Download or read book Provocation and the Punishment of Crime written by William Gilman Low and published by . This book was released on 1898 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sex Culpability and the Defence of Provocation written by Danielle Tyson and published by Routledge. This book was released on 2013 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with the complex case law concerning the use of the provocation defence in cases of intimate killings, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of homicide.
Download or read book Crimes and Punishment written by Richard G. Singer and published by Irwin Professional Publishing. This book was released on 1996 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Problem of Punishment written by David Boonin and published by Cambridge University Press. This book was released on 2008-04-14 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.
Download or read book Criminal Responsibility and Partial Excuses written by George Mousourakis and published by Routledge. This book was released on 2018-12-17 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.
Download or read book Provocation and Punishment written by Samantha Joo and published by Walter de Gruyter. This book was released on 2012-02-16 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the problem of theodicy arising from the fall of Jerusalem (587 B.C.E.) in the book of Jeremiah. It explores the ways in which the authors of the book of Jeremiah tried to explain away their God's responsibility while clinging to the idea of divine mastery over human affairs. In order to trace the development of a particular book's understanding of God's role in meting out punishments, this book analyzes all the passages containing the word pivotal, הכעיס (“to provoke to anger”) in Deuteronomistic History and the book of Jeremiah.
Download or read book The Punishment Response written by Graeme R. Newman and published by Transaction Publishers. This book was released on with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book With Malice Aforethought written by Louis Blom-Cooper and published by Bloomsbury Publishing. This book was released on 2004-10-19 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than three centuries the criminal law has given rise to a divergent set of approaches to the crime of homicide. Whereas the law of murder has not conceptually changed,the crime of manslaughter has resulted in some forms of homicide being visited with relatively minor penalties. These various categories of unlawful killing present considerable problems relating to intention, or lack of it, and the culpability of those whose behaviour, while lacking in evident malice, is characterised by the grossest recklessness. The reaction of the relatives of victims is generally simpler. They frequently find it impossible to understand how those who kill by dangerous or drunken driving may receive comparatively lenient sentences, while those convicted of manslaughter following a drunken brawl may be dealt with more severely, and yet others, convicted of so-called 'mercy killings', are subject to the mandatory penalty of life imprisonment. This book addresses the powerful and controversial arguments for the current distinctions between murder, manslaughter and other specific categories of crime to be abolished and subsumed within a single crime of culpable homicide. In the course of this analysis the authors consider a number of issues of great contemporary importance, including the presentation of expert evidence in cases involving unexplained infant death, corporate killing, and the question of the defences available to the accused, including self-defence and provocation, where popular notions of what is reasonable or justifiable may be at variance with legal precedent. While this book aims to consider criminal homicide in its social, historical and legal setting, it also goes far beyond in setting out the case for radical reform.
Download or read book Judging Evil written by Samuel H. Pillsbury and published by NYU Press. This book was released on 2000-07-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do killers deserve punishment? How should the law decide? These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. Using real case examples, he offers concrete proposals for legal reform, urging that modern preoccupations with subjective aspects of wrongdoing be replaced with rules that focus more on the individual's motives.
Download or read book Excusing Crime written by Jeremy Horder and published by Oxford University Press, USA. This book was released on 2004 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. Setting himself against the 'classical' view of excuses, which has a long heritage, and is enshrined in different forms in many of the world's criminal codes, both liberal and non-liberal; Jeremy Horder argues that it is now time to move forwards. He contends that a wider range of excuses--'diminished capacity', 'due diligence' and 'demands of conscience'--should be recognised in law.
Download or read book Criminal Law written by Shima Baradaran Baughman and published by Aspen Publishing. This book was released on 2024 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Criminal law forces us to confront the most important moral dilemmas of our times. More than most law school courses, criminal law engages our emotions as well as our intellects. This book will encourage that engagement. Many of our examples are taken from current topics of intense public debate such as euthanasia, male rape, self-defense, and even fantasy Internet crime. But the underlying normative challenge of the criminal law - justifying the coercive use of state power against individuals - transcends particular controversies. Indeed, this debate has challenged great thinkers of the past like Plato, Socrates, Aquinas, and Kant. And it will certainly challenge us and future generations. This text keeps that tension in sharp and continuous focus"--
Download or read book Examples Explanations for Criminal Law written by Richard G. Singer and published by Aspen Publishing. This book was released on 2021-09-08 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employing the unique, time-tested Examples & Explanations pedagogy, Examples & Explanations for Criminal Law combines textual material with well-written and comprehensive examples, explanations, and questions to test students’ comprehension of the materials and to provide practice in applying information to fact patterns. The questions, which often raise a variety of issues in one fact situation, are similar to those on a law school or bar examination. New to the Eighth Edition: Discussion of self-defense and police use of force issues Impact of #MeToo movement on rape law Interesting hypothetical situations based on real cases in the last few years Professors and students will benefit from: Updated materials—utilizes well-known cases that have not made the appellate courts or even gone to litigation to make the material current and easily applicable Explanations include analysis of both prosecution and defense—this pedagogical approach provides valuable exam-writing skills for students Readable and accessible—often incorporates popular culture and humor to spark interest in students Highly recommended—by Atticus Falcon, author of Planet Law School, an orientation guide for students about to begin law school Straightforward presentation—clear, introductory text enables students to understand and apply principles Visual aids—tables and charts demonstrate legal standards and concepts
Download or read book Modern Histories of Crime and Punishment written by and published by Stanford University Press. This book was released on 2007-07-18 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays critically examining the historical development of the modern criminal law.
Download or read book Homicide Law Reform Gender and the Provocation Defence written by Kate Fitz-Gibbon and published by Springer. This book was released on 2014-09-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.
Download or read book Private wrongs written by William Blackstone and published by . This book was released on 1854 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Offences and Defences written by John Gardner and published by OUP Oxford. This book was released on 2007-11-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Gardner's writings on the theory of criminal law have had a significant impact on the way that this subject is understood by legal scholars and philosophers. This book collects together a selection of his best-known and most provocative pieces. John Gardner tackles persistent and troublesome questions about the philosophical foundations of the criminal law. Which wrongs are suitable to be crimes and why? What are the conditions of criminal responsibility, and how do they relate to the conditions of moral responsibility? What does it take to be complicit in another's wrongdoing? Should crimes ever be excused, and if so, on what basis? How, if at all, should the criminal law adapt to conditions of social and cultural diversity? The issues raised in these essays have a significance extending beyond the law. What does it mean to be a responsible agent and why does it matter? Is my moral character only or mostly my own business? Is there a difference between being reasonable and being rational? These and many other moral problems lurk in the background of the criminal law, and the pieces in this book bring them into the foreground. Theoretical writings on the criminal law have often been dominated by a preoccupation with the justification of criminal punishment. This work is different. Although it discusses the legitimacy of criminal punishment it proceeds on the footing that the criminal law does many important things apart from punishing people. In particular, Gardner argues that the criminal law provides an important forum for people to explain themselves. Such a forum would be important, argues Gardner, even if criminal punishment were to be abolished.
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 408 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.
