The Matrix of Derivative Criminal Liability

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3642281052
Total Pages : 325 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Matrix of Derivative Criminal Liability by : Gabriel Hallevy

Download or read book The Matrix of Derivative Criminal Liability written by Gabriel Hallevy and published by Springer Science & Business Media. This book was released on 2012-04-23 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derivative criminal liability includes inchoate offenses (criminal attempt, conspiracy, preparatory offenses, etc.), complicity (joint perpetration, perpetration through another, incitement, solicitation, accessoryship, etc.), organized crime, natural and probable consequences liability, post-crime aid, enterprise liability, terrorism and terrorist infrastructure, and many more forms of criminal liability, clearly making it a major pillar of modern criminal law. Although derivative criminal liability affects countries worldwide, there is still no general legal theory that covers this issue. The objective of the present book is to develop a comprehensive, general, legally sophisticated, and at the same time practical theory of derivative criminal liability. The book emphasizes the practicality of the theory to enable courts, lawyers, legislators, attorneys, students, and academics to apply it in their daily professional occupations.

The Matrix of Insanity in Modern Criminal Law

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Author :
Publisher : Springer
ISBN 13 : 3319205978
Total Pages : 212 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Matrix of Insanity in Modern Criminal Law by : Gabriel Hallevy

Download or read book The Matrix of Insanity in Modern Criminal Law written by Gabriel Hallevy and published by Springer. This book was released on 2015-06-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.

A Theory of Punishable Participation in Universal Crimes

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Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283481282
Total Pages : 744 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis A Theory of Punishable Participation in Universal Crimes by : Terje Einarsen

Download or read book A Theory of Punishable Participation in Universal Crimes written by Terje Einarsen and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-12-07 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

Liability for Crimes Involving Artificial Intelligence Systems

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Author :
Publisher : Springer
ISBN 13 : 3319101242
Total Pages : 262 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Liability for Crimes Involving Artificial Intelligence Systems by : Gabriel Hallevy

Download or read book Liability for Crimes Involving Artificial Intelligence Systems written by Gabriel Hallevy and published by Springer. This book was released on 2014-11-06 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book develops a general legal theory concerning the liability for offenses involving artificial intelligence systems. The involvement of the artificial intelligence systems in these offenses may be as perpetrators, accomplices or mere instruments. The general legal theory proposed in this book is based on the current criminal law in most modern legal systems. In most modern countries, unmanned vehicles, sophisticated surgical systems, industrial computing systems, trading algorithms and other artificial intelligence systems are commonly used for both industrial and personal purposes. The question of legal liability arises when something goes wrong, e.g. the unmanned vehicle is involved in a car accident, the surgical system is involved in a surgical error or the trading algorithm is involved in fraud, etc. Who is to be held liable for these offenses: the manufacturer, the programmer, the user, or, perhaps, the artificial intelligence system itself? The concept of liability for crimes involving artificial intelligence systems has not yet been widely researched. Advanced technologies are forcing society to face new challenges, both technical and legal. The idea of liability in the specific context of artificial intelligence systems is one such challenge that should be thoroughly explored.

The Oxford Handbook of Criminal Law

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Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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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.

Legal Aspects of Autonomous Systems

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Author :
Publisher : Springer Nature
ISBN 13 : 3031479467
Total Pages : 381 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Legal Aspects of Autonomous Systems by : Dário Moura Vicente

Download or read book Legal Aspects of Autonomous Systems written by Dário Moura Vicente and published by Springer Nature. This book was released on 2024-01-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: As computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena. The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard. Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes. Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors. The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.

The Right to Be Punished

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 364232388X
Total Pages : 249 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis The Right to Be Punished by : Gabriel Hallevy

Download or read book The Right to Be Punished written by Gabriel Hallevy and published by Springer Science & Business Media. This book was released on 2012-10-12 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

AI Approaches to the Complexity of Legal Systems

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Publisher : Springer
ISBN 13 : 3662459604
Total Pages : 300 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis AI Approaches to the Complexity of Legal Systems by : Pompeu Casanovas

Download or read book AI Approaches to the Complexity of Legal Systems written by Pompeu Casanovas and published by Springer. This book was released on 2014-12-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes revised selected papers from the two International Workshops on Artificial Intelligence Approaches to the Complexity of Legal Systems, AICOL IV and AICOL V, held in 2013. The first took place as part of the 26th IVR Congress in Belo Horizonte, Brazil, during July 21-27, 2013; the second was held in Bologna as a joint special workshop of JURIX 2013 on December 11, 2013. The 19 papers presented in this volume were carefully reviewed and selected for inclusion in this book. They are organized in topical sections named: social intelligence and legal conceptual models; legal theory, normative systems and software agents; semantic Web technologies, legal ontologies and argumentation; and crowdsourcing and online dispute resolution (ODR).

