Download or read book Fault in Criminal Law written by Alan Reed and published by Taylor & Francis. This book was released on 2022-08-22 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.
Download or read book Fault in Homicide written by Stanley Meng Heong Yeo and published by Federation Press. This book was released on 1997 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yeo's work examines the laws of England, Australia and India pertaining to the fault elements required for the crimes of murder and manslaughter. It contends that the Indian laws are superior and suggests a set of draft provisions which could comprise a viable model for reform of the English and Australian laws. The work is directly relevant to issues being considered in the development of the Model Criminal Code.
Download or read book The Normative Basis of Fault in Criminal Law written by Mojeed Adekemi Odujirin and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While a functional concept of crime under the common law has ancient roots, theoretical and doctrinal formulations emerged only in the 19th century. Here, scholar Adekemi Odujirin interweaves two narratives relating to crime--one contextual and functional, the other jurisprudential and theoretical. The result transcends traditional inquiry by identifying and exploring the normative conclusions embodied in the concept of crime.
Download or read book Responsibility and Fault written by Tony Honoré and published by Hart Publishing. This book was released on 1999-05-19 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honore (formerly civil law, Oxford U.) develops themes implicit in his and Herbert Hart's 1985 Causation in the Law. In seven essays, he proposes a theory of outcome responsibility that finds intervening in the world to be sufficient to make someone responsible. To act and be responsible is to take risks, he says, so that responsibility can be a matter of luck rather than fault or merit. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Homicide in Criminal Law written by Alan Reed and published by Routledge. This book was released on 2018-10-03 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems’ approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Download or read book Responsibility and Criminal Liability written by C.T. Sistare and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.
Download or read book Participation in Crime written by Professor Michael Bohlander and published by Ashgate Publishing, Ltd.. This book was released on 2013-07-28 with total page 997 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following on from the earlier edited collection, Loss of Control and Diminished Responsibility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.
Download or read book Faultless Guilt written by Amy J. Sepinwall and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is in the criminal law perhaps no principle more canonical than the fault principle, which holds that one may be punished only where one is blameworthy, and one is blameworthy only where one is at fault. Courts, criminal law scholars, moral philosophers and textbook authors all take the fault principle to be the foundational requirement for a just criminal law. Indeed, perceived threats to the fault principle in the mid-Twentieth Century yielded no less an achievement than the drafting of the Model Penal Code, which had as its guiding purpose an effort to safeguard faultless conduct from criminal condemnation. Yet notwithstanding its pedigree and predominance, I believe that the fault principle is false: Fault is not in fact necessary for one to deserve blame and punishment. Instead, and as made plain by the broader account of guilt I shall articulate here, one can be blameworthy, and so deserve punishment, even if one committed no element of the crime, and merely because one bears a particular kind of relationship to the criminal. Just when and why relationships, rather than fault, ought to ground criminal liability is what I seek to elucidate here. To that end, the Article first interrogates the (very few) arguments made on behalf of the fault principle and finds these wanting. The Article then presents cases and examples that illustrate how it is that one could be blameworthy even though one is not at fault. Finally, the Article considers the criminal law implications for individuals who are blameworthy without fault, and it concludes that at least some of these individuals deserve prosecution and punishment. This conclusion should not only shift our thinking about the conceptual relationships between blame, fault, guilt, culpability and criminal liability. It should also awaken us to salutary practical possibilities. For the Article's account, we shall see, ultimately provides a way to prosecute individuals who are widely regarded as deserving criminal punishment (e.g., executives at banks responsible for the financial crisis) but whom the fault principle currently places outside of the criminal law's reach. [The Article's positive account begins in Part IV. Readers pressed for time might read the Introduction and then skip the arguments and preliminaries set forth in Parts I-III.].
Download or read book Atiyah s Accidents Compensation and the Law written by Peter Cane and published by . This book was released on 2006 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.
Download or read book The Matrix of Insanity in Modern Criminal Law written by Gabriel Hallevy and published by Springer. This book was released on 2015-06-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.
Download or read book Positive Obligations in Criminal Law written by Andrew Ashworth and published by A&C Black. This book was released on 2014-07-18 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fault Lines written by Larissa MacFarquhar and published by . This book was released on 1991 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Strict Liability in Criminal Law written by Faizan Mustafa and published by . This book was released on 1992 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Victims Rights and Victims Wrongs written by Vera Bergelson and published by Stanford University Press. This book was released on 2009-08-18 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.
Download or read book Materials for Criminal Law written by Hamish Stewart and published by . This book was released on 1996 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law written by William Wilson and published by Pearson UK. This book was released on with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Crime written by Gerry Johnstone and published by SAGE. This book was released on 2009-12-09 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the definition of ′crime′? Law and Crime helps the criminologist to understand how the law constructs crime and how one might engage in critical analysis of such legal constructions. It uses a thematic approach to comprehensively explore the relationship between criminal conduct, criminal justice and the law. The book introduces key topics in criminal law scholarship for criminologists, including: criminalization fault and criminal responsibility corporate liability the production of criminal guilt the nature of judicial punishment. Aimed at students with no prior knowledge of law, the book includes many useful features to enhance understanding, from chapter overviews and key terms to study questions and suggestions for further reading. The Key Approaches to Criminology series celebrates the removal of traditional barriers between disciplines and, specifically, reflects criminology’s interdisciplinary nature and focus. It brings together some of the leading scholars working at the intersections of criminology and related subjects. Each book in the series helps readers to make intellectual connections between criminology and other discourses, and to understand the importance of studying crime and criminal justice within the context of broader debates. The series is intended to have appeal across the entire range of undergraduate and postgraduate studies and beyond, comprising books which offer introductions to the fields as well as advancing ideas and knowledge in their subject areas.
