Symposium On Culpability And The Law

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Fair Opportunity and Responsibility

Author : David O. Brink
Publisher : Oxford University Press
ISBN 13 : 0192603191
Total Pages : 360 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Fair Opportunity and Responsibility by : David O. Brink

Download or read book Fair Opportunity and Responsibility written by David O. Brink and published by Oxford University Press. This book was released on 2021-06-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a prior and independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. As a result, we can study responsibility by understanding excuses. We excuse misconduct when an agent's capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities - normative competence - and a fair opportunity to exercise these capacities free from undue interference - situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.

Justice in Extreme Cases

Author : Darryl Robinson
Publisher : Cambridge University Press
ISBN 13 : 1009028286
Total Pages : 327 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Justice in Extreme Cases by : Darryl Robinson

Download or read book Justice in Extreme Cases written by Darryl Robinson and published by Cambridge University Press. This book was released on 2020-12-17 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.

Affective Justice

Author : Kamari Maxine Clarke
Publisher : Duke University Press
ISBN 13 : 1478007389
Total Pages : 220 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Affective Justice by : Kamari Maxine Clarke

Download or read book Affective Justice written by Kamari Maxine Clarke and published by Duke University Press. This book was released on 2019-11-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Criminally Ignorant

Author : Alexander Sarch
Publisher :
ISBN 13 : 0190056576
Total Pages : 297 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Criminally Ignorant by : Alexander Sarch

Download or read book Criminally Ignorant written by Alexander Sarch and published by . This book was released on 2019 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for change.

A Duty to Prevent Genocide

Author : John Heieck
Publisher : Edward Elgar Publishing
ISBN 13 : 1788117719
Total Pages : 261 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis A Duty to Prevent Genocide by : John Heieck

Download or read book A Duty to Prevent Genocide written by John Heieck and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.

The Legal Legacy of the Special Court for Sierra Leone

Author : Charles Jalloh
Publisher : Cambridge University Press
ISBN 13 : 1107178312
Total Pages : 423 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Legal Legacy of the Special Court for Sierra Leone by : Charles Jalloh

Download or read book The Legal Legacy of the Special Court for Sierra Leone written by Charles Jalloh and published by Cambridge University Press. This book was released on 2020-07-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.

International Law's Invisible Frames

Author : Andrea Bianchi
Publisher : Oxford University Press
ISBN 13 : 0192847538
Total Pages : 337 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis International Law's Invisible Frames by : Andrea Bianchi

Download or read book International Law's Invisible Frames written by Andrea Bianchi and published by Oxford University Press. This book was released on 2021 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.

Complicity in International Law

Author : Miles Jackson
Publisher : Oxford University Press, USA
ISBN 13 : 0198736932
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Complicity in International Law by : Miles Jackson

Download or read book Complicity in International Law written by Miles Jackson and published by Oxford University Press, USA. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.

Privilege or Punish

Author : Dan Markel
Publisher : Oxford University Press
ISBN 13 : 0199745129
Total Pages : 252 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Privilege or Punish by : Dan Markel

Download or read book Privilege or Punish written by Dan Markel and published by Oxford University Press. This book was released on 2009-04-20 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities. Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.

Crime and Culpability

Author : Larry Alexander
Publisher : Cambridge University Press
ISBN 13 : 0521518776
Total Pages : 375 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Crime and Culpability by : Larry Alexander

Download or read book Crime and Culpability written by Larry Alexander and published by Cambridge University Press. This book was released on 2009-03-23 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive theory of a culpability-based criminal law.

States of Justice

Author : Oumar Ba
Publisher : Cambridge University Press
ISBN 13 : 1108806082
Total Pages : 207 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis States of Justice by : Oumar Ba

Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Jury and the Defense of Insanity

Author : Rita J. Simon
Publisher : Routledge
ISBN 13 : 1351309706
Total Pages : 338 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Jury and the Defense of Insanity by : Rita J. Simon

