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George Fletchers Essays On Criminal Law
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Book Synopsis George Fletcher's Essays on Criminal Law by : George P. Fletcher
Download or read book George Fletcher's Essays on Criminal Law written by George P. Fletcher and published by Oxford University Press, USA. This book was released on 2013-01-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects, for the first time, a selection of criminal law scholar George Fletcher's most famous previously published shorter works as well as some that are less known but equally important. Each of the twelve essays by Fletcher is paired with one or more new critical commentaries on that essay. These critical commentaries trace the impact of the respective essay in the development of the criminal law and assess its future significance.
Book Synopsis Rethinking Criminal Law by : George P. Fletcher
Download or read book Rethinking Criminal Law written by George P. Fletcher and published by Oxford University Press. This book was released on 2000-06-29 with total page 926 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 Oxford in three volumes, the first of which is scheduled to appear in January of 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 Basic Concepts of Criminal Law by : George P. Fletcher
Download or read book Basic Concepts of Criminal Law written by George P. Fletcher and published by Oxford University Press. This book was released on 1998-09-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.
Book Synopsis Basic Concepts of Criminal Law by : George P. Fletcher
Download or read book Basic Concepts of Criminal Law written by George P. Fletcher and published by . This book was released on 1998 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this text, Fletcher maintains that there is much greater unity among diverse systems of criminal justice than commonly realized, and that any adequate system of criminal law necessarily must address a set of universal, basic issues.
Book Synopsis A Crime of Self-Defense by : George P. Fletcher
Download or read book A Crime of Self-Defense written by George P. Fletcher and published by University of Chicago Press. This book was released on 1990-06-15 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's interpretation of it according to the law.
Book Synopsis Truth, Error, and Criminal Law by : Larry Laudan
Download or read book Truth, Error, and Criminal Law written by Larry Laudan and published by Cambridge University Press. This book was released on 2006-06-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Book Synopsis Romantics at War by : George P. Fletcher
Download or read book Romantics at War written by George P. Fletcher and published by Princeton University Press. This book was released on 2009-01-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is at war with terrorism. Terrorists must be brought to justice. We hear these phrases together so often that we rarely pause to reflect on the dramatic differences between the demands of war and the demands of justice, differences so deep that the pursuit of one often comes at the expense of the other. In this book, one of the country's most important legal thinkers brings much-needed clarity to the still unfolding debates about how to pursue war and justice in the age of terrorism. George Fletcher also draws on his rare ability to combine insights from history, philosophy, literature, and law to place these debates in a rich cultural context. He seeks to explain why Americans--for so many years cynical about war--have recently found war so appealing. He finds the answer in a revival of Romanticism, a growing desire in the post-Vietnam era to identify with grand causes and to put nations at the center of ideas about glory and guilt. Fletcher opens with unsettling questions about the nature of terrorism, war, and justice, showing how dangerously slippery the concepts can be. He argues that those sympathetic to war are heirs to the ideals of Byron, Fichte, and other Romantics in their belief that nations--not just individuals--must uphold honor and be held accountable for crimes. Fletcher writes that ideas about collective glory and guilt are far more plausible and widespread than liberal individualists typically recognize. But as he traces the implications of the Romantic mindset for debates about war crimes, treason, military tribunals, and genocide, he also shows that losing oneself in a grand cause can all too easily lead to moral catastrophe. A work of extraordinary intellectual power and relevance, the book will change how we think not only about world events, but about the conflicting individualist and collective impulses that tear at all of us.
Book Synopsis Essential Criminal Law by : Matthew Lippman
Download or read book Essential Criminal Law written by Matthew Lippman and published by SAGE Publications. This book was released on 2016-08-18 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential Criminal Law, Second Edition equips students with a foundational and practical understanding of criminal law in the United States, as well as encourages strong legal reasoning skills for students with no prior exposure to case law. Award-winning professor and bestselling author Matthew Lippman guides students through the complexities of the legal system using thought-provoking examples of real-life crimes and legal defenses, along with highly approachable case analyses. Updated with the most current developments in criminal law and public policy, the Second Edition takes students beyond the classroom and prepares them to apply criminal law in today’s legal world.
Book Synopsis The Grammar of Criminal Law: Foundations by : George P. Fletcher
Download or read book The Grammar of Criminal Law: Foundations written by George P. Fletcher and published by . This book was released on 2007 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law.
