statutory Rape; Kidnapping; Self-Defense; Retreat Rule; Imperfect Self-Defense; Defense of Others; Resisting Arrest; Protecting Property; Larceny; Embezzlement; False Pretenses: Forgery; Receiving Stolen Goods; Robbery; Extortion; Burglary; Arson; Mens Rea; Strict Liability; Mistake of Fact and Law; Actus Reus; Voluntariness; Omissions; Insanity; Different Tests for Insanity; Insanity vs. Automatism; Infancy; Intoxication; Duress; Necessity; Cruel and Unusual Punishment; Entrapment; Burden of Proof; Presumptions; Attempt; Attempt Mens Rea; Attempt Actus Reus; Abandonment; Solicitation; Vagrancy; Parties to Crime; Parties Actus Reus; Parties Mens Rea; Conspiracy; RICO; Vagueness; Ex-Post-Facto Laws; Common Law Crimes; Victimless Crimes.
Download or read book Justification Defenses and Just Convictions written by Robert F. Schopp and published by Cambridge University Press. This book was released on 1998-01-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Wickedness and Crime written by Penny Crofts and published by Routledge. This book was released on 2013-10-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal legal system defines and authoritatively enacts the boundaries of permissible and impermissible behaviour, with a focus on that which is prohibited or transgressive. Wickedness and Crime: Laws of Homicide and Malice seeks to expose the ways in which criminal law communicates and sanctions particular models of wickedness. This book illuminates the intimate relationship of crime and definitions of wrongdoing. A central contention of the book is that if a criminal legal system empty of normative content is undesirable and implausible, then we must think critically about the types of models of wickedness that are communicated by criminal legal doctrine. Through historical and contemporary analysis of the legal concept of malice, Penny Crofts examines the types of models of wickedness that are established through criminal legal doctrine. The book draws upon literature, philosophy and jurisprudence to place wickedness at the centre of an account of criminal law. Arguing that the current dominant idea of wickedness communicated in criminal law lacks nuance and clarity, this book examines the implications in terms of the legal subject, social responsibility and the jurisdiction of the legal system. Through historical accounts of malice the book provides resources to enrich a contemporary jurisprudence of blaming. A fascinating contribution to the study of law, this book will interest criminal legal scholars who seek a deeper understanding of the complexity of the relationship between law and morality. The book also provides a resource for legal theorists and philosophers of wickedness, supplying a sustained example and analysis of the implications of types of models of culpability.
Download or read book Killing in Self defence written by Fiona Leverick and published by Oxford University Press, USA. This book was released on 2006 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Duress Coercion and Necessity written by Victoria. Law Reform Commissioner and published by . This book was released on 1978 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Matrix of Necessity in Modern Criminal Law written by Gabriel Hallevy and published by Springer. This book was released on 2016-08-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the modern theory of necessity and the current distinctions between necessity and self-defense, dwelling defense and duress. Most legal systems have accepted necessity as general defense. However, justifications for this defense and the distinctions between necessity and tangential in rem general defenses have changed significantly in modern criminal law. In addition, the book presents the function of transformation-of-fault (formerly actio libera in causa) in its modern form. Focusing on the Anglo-American and European-Continental legal systems, the book is divided into four chapters: The Modern Defense of Necessity, Integrating Necessity with the Principle of Fault in Modern Criminal Law, Tangential In Rem Defenses in Criminal Law and their Implications for Necessity, The Function of Transformation of Fault.
Download or read book Prosecuting International Crimes written by Robert Cryer and published by Cambridge University Press. This book was released on 2005-06-30 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.
Download or read book Recent Developments in Criminal Law written by Stanley Meng Heong Yeo and published by . This book was released on 1989 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law written by Markus Dubber and published by Oxford University Press. This book was released on 2014-03 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.
Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska and published by BRILL. This book was released on 2021-12-13 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Duress Necessity and the Taking of Innocent Life written by Andrew Alexander Bowers and published by . This book was released on 2005 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