Download or read book Jury and the Defense of Insanity written by Rita J. Simon and published by Routledge. This book was released on 2018-01-16 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years after it was first published, the issues raised in The Jury and the Defense of Insanity remain pertinent. Rita James Simon examines how motivated and competent juries are, how well jurors understand and follow judges' instructions, their understand-ing of expert testimony, and the extent to which their own backgrounds and experiences influence their decisions. Simon provides a rare opportunity to observe how jurors go about the process of deliberating and reaching a verdict by following them into the jury room and recording their deliberations. This pathbreaking study of jury room behavior provides compelling evidence of the effectiveness of our trial by jury system. The Jury and the Defense of Insanity was the product of an experimental study con-ducted as part of the University of Chicago Jury Project. Over 1,000 jurors were chosen to participate, not as volunteers, but as part of their regular jury duty, in two experimental trials, one on a charge of housebreaking, the other of incest. In each the insanity de-fense was raised. Court judges instructed the jurors to consider the recorded trials they were about to hear with all the care and seriousness they would give to a real criminal prosecution, and the taped recordings of their deliberations make it clear that they did just that. These recordings, along with responses to detailed questionnaires, yielded significant data, equally applicable to civil as to criminal cases. We learn their reactions to their fellow jurors; personal evaluations of the quality and effectiveness of delibera-tions; the degree to which religion, sex, social status, education, and like factors affect participation in and influence on the course of the deliberation; and the recounting of and reliance upon personal experience in seeking to reach a verdict, among other in-sights furnished by this study. This is an exact record not a description or recollected account of the struggle of a jury to weigh evidence and achieve a just verdict. For lawyers whose job it is to win civil and criminal cases, for behavioral scientists who study male and female reactions in their cultural environment to the circumstances that confront them, and to all who are interested in how people behave and why, in a dramatic, socially significant situation, this is a fascinating and revealing book.

Killing in War

Author : Jeff McMahan
Publisher : OUP Oxford
ISBN 13 : 0191563463
Total Pages : 264 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Killing in War by : Jeff McMahan

Download or read book Killing in War written by Jeff McMahan and published by OUP Oxford. This book was released on 2009-04-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.

Act and Crime

Author : Michael S. Moore
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.

The Holocaust, Corporations, and the Law

Author : Leora Yedida Bilsky
Publisher : University of Michigan Press
ISBN 13 : 0472123092
Total Pages : 253 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis The Holocaust, Corporations, and the Law by : Leora Yedida Bilsky

Download or read book The Holocaust, Corporations, and the Law written by Leora Yedida Bilsky and published by University of Michigan Press. This book was released on 2017-09-12 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history. Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.

Law and Popular Culture

Author : Michael Asimow
Publisher : Peter Lang
ISBN 13 : 9780820458151
Total Pages : 308 pages
Book Rating : 4.4/5 (581 download)

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Book Synopsis Law and Popular Culture by : Michael Asimow

Download or read book Law and Popular Culture written by Michael Asimow and published by Peter Lang. This book was released on 2004 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between law and popular culture, two subjects of enormous current importance and influence. Exploring how they affect each other, each chapter discusses a legally themed film or television show, such as Philadelphia or Dead Man Walking, and treats it as both a cultural and a legal text, illustrating how popular culture both constructs our perceptions of law, and changes the way that players in the legal system behave. Written without theoretical jargon, Law and Popular Culture: A Course Book is intended for use in undergraduate or graduate courses and can be taught by anyone who enjoys pop culture and is interested in law.

Women, Law and Culture

Author : Jocelynne A. Scutt
Publisher : Springer
ISBN 13 : 3319449389
Total Pages : 325 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Women, Law and Culture by : Jocelynne A. Scutt

Download or read book Women, Law and Culture written by Jocelynne A. Scutt and published by Springer. This book was released on 2017-02-17 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores cultural constructs, societal demands and political and philosophical underpinnings that position women in the world. It illustrates the way culture controls women's place in the world and how cultural constraints are not limited to any one culture, country, ethnicity, race, class or status. Written by scholars from a wide range of specialists in law, sociology, anthropology, popular and cultural studies, history, communications, film and sex and gender, this study provides an authoritative take on different cultures, cultural demands and constraints, contradictions and requirements for conformity generating conflict. Women, Law and Culture is distinctive because it recognises that no particular culture singles out women for 'special' treatment, rules and requirements; rather, all do. Highlighting the way law and culture are intimately intertwined, impacting on women – whatever their country and social and economic status – this book will be of great interest to scholars of law, women’s and gender studies and media studies.