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Justification Defenses And Just Convictions
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Book Synopsis Justification Defenses and Just Convictions by : Robert F. Schopp
Download or read book Justification Defenses and Just Convictions written by Robert F. Schopp and published by Cambridge University Press. This book was released on 1998-01-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.
Book Synopsis Rethinking Self-Defence by : T Markus Funk
Download or read book Rethinking Self-Defence written by T Markus Funk and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-defence – the 'ancient right' – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper rationale. It tackles core issues such as the relative importance of the State's claimed monopoly on force, procedural justice and the need to shore up the justice system's legitimacy and creditworthiness, everyone's presumptive 'right to life,' and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of 'just' and 'right' outcomes, as well as the emphasis legal systems place (and should place) on State power.
Book Synopsis Tort Law Defences by : James Goudkamp
Download or read book Tort Law Defences written by James Goudkamp and published by A&C Black. This book was released on 2014-07-18 with total page 422 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.
Download or read book Criminal Law written by G. Larry Mays and published by Aspen Publishing. This book was released on 2015-01-28 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This author team had students in mind when they wrote the book on Criminal Law. Criminal Law: Core Concepts uses examples and case excerpts that are interesting and informative, along with logically organized, plain-English discussion of the Model Penal Code. This is the basis for developing a solid understanding of criminal law concepts. One look inside this book and you ll notice that every page promises unobstructed learning. You ll see an uncluttered page design, uncluttered coverage, writing uncluttered by legalese, and case excerpts uncluttered by extraneous detail Everything in this book serves a purpose. Criminal Law: Core Concepts features: A commitment to clarity, reflected in the writing style, organization, pedagogy, and design Shrewd case editing that hones in on salient themes and principles Engaging and informative examples throughout the text Plain English discussion of the Model Penal Code Timely coverage of contemporary topics, such as street crime
Book Synopsis Killing in Self-Defence by : Fiona Leverick
Download or read book Killing in Self-Defence written by Fiona Leverick and published by OUP Oxford. This book was released on 2006-12-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.
Book Synopsis Self-Defence in Criminal Law by : Boaz Sangero
Download or read book Self-Defence in Criminal Law written by Boaz Sangero and published by Bloomsbury Publishing. This book was released on 2006-07-24 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.
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 375 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.
Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Book Synopsis The Role of Emotions in Criminal Law Defences by : Eimear Spain
Download or read book The Role of Emotions in Criminal Law Defences written by Eimear Spain and published by Cambridge University Press. This book was released on 2011-09-29 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.
Book Synopsis ABA Standards for Criminal Justice by : American Bar Association
Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Book Synopsis Exceptions in International Law by : Lorand Bartels
Download or read book Exceptions in International Law written by Lorand Bartels and published by . This book was released on 2020 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exceptions to international obligations can be expressed in several ways and be of fundamental practical importance. Drawing from legal philosophers and scholars of international law, this volume provides theoretical frameworks to the understanding of such exceptions and applies these frameworks to specific areas of international law.
Book Synopsis Justification Without Awareness by : Michael Bergmann
Download or read book Justification Without Awareness written by Michael Bergmann and published by Oxford University Press. This book was released on 2006-05-18 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Bergmann provides a decisive refutation of internalism and a sustained defense of externalism, developing his theory of justification by imposing both a proper function and a no-defeater requirement.
Book Synopsis General Defences in Criminal Law by : Alan Reed
Download or read book General Defences in Criminal Law written by Alan Reed and published by Routledge. This book was released on 2016-04-15 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
Book Synopsis Deserved Criminal Sentences by : Andreas von Hirsch
Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Book Synopsis The Law of Self-defense in North Carolina by : John Rubin
Download or read book The Law of Self-defense in North Carolina written by John Rubin and published by Unc School of Government. This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes North Carolina's criminal law on self-defense and other defenses involving defensive force, such as defense of others and defense of habitation. It explains the rules governing the use of defensive force and includes extensive citations to relevant North Carolina case law. The book also discusses issues that commonly arise in the trial of self-defense cases, including evidentiary issues, burdens of proof, and jury instructions.
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 2019 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 War and Self-Defense by : David Rodin
Download or read book War and Self-Defense written by David Rodin and published by Clarendon Press. This book was released on 2002-10-17 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.
