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Criminalising Harmful Conduct
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Book Synopsis Criminalising Harmful Conduct by : Nina Persak
Download or read book Criminalising Harmful Conduct written by Nina Persak and published by Springer Science & Business Media. This book was released on 2007-06-04 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the issue of legitimate criminalization in a modern, liberal society. It argues that criminalization should be limited by normative principles, defining the substance of what can be legitimately proscribed. Coverage provides a comparative study between two major criminal legal systems and its theories: the Anglo-American, on one side, and the Continental criminal legal system of Germanic legal circle, on the other.
Book Synopsis Crimes, Harms, and Wrongs by : A P Simester
Download or read book Crimes, Harms, and Wrongs written by A P Simester and published by Bloomsbury Publishing. This book was released on 2011-06-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak
Book Synopsis Regulation and Social Control of Incivilities by : Nina Persak
Download or read book Regulation and Social Control of Incivilities written by Nina Persak and published by Routledge Studies in Crime and Society. This book was released on 2018-02-06 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing trend and prevalence of incivilities-targeting punitive regulatory measures across Europe raises important issues regarding the legitimacy, effectiveness and impact of such formal social control. Regulation and Social Control of Incivilities addresses the pertinent issues of current punitive regulation and the social control of incivilities, their trends, criminological explanations, political, spatial, cultural, representational and policing dimensions as well as the underlying behaviour it targets. Part I explores issues surrounding the regulation of incivilities, drawing examples from several European countries including Spain, Italy, Great Britain, Belgium, Slovenia and Hungary. It inspects the legal form and content of the prohibition of incivilities and the social factors that can help explain it, as well as the effectiveness and societal impact of various anti-nuisance measures. Part II focuses on social control and the representation of incivilities, including the construction and control of public nuisance in Belgium, the spatial and cultural aspects of incivilities and of law enforcement against them, the media representations of incivilities in the British and Flemish press, and the intersections between migration and control of incivilities when policing in the Netherlands. This book brings together international scholars to examine the ways in which understudied European countries approach the issue of anti-social behaviour. This multidisciplinary text will be of interest to students, scholars and policymakers concerned with issues of social control, incivilities and criminalisation.
Download or read book Answering for Crime written by R A Duff and published by Bloomsbury Publishing. This book was released on 2007-11-16 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.
Book Synopsis Moral Limits of the Criminal Law by : Joel Feinberg
Download or read book Moral Limits of the Criminal Law written by Joel Feinberg and published by . This book was released on 1984 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the 'harm principle', the common-sense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation.
Book Synopsis Liberal Criminal Theory by : A P Simester
Download or read book Liberal Criminal Theory written by A P Simester and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.
Book Synopsis Insider Dealing and Criminal Law by : Iwona Seredyńska
Download or read book Insider Dealing and Criminal Law written by Iwona Seredyńska and published by Springer Science & Business Media. This book was released on 2011-11-03 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a multidisciplinary analysis of the issue of insider dealing from the perspective of the applicability of criminal law to regulate it. First, it examines the nature of its prohibition in the European Union and in the United States of America. The text includes a more extensive overview of prohibition in four Member States of the European Union (France, the United Kingdom, Luxembourg and Poland). Then, it summarises the arguments presented by ethicists and economists in favour of and against insider dealing. Further, it analyses the foundations of criminal law and justifications that are given for its application. On the basis of this analysis, it presents a new two-step theory of criminalisation. The first step is based on a liberal theory of wrongfulness that makes reference to protection of the basic human rights. The second step relies on classical but often forgotten principles of criminal law. Finally, it examines possible alternatives to criminal rules.
Book Synopsis Positive Obligations in Criminal Law by : Andrew Ashworth
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.
Book Synopsis Punishment, Danger and Stigma by : Nigel Walker
Download or read book Punishment, Danger and Stigma written by Nigel Walker and published by Rowman & Littlefield Publishers. This book was released on 1980 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Author :Janet (Former Senior Lecturer in Law Loveless, London Metropolitan University) Publisher :Complete ISBN 13 :0198848463 Total Pages :780 pages Book Rating :4.1/5 (988 download)
Book Synopsis Complete Criminal Law by : Janet (Former Senior Lecturer in Law Loveless, London Metropolitan University)
Download or read book Complete Criminal Law written by Janet (Former Senior Lecturer in Law Loveless, London Metropolitan University) and published by Complete. This book was released on 2020-05-04 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complete Criminal Law provides students with choice extracts, supported by clear author commentary and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of criminal law.The Complete titles are ambitious in their scope; they have been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works,demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding.Online ResourcesThis book is accompanied by free-to-acess online resources for both students and lecturers.- Annual updates- Links to relevant websites- Answer guidance on problem questions and 'thinking points' from the text- Extra exam style questions with answers guidance- Test bank of 200 multiple choice questions- Additional information on drugs offences
Book Synopsis The Future of EU Criminal Justice Policy and Practice by : Jannemieke Ouwerkerk
Download or read book The Future of EU Criminal Justice Policy and Practice written by Jannemieke Ouwerkerk and published by BRILL. This book was released on 2019-03-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos
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.
Book Synopsis The Realm of Criminal Law by : R A Duff
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 2018-06-14 with total page 373 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.
Book Synopsis Complete Criminal Law by : Janet Loveless
Download or read book Complete Criminal Law written by Janet Loveless and published by Oxford University Press. This book was released on 2018 with total page 781 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complete Criminal Law offer students a carefully blended combination of the subject's concepts, cases, and commentary. A combination which encourages critical thinking, stimulates analysis, and promotes a complete understanding.
Book Synopsis Criminal Liability of Managers in Europe by : Stanislaw Tosza
Download or read book Criminal Liability of Managers in Europe written by Stanislaw Tosza and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.
Download or read book Incivilities written by A P Simester and published by Bloomsbury Publishing. This book was released on 2006-10-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.
Book Synopsis Criminal Law: The Basics by : Jonathan Herring
Download or read book Criminal Law: The Basics written by Jonathan Herring and published by Routledge. This book was released on 2009-10-16 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Law: The Basics is an insightful introduction to the legal aspects of criminal acts, ranging from battery to burglary and harassment to homicide. Starting with an in-depth exploration of the very concept of crime, this book considers such questions as: how should we decide what is criminal and what isn’t? what is the difference between murder and manslaughter? could you ever be guilty of stealing your own property? what defences are available to those accused of crime? The book features numerous case studies from the infamous to the bizarre and key questions for consideration throughout. Each chapter ends with lists of relevant cases, statutes and suggestions for further reading, making this an ideal starting point for anyone interested in criminal law.