The Insanity Defense

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Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 466 pages
Book Rating : 4.2/5 (161 download)

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Book Synopsis The Insanity Defense by : Mark D. White

Download or read book The Insanity Defense written by Mark D. White and published by Bloomsbury Publishing USA. This book was released on 2017-01-23 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: How often is the defense of insanity or temporary insanity for accused criminals valid—or is it ever legitimate? This unique work presents multidisciplinary viewpoints that explain, support, and critique the insanity defense as it stands. What is the role of "the insanity defense" as a legal excuse? How does U.S. law handle criminal trials where the defendant pleads insanity, and how does our legal system's treatment differ from those of other countries or cultures? How are insanity defenses used, and how successful are these defenses for the accused? What are the costs of incarceration versus psychiatric treatment and confinement? This book presents a range of expert viewpoints on the insanity defense, exposing common myths; investigating its effectiveness and place in our legal system through history, case studies, and comparative analysis; and supplying perspectives from the disciplines of psychology, psychiatry, sociology, and neuroscience. The content also addresses the ramifications of declaring citizens insane or incapacitated and examines trials that involved pleas of insanity and temporary insanity.

When Robots Kill

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Publisher : UPNE
ISBN 13 : 1555538061
Total Pages : 266 pages
Book Rating : 4.5/5 (555 download)

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Book Synopsis When Robots Kill by : Gabriel Hallevy

Download or read book When Robots Kill written by Gabriel Hallevy and published by UPNE. This book was released on 2013 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to develop standards for the criminal liability of artificial intelligence technologies

Presumption of Innocence in EU Anti-Cartel Enforcement

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Author :
Publisher : BRILL
ISBN 13 : 9004384650
Total Pages : 248 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Presumption of Innocence in EU Anti-Cartel Enforcement by : Aistė Mickonytė

Download or read book Presumption of Innocence in EU Anti-Cartel Enforcement written by Aistė Mickonytė and published by BRILL. This book was released on 2018-11-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this monograph, Aistė Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.

Rethinking Criminal Law

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Author :
Publisher :
ISBN 13 : 9780195136951
Total Pages : 930 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Rethinking Criminal Law by : George P. Fletcher

Download or read book Rethinking Criminal Law written by George P. Fletcher and published by . This book was released on 2000 with total page 930 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 OUP in three volumes, the first of which is scheduled to appear in January 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.

Guided by Voices

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Publisher : Oxford University Press
ISBN 13 : 0192633902
Total Pages : 240 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Guided by Voices by : Eric Wiland

Download or read book Guided by Voices written by Eric Wiland and published by Oxford University Press. This book was released on 2021-02-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: We often rely on others for guidance about what to do. But wouldn't it be better to rely instead on only your own solo judgment? Deferring to others about moral matters, after all, can seem to conflict what Enlightenment demands. In Guided by Voices, however, Eric Wiland argues that there is nothing especially bad about relying on others in forming your moral views. You may rely on others for forming your moral views, just as you can your views about anything else. You can accept moral testimony without loss. Furthermore, there are several distinctive social goods attainable by being guided by what others say. Thus, it can be better to be guided by moral testimony than by your own moral lights. Wiland also argues that relying on others for moral advice has one advantage over relying on others for moral testimony. For when you trust your adviser's advice, you both thereby form a joint agent that can achieve autonomy, moral understanding, and morally worthy action. Sometimes taking another's advice is your only way to act well. Arguing against the presumption that moral reasoning is ideally done alone, Guided by Voices is the first book to address moral testimony and advice.

Oxford Studies in Normative Ethics Volume 8

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Publisher : Oxford University Press
ISBN 13 : 0192563386
Total Pages : 314 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oxford Studies in Normative Ethics Volume 8 by : Mark C. Timmons

Download or read book Oxford Studies in Normative Ethics Volume 8 written by Mark C. Timmons and published by Oxford University Press. This book was released on 2018-10-04 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Normative Ethics is an annual forum for new work in normative ethical theory. Leading philosophers present original contributions to our understanding of a wide range of moral issues and positions, from analysis of competing approaches to normative ethics (including moral realism, constructivism, and expressivism) to questions of how we should act and live well. OSNE will be an essential resource for scholars and students working in moral philosophy.

Parental Liability in EU Competition Law

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Publisher : Oxford University Press
ISBN 13 : 0198844832
Total Pages : 625 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Parental Liability in EU Competition Law by : Peter Whelan

Download or read book Parental Liability in EU Competition Law written by Peter Whelan and published by Oxford University Press. This book was released on 2023-08-25 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.

Perpetrators and Accessories in International Criminal Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254099
Total Pages : 252 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Perpetrators and Accessories in International Criminal Law by : Neha Jain

Download or read book Perpetrators and Accessories in International Criminal Law written by Neha Jain and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

The Journal of Criminal Law & Criminology

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Author :
Publisher :
ISBN 13 :
Total Pages : 600 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis The Journal of Criminal Law & Criminology by :

Download or read book The Journal of Criminal Law & Criminology written by and published by . This book was released on 1985 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: