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Criminal Responsibility And Partial Excuses
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Book Synopsis Criminal Responsibility and Partial Excuses by : George Mousourakis
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 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.
Book Synopsis Rethinking Criminal Law by : George P. Fletcher
Download or read book Rethinking Criminal Law written by George P. Fletcher and published by . This book was released on 2000 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition which will be published by OUP in three volumes, the first of which is scheduled to appear in January 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
Book Synopsis Moral Puzzles and Legal Perplexities by : Heidi M. Hurd
Download or read book Moral Puzzles and Legal Perplexities written by Heidi M. Hurd and published by Cambridge University Press. This book was released on 2018-11-22 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Book Synopsis Partial Excuses to Murder by : Stanley Meng Heong Yeo
Download or read book Partial Excuses to Murder written by Stanley Meng Heong Yeo and published by Wm Gaunt & Sons. This book was released on 1990 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixteen papers on provocation, diminished responsibility, excessive self-defence and intoxication described in the Adelaide Law Review as: "a comprehensive and illuminating view of the four defences" Other publications agree: "Those of us who must defend in the cold aftermath of a killing would do well to have a copy of this book handy."ACT Law Society Newsletter "There is a healthy balance between theoretical perspective and practical application."Victorian Law Institute Journal
Book Synopsis Great Debates in Criminal Law by : Jonathan Herring
Download or read book Great Debates in Criminal Law written by Jonathan Herring and published by Bloomsbury Publishing. This book was released on 2020-06-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is an introduction to more advanced writings on criminal law, primarily designed to allow students to think critically and analyse specific topics. Each chapter is structured around key questions and debates that provoke deeper thought. It asks questions such as: Why do we have the laws that we have? Could the criminal law look differently? How should the law be applied to novel situations? Does the law in fact reflect prejudices? The aim of the book is not to present a complete overview of theoretical issues in criminal law, but rather to illustrate the current debates among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. New to this Edition: - A new debate on the law on body modification - Fresh discussion of the law on dishonesty - Important new case law on causation - Detailed discussion of developments on the law on accessory - Significant developments on the law on sexual offences
Book Synopsis Unravelling Tort and Crime by : Matthew Dyson
Download or read book Unravelling Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2014-07-17 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
Download or read book Criminal Law written by Jonathan Herring and published by Oxford University Press. This book was released on 2018 with total page 945 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jonathan Herring's unique and bestselling approach of separating out the doctrinal and theoretical aspects of the law, alongside expertly selected extracts, makes this book enduringly popular with students and teachers.
Book Synopsis The Insanity Defence by : Ronnie Mackay
Download or read book The Insanity Defence written by Ronnie Mackay and published by Oxford University Press. This book was released on 2022-12-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.
Book Synopsis The Age of Culpability by : Gideon Yaffe
Download or read book The Age of Culpability written by Gideon Yaffe and published by Oxford University Press. This book was released on 2018 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.
Book Synopsis The Age of Culpability by : Gideon Yaffe
Download or read book The Age of Culpability written by Gideon Yaffe and published by Oxford University Press. This book was released on 2018-03-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.
Book Synopsis Tort Law Defences by : James Goudkamp
Download or read book Tort Law Defences written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2013-07-31 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
Book Synopsis Manifest Madness by : Arlie Loughnan
Download or read book Manifest Madness written by Arlie Loughnan and published by Oxford University Press. This book was released on 2012-04-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.
Download or read book Ignorance of Law written by Douglas Husak and published by Oxford University Press. This book was released on 2016-07-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.
Book Synopsis The Mental Condition in Criminal Law by : Frans Koenraadt
Download or read book The Mental Condition in Criminal Law written by Frans Koenraadt and published by Rozenberg Publishers. This book was released on 2007-12-31 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Netherlands the vast majority of forensic mental health assessment on an in-patient basis is carried out at the Pieter Baan Centre, Utrecht, which has the legal status of a house of detention and observation centre. Suspects of serious offences are observed and assessed intensively for a period of seven weeks by a multidisciplinary team of experts. Not only has the enshrinement of forensic mental health diagnosis in the law led to the accentuation of an individualistic type of diagnosis but also makes it important for the expert to consider his position in the justice system. The various parts of the forensic mental health assessment are described in this volume as well as the legal enshrinement of the assessment, an international comparison of Dutch criminal law, the history of the hospital and a survey of relevant research. The Pieter Baan Centre has existed almost sixty years. Based on an extensive clinical experience, the authors offer an account of the way in which this hospital provides for forensic mental health reporting.
Book Synopsis Oxford Studies in Agency and Responsibility, Volume 1 by : David Shoemaker
Download or read book Oxford Studies in Agency and Responsibility, Volume 1 written by David Shoemaker and published by Oxford University Press. This book was released on 2013-08-08 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues for 2014- cataloged as a serial in LC.
Book Synopsis The Oxford Companion to American Law by : Kermit L. Hall
Download or read book The Oxford Companion to American Law written by Kermit L. Hall and published by Oxford University Press. This book was released on 2002-05-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark in legal publishing, The Oxford Companion to the Supreme Court is a now classic text many of whose entries are regularly cited by scholars as the definitive statement on any particular subject. In the tradition of that work, editor in chief Kermit L. Hall offers up The Oxford Companion to American Law, a one-volume, A-Z encyclopedia that covers topics ranging from aging and the law, wiretapping and electronic eavesdropping, the Salem Witch Trials and Plessy vs. Ferguson. The Companion takes as its starting point the insight that law is embedded in society, and that to understand American law one must necessarily ask questions about the relationship between it and the social order, now and in the past. The volume assumes that American law, in all its richness and complexity, cannot be understood in isolation, as simply the business of the Supreme Court, or as a list of common law doctrines. Hence, the volume takes seriously issues involving laws role in structuring decisions about governance, the significance of state and local law and legal institutions, and the place of American law in a comparative international perspective. Nearly 500 entries are included, written by over 300 expert contributors. Intended for the working lawyer or judge, the high school student working on a term paper, or the general adult reader interested in the topic, the Companion is the authoritative reference work on the subject of American law.