Download or read book Loyalty written by George P. Fletcher and published by Oxford University Press. This book was released on 1995-07-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when age-old political structures are crumbling, civil strife abounds, and economic uncertainty permeates the air, loyalty offers us security in our relationships with associates, friends, and family. Yet loyalty is a suspect virtue. It is not impartial. It is not blind. It violates the principles of morality that have dominated Western thought for the last two hundred years. Loyalties are also thought to be irrational and contrary to the spirit of Capitalism. In a free market society, we are encouraged to move to the competition when we are not happy. This way of thinking has invaded our personal relationships and undermined our capacities for friendship and loyalty to those who do not serve our immediate interests. As George P. Fletcher writes, it is time for loyal bonds, born of history and experience, to prevail both over impartial morality and the self-interested thinking of the market trader. In this extended essay, George P. Fletcher offers an account of loyalty that illuminates its role in our relationships with family and friends, our ties to country, and the commitment of the religious to God and their community. Fletcher opposes the traditional view of the moral self as detached from context and history. He argues instead that loyalty, not impartial detachment, should be the central feature of our moral and political lives. Writing as a political "liberal," he claims that a commitment to country is necessary to improve the lot of the poor and disadvantaged. This commitment to country may well require greater reliance on patriotic rituals in education and a reconsideration of the Supreme Court's extending the First Amendment to protect flag burning. Given the worldwide currents of parochialism and political decentralization, the task for us, Fletcher argues, is to renew our commitment to a single nation united in its diversity. Bringing to bear his expertise as a law professor, Fletcher reasons that the legal systems should defer to existing relationships of loyalty. Familial, professional, and religious loyalties should be respected as relationships beyond the limits of the law. Thus surrogate mothers should not be forced to surrender and betray their children, spouses should not be required to testify against each other in court, parents should not be prevented from willing their property to their children, and the religiously committed should not be forced to act contrary to conscience. Yet the question remains: Aren't loyalty, and particularly patriotism, dangerously one-sided? Indeed, they are, but no more than are love and friendship. The challenge, Fletcher maintains, is to overcome the distorting effects of impartial morality and to develop a morality of loyalty properly suited to our emotional and spiritual lives. Justice has its sphere, as do loyalties. In this book, Fletcher provides the first step toward a new way of thinking that recognizes the complexity of our moral and political lives.
Book Synopsis The Oxford Companion to International Criminal Justice by :
Download or read book The Oxford Companion to International Criminal Justice written by and published by OUP Oxford. This book was released on 2009-01-22 with total page 1093 pages. Available in PDF, EPUB and Kindle. Book excerpt: The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
Book Synopsis The Grammar of Criminal Law by : George P. Fletcher
Download or read book The Grammar of Criminal Law written by George P. Fletcher and published by Oxford University Press, USA. This book was released on 2019-10-28 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand the international legal order in the field of criminal law, we need to ask three elementary questions. What is international law? What is criminal law? And what happens to these two fields when they are joined together? Volume Two of The Grammar of Criminal Law sets out to answer these questions through a series of twelve dichotomies - such as law vs. justice, intention vs. negligence, and causation vs. background events - that invite the reader to better understand the jurisprudential foundations of international criminal law. The book will appeal to anyone interested in the future of international cooperation in a time of national retrenchment, and will be of interest to students, scholars, and policymakers around the world.
Book Synopsis Our Secret Constitution by : George P. Fletcher
Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
Book Synopsis Making the Modern Criminal Law by : Lindsay Farmer
Download or read book Making the Modern Criminal Law written by Lindsay Farmer and published by Oxford University Press. This book was released on 2016-01-21 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.
Book Synopsis Foundational Texts in Modern Criminal Law by : Markus D Dubber
Download or read book Foundational Texts in Modern Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-08-21 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Book Synopsis Foundations of Criminal Justice by : Stephen S. Owen
Download or read book Foundations of Criminal Justice written by Stephen S. Owen and published by Oxford University Press, USA. This book was released on 2019-07-15 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? What is deviance? What is justice? How is justice achieved through law, punishment, and criminal justice agencies? Now in its third edition, Foundations of Criminal Justice uses a unique approach that provides students with the framework and the intellectual tools that they will need in order to critically analyze and evaluate the nature, sources, scope, purposes, and practical limitations of the criminal justice system. This is the only introductory survey text that moves beyond a description of the criminal justice system, helping students understand the role of criminal justice in their lives as criminal justice practitioners and as active citizens.
Book Synopsis Self-Defense, Necessity, and Punishment by : Uwe Steinhoff
Download or read book Self-Defense, Necessity, and Punishment written by Uwe Steinhoff and published by Routledge. This book was released on 2019-10-08 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of rights forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy.
