Download or read book Intention Agency and Criminal Liability written by Antony Duff and published by Wiley-Blackwell. This book was released on 1990-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution of the Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Download or read book The Structures of The Criminal Law written by R. A. Duff and published by Oxford University Press. This book was released on 2011 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is concerned with three structures of criminal law: the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.
Download or read book Criminal Liability for Serious Traffic Offences written by Alwin van Dijk and published by Eleven International Publishing. This book was released on 2017-12-17 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal law on serious traffic offenses presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking? Another controversial issue concerns highly culpable behavior that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence, or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offenses. With a focus on England/Wales, the Netherlands, France, Germany, and Spain, the book reveals that there are enormous differences in both drafting and interpretation of serious traffic offenses. Additionally, it elaborates on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation, and the concept of conditional intent in relation to extremely dangerous traffic behavior. (Series: Governance & Recht - Vol. 11) [Subject: Criminal Law, Traffic Law, Comparative Law]
Download or read book The Boundaries of the Criminal Law written by R.A. Duff and published by Oxford University Press. This book was released on 2010-11-11 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.
Download or read book The Realm of Criminal Law written by R A Duff and published by Oxford University Press. This book was released on 2018-06-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.
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 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.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book In Search of Criminal Responsibility written by Nicola Lacey and published by Oxford University Press. This book was released on 2016 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Omissions written by Randolph Clarke and published by Oxford University Press, USA. This book was released on 2014 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Besides acting, we often omit to do or refrain from doing certain things. Omitting and refraining are not simply special cases of action; they require their own distinctive treatment. This book offers the first comprehensive account of these phenomena, addressing questions of metaphysics, agency, and moral responsibility.
Download or read book Justice Liability And Blame written by Paul H. Robinson and published by Routledge. This book was released on 2019-03-13 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.
Download or read book Attempts written by Gideon Yaffe and published by Oxford University Press. This book was released on 2010-11-18 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.
Download or read book Agency and Action written by John Hyman and published by Cambridge University Press. This book was released on 2004-11-15 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most exciting developments in philosophy in the last fifty years is the resurgence in the philosophy of action. The concept of action now occupies a central place in ethics, metaphysics and jurisprudence. This collection of original essays, by some of the most astute and influential philosophers working in this area, covers the entire range of the philosophy of action. Topics covered include the nature of actions themselves; how the concepts of act, agent, cause and event are related to each other; self-knowledge, emotion, autonomy and freedom in human life; and the place of the concept of action in criminal law. The volume concludes with a major essay by one of America's leading authorities in the philosophy of law on 'the 3.5 billion dollar question': was the destruction of the World Trade Center one event or two?
Download or read book Modern Bribery Law written by Jeremy Horder and published by Cambridge University Press. This book was released on 2013-04-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
Download or read book A Philosophy of Criminal Attempts written by Bebhinn Donnelly-Lazarov and published by Cambridge University Press. This book was released on 2015-04-30 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extends and adapts G. E. M. Anscombe's philosophy to reveal attempting as a subjective species of intentional action. Locates criminal attempts therein.
