The Age of Culpability

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Publisher : Oxford University Press
ISBN 13 : 019880332X
Total Pages : 252 pages
Book Rating : 4.1/5 (988 download)

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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: 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.

Crime, Punishment, and Responsibility

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Publisher : Oxford University Press
ISBN 13 : 0191621641
Total Pages : 408 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Crime, Punishment, and Responsibility by : Rowan Cruft

Download or read book Crime, Punishment, and Responsibility written by Rowan Cruft and published by Oxford University Press. This book was released on 2011-07-14 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

The Limits of Blame

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Publisher : Harvard University Press
ISBN 13 : 0674980778
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Limits of Blame by : Erin I. Kelly

Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Individual Criminal Liability for the International Crime of Aggression

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Publisher :
ISBN 13 :
Total Pages : 298 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Individual Criminal Liability for the International Crime of Aggression by : Gerhard Kemp

Download or read book Individual Criminal Liability for the International Crime of Aggression written by Gerhard Kemp and published by . This book was released on 2010 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a foreword by professor Christine Van den Wyngaert, Judge at the International Criminal Court. --Book Jacket.

Duty to Respond

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Publisher : Central European University Press
ISBN 13 : 6155053073
Total Pages : 228 pages
Book Rating : 4.1/5 (55 download)

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Book Synopsis Duty to Respond by : Nenad Dimitrijevi?

Download or read book Duty to Respond written by Nenad Dimitrijevi? and published by Central European University Press. This book was released on 2011-01-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of the book is responsibility for collective crime. Collective crime is an act committed by a significant number of the members of a group, in the name of all members of that group, with the support of the majority of group members, and against individuals targeted on the basis of their belonging to a different group.The central claim is that all members of the group in whose name collective crime is committed share responsibility for it. This book's special interest is with analytical and normative defense of arguments that purport to explain reasons for, and the character of, responsibility of decent people. Those who did not intend, support, or committed wrong, are still accountable in a non-vicarious manner. The basis of their responsibility is the crime-specific relationship between group identity and personal identity.

The International Criminal Responsibility of War's Funders and Profiteers

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Publisher : Cambridge University Press
ISBN 13 : 1108651208
Total Pages : 571 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The International Criminal Responsibility of War's Funders and Profiteers by : Nina H. B. Jørgensen

Download or read book The International Criminal Responsibility of War's Funders and Profiteers written by Nina H. B. Jørgensen and published by Cambridge University Press. This book was released on 2020-09-17 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

Business Law I Essentials

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Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

In Search of Criminal Responsibility

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Publisher : Oxford University Press
ISBN 13 : 0199248206
Total Pages : 257 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis In Search of Criminal Responsibility by : Nicola Lacey

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.

Free Will, Responsibility, and Crime

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Publisher : Routledge
ISBN 13 : 1351251767
Total Pages : 188 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Free Will, Responsibility, and Crime by : Ken M. Levy

Download or read book Free Will, Responsibility, and Crime written by Ken M. Levy and published by Routledge. This book was released on 2019-08-28 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his book, philosopher and law professor Ken Levy explains why he agrees with most people, but not with most other philosophers, about free will and responsibility. Most people believe that we have both – that is, that our choices, decisions, and actions are neither determined nor undetermined but rather fully self-determined. By contrast, most philosophers understand just how difficult it is to defend this "metaphysical libertarian" position. So they tend to opt for two other theories: "responsibility skepticism" (which denies the very possibility of free will and responsibility) and "compatibilism" (which reduces free will and responsibility to properties that are compatible with determinism). In opposition to both of these theories, Levy explains how free will and responsibility are indeed metaphysically possible. But he also cautions against the dogma that metaphysical libertarianism is actually true, a widespread belief that continues to cause serious social, political, and legal harms. Levy’s book presents a crisp, tight, historically informed discussion, with fresh clarity, insight, and originality. It will become one of the definitive resources for students, academics, and general readers in this critical intersection among metaphysics, ethics, and criminal law. Key features: Presents a unique, qualified defense of "metaphysical libertarianism," the idea that our choices, decisions, and actions can be fully self-determined. Written clearly, accessibly, and with minimal jargon – rare for a book on the very difficult issues of free will and responsibility. Seamlessly connects philosophical, legal, psychological, and political issues. Will be provocative and insightful for professional philosophers, students, and non-philosophers.

Answering for Crime

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317170
Total Pages : 218 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Answering for Crime by : R A Duff

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 218 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.

Corporate Criminal Liability

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Publisher : Springer Science & Business Media
ISBN 13 : 940070674X
Total Pages : 401 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Corporate Criminal Liability by : Mark Pieth

Download or read book Corporate Criminal Liability written by Mark Pieth and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

SOU-CCJ230 Introduction to the American Criminal Justice System

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Publisher :
ISBN 13 : 9781636350684
Total Pages : pages
Book Rating : 4.3/5 (56 download)

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Book Synopsis SOU-CCJ230 Introduction to the American Criminal Justice System by : Alison Burke

Download or read book SOU-CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ethical Justice

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Publisher : Academic Press
ISBN 13 : 0124046460
Total Pages : 497 pages
Book Rating : 4.1/5 (24 download)

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Book Synopsis Ethical Justice by : Brent E. Turvey

Download or read book Ethical Justice written by Brent E. Turvey and published by Academic Press. This book was released on 2013-06-07 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook was developed from an idiom shared by the authors and contributors alike: ethics and ethical challenges are generally black and white - not gray. They are akin to the pregnant woman or the gunshot victim; one cannot be a little pregnant or a little shot. Consequently, professional conduct is either ethical or it is not. Unafraid to be the harbingers, Turvey and Crowder set forth the parameters of key ethical issues across the five pillars of the criminal justice system: law enforcement, corrections, courts, forensic science, and academia. It demonstrates how each pillar is dependent upon its professional membership, and also upon the supporting efforts of the other pillars - with respect to both character and culture.With contributions from case-working experts across the CJ spectrum, this text reveals hard-earned insights into issues that are often absent from textbooks born out of just theory and research. Part 1 examines ethic issues in academia, with chapters on ethics for CJ students, CJ educators, and ethics in CJ research. Part 2 examines ethical issues in law enforcement, with separate chapters on law enforcement administration and criminal investigations. Part 3 examines ethical issues in the forensic services, considering the separate roles of crime lab administration and evidence examination. Part 4 examines ethical issues in the courts, with chapters discussing the prosecution, the defense, and the judiciary. Part 5 examines ethical issues in corrections, separately considering corrections staff and treatment staff in a forensic setting. The text concludes with Part 6, which examines ethical issues in a broad professional sense with respect to professional organizations and whistleblowers.Ethical Justice: Applied Issues for Criminal Justice Students and Professionals is intended for use as a textbook at the college and university, by undergraduate students enrolled in a program related to any of the CJ professions. It is intended to guide them through the real-world issues that they will encounter in both the classroom and in the professional community. However, it can also serve as an important reference manual for the CJ professional that may work in a community that lacks ethical mentoring or leadership. - First of its kind overview of the five pillars of criminal justice: academia, law enforcement, forensic services, courts and corrections - Written by practicing criminal justice professionals, from across every pillar - Offers a realistic overview of ethical issues confronted by criminals justice students and professionals - Examines sensitive subjects often ignored in other criminal justice ethics texts - Numerous cases examples in each chapter to facilitate instruction and learning

Act and Crime

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Publisher :
ISBN 13 : 0199599505
Total Pages : 433 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Act and Crime by : Michael S. Moore

Download or read book Act and Crime written by Michael S. Moore and published by . This book was released on 2010 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.

Regulating Corporate Criminal Liability

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Publisher : Springer
ISBN 13 : 3319059939
Total Pages : 352 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Regulating Corporate Criminal Liability by : Dominik Brodowski

Download or read book Regulating Corporate Criminal Liability written by Dominik Brodowski and published by Springer. This book was released on 2014-06-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.

On Crime, Society, and Responsibility in the work of Nicola Lacey

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Publisher : Oxford University Press
ISBN 13 : 0192594060
Total Pages : 288 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis On Crime, Society, and Responsibility in the work of Nicola Lacey by : Iyiola Solanke

Download or read book On Crime, Society, and Responsibility in the work of Nicola Lacey written by Iyiola Solanke and published by Oxford University Press. This book was released on 2021-03-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few contemporary scholars have done more in their work to develop the idea of responsibility than Nicola Lacey. She ranks alongside thinkers and writers such as HLA Hart and Antony Honoré in developing approaches to understanding responsibility. Like these authors, the influence of her work has spread beyond academia to change the perception of responsibility amongst practitioners. Both Hart and Honoré have during their lifetime had volumes dedicated to their work. This book does the same for Nicola Lacey, marking her ongoing influence and accomplishments in the common law world through a collection of essays by leading international scholars reflecting and interrogating her contribution to understanding criminal responsibility. Additionally, the book aims to promote the best legal scholarship on responsibility in the common law world and inspire the brightest legal scholars through a collection of essays designed to mark Professor Lacey's ongoing contribution to the understanding of criminal responsibility. The role of Professor Lacey's work in this area (as well as others) cannot be overlooked: her scholarship includes not only a prize-winning biography of HLA Hart himself but numerous articles and tomes on the subject, culminating with her most recent work In Search of Criminal Responsibility: Ideas, Interests, and Institutions (OUP 2016). This Festschrift, one of few common law publications to pay homage to the erudition of a female jurist, can be seen as a continuation of the themes in this book via reflection and interrogation of her work by leading scholars on the topic. The Festschrift will therefore not only be a celebration of her work but also an attempt to take forward intellectual engagement with the topic of responsibility by continued engagement with her ideas. Each author brings new ideas to bear on her work, touching upon important aspects of responsibility that are current in the scholarship: categorization, frameworks for understanding criminal responsibility and the relationships between them, women in criminal law, the history of criminal law, blameworthiness and ascriptions of responsibility, moral responsibility, the role of politics and political economy. Nicola Lacey is a School Professor of Law, Gender, and Social Policy. From 1998 to 2010 she held a Chair in Criminal Law and Legal Theory at the LSE; she returned to the LSE in 2013 after spending three years as Senior Research Fellow at All Souls College, and Professor of Criminal Law and Legal Theory at the University of Oxford. She has held a number of visiting appointments, most recently at Harvard Law School and the Australian National University. She is an Honorary Fellow of New College Oxford and University College Oxford; and a Fellow of the British Academy. In 2011 she was awarded the Hans Sigrist Prize by the University of Bern for outstanding scholarship on the function of the rule of law in late modern societies; and in 2018, an Honorary Doctorate by the University of Edinburgh. In 2017 she was awarded a CBE for services to Law, Justice, and Gender Politics.

Introduction to Epilepsy

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Publisher : Cambridge University Press
ISBN 13 : 0521691583
Total Pages : 641 pages
Book Rating : 4.5/5 (216 download)

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Book Synopsis Introduction to Epilepsy by : Gonzalo Alarcón

Download or read book Introduction to Epilepsy written by Gonzalo Alarcón and published by Cambridge University Press. This book was released on 2012-04-26 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers all aspects of epilepsy, from basic mechanisms to diagnosis and management, as well as legal and social considerations.