The Structure And Limits Of Criminal Law

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The Structure and Limits of Criminal Law

Author : Paul H. Robinson
Publisher : Routledge
ISBN 13 : 1351540246
Total Pages : 1007 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis The Structure and Limits of Criminal Law by : Paul H. Robinson

Download or read book The Structure and Limits of Criminal Law written by Paul H. Robinson and published by Routledge. This book was released on 2017-10-23 with total page 1007 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a collection of essays, many of them scholarly classics, which form part of the debates on three questions central to criminal law theory. The first of these questions is: what conduct should be necessary for criminal liability, and what sufficient? The answer to this question has wider implications for the debate about morality enforcement given the concern that the "harm principle" may have collapsed under its own weight. Secondly, essays address the question of what culpability should be necessary for criminal liability, and what sufficient? Here, the battles continue over whether the formulation of doctrines - such as the insanity defense, criminal negligence, strict liability, and others - should ignore or minimize the extent of an offender's blameworthiness in the name of effective crime-control. Or, are methods of accommodating the tension now in sight? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure. The structure grown by the common law process competes not only with that of modern comprehensive codifications, such as the America Law Institute's Model Penal Code, but also with alternative structures imagined but not yet tried.

Philosophical Foundations of Criminal Law

Author : R. A. Duff
Publisher : OUP Oxford
ISBN 13 : 0191654698
Total Pages : 560 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Philosophical Foundations of Criminal Law by : R. A. Duff

Download or read book Philosophical Foundations of Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-24 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

The Boundaries of the Criminal Law

Author : R.A. Duff
Publisher : Oxford University Press
ISBN 13 : 0199600554
Total Pages : 278 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Boundaries of the Criminal Law by : R.A. Duff

Download or read book The Boundaries of the Criminal Law written by R.A. Duff and published by Oxford University Press. This book was released on 2010-11-11 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.

The Oxford Handbook of Philosophy of Criminal Law

Author : John Deigh
Publisher : Oxford University Press
ISBN 13 : 0195314859
Total Pages : 540 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Oxford Handbook of Philosophy of Criminal Law by : John Deigh

Download or read book The Oxford Handbook of Philosophy of Criminal Law written by John Deigh and published by Oxford University Press. This book was released on 2011-09-22 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.

Crimes, Harms, and Wrongs

Author : A P Simester
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317774
Total Pages : 238 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Crimes, Harms, and Wrongs by : A P Simester

Download or read book Crimes, Harms, and Wrongs written by A P Simester and published by Bloomsbury Publishing. This book was released on 2011-06-24 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak

Structure and Function in Criminal Law

Author : Paul H. Robinson
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198258865
Total Pages : 251 pages
Book Rating : 4.2/5 (588 download)

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Book Synopsis Structure and Function in Criminal Law by : Paul H. Robinson

Download or read book Structure and Function in Criminal Law written by Paul H. Robinson and published by Oxford University Press on Demand. This book was released on 1997 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice.In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample codes of criminal conduct and criminal adjudication which mark a real departure fromthe pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide.

The Handbook of Comparative Criminal Law

Author : Kevin Jon Heller
Publisher : Stanford University Press
ISBN 13 : 0804777292
Total Pages : 669 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Handbook of Comparative Criminal Law by : Kevin Jon Heller

Download or read book The Handbook of Comparative Criminal Law written by Kevin Jon Heller and published by Stanford University Press. This book was released on 2010-12-01 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.

The Structures of The Criminal Law

Author : R. A. Duff
Publisher : Oxford University Press
ISBN 13 : 0199644314
Total Pages : 244 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Structures of The Criminal Law by : R. A. Duff

Download or read book The Structures of The Criminal Law written by R. A. Duff and published by Oxford University Press. This book was released on 2011 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is concerned with three structures of criminal law: the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.

Modern Control Theory and the Limits of Criminal Justice

Author : Michael R. Gottfredson
Publisher : Oxford University Press
ISBN 13 : 0190069805
Total Pages : 297 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Modern Control Theory and the Limits of Criminal Justice by : Michael R. Gottfredson

Download or read book Modern Control Theory and the Limits of Criminal Justice written by Michael R. Gottfredson and published by Oxford University Press. This book was released on 2020 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Control Theory and the Limits of the Criminal Justice develops and extends the theory of self control advanced in Gottfredson and Hirschi's classic work A General Theory of Crime. Since it was first published, their general theory has been among the most discussed and researched perspectives in criminology. This book critically reviews the evidence about the theory, contrasting it with alternative perspectives, and argues in favor of prevention efforts during early childhood to deal with the many problems facing the criminal justice system in America.

Criminal Law

Author : Markus Dubber
Publisher : Oxford University Press
ISBN 13 : 0199589607
Total Pages : 710 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Criminal Law by : Markus Dubber

Download or read book Criminal Law written by Markus Dubber and published by Oxford University Press. This book was released on 2014-03 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.

SOU-CCJ230 Introduction to the American Criminal Justice System

Author : Alison Burke
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:

Locking Up Our Own

Author : James Forman, Jr.
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374712905
Total Pages : 321 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis Locking Up Our Own by : James Forman, Jr.

Download or read book Locking Up Our Own written by James Forman, Jr. and published by Farrar, Straus and Giroux. This book was released on 2017-04-18 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER OF THE PULITZER PRIZE FOR GENERAL NON-FICTON ONE OF THE NEW YORK TIMES BOOK REVIEWS' 10 BEST BOOKS LONG-LISTED FOR THE NATIONAL BOOK AWARD FINALIST, CURRENT INTEREST CATEGORY, LOS ANGELES TIMES BOOK PRIZES "Locking Up Our Own is an engaging, insightful, and provocative reexamination of over-incarceration in the black community. James Forman Jr. carefully exposes the complexities of crime, criminal justice, and race. What he illuminates should not be ignored." —Bryan Stevenson, author of Just Mercy and founder of the Equal Justice Initiative "A beautiful book, written so well, that gives us the origins and consequences of where we are . . . I can see why [the Pulitzer prize] was awarded." —Trevor Noah, The Daily Show Former public defender James Forman, Jr. is a leading critic of mass incarceration and its disproportionate impact on people of color. In Locking Up Our Own, he seeks to understand the war on crime that began in the 1970s and why it was supported by many African American leaders in the nation’s urban centers. Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods. A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.

Criminal Justice

Author : Adam J. McKee
Publisher : Booklocker.com
ISBN 13 : 9781634912631
Total Pages : 188 pages
Book Rating : 4.9/5 (126 download)

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Book Synopsis Criminal Justice by : Adam J. McKee

Download or read book Criminal Justice written by Adam J. McKee and published by Booklocker.com. This book was released on 2016-03-20 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the criminal justice system of the United States. It is intended to provide the introductory student a concise yet balanced introduction to the workings of the legal system as well as policing, courts, corrections, and juvenile justice. Six chapters, each divided into five sections, provide the reader a consistent, comfortable format as well as providing the instructor with a consistent framework for ease of instructional design.

The Structure and Limits of Criminal Law

Author : Paul H. Robinson
Publisher :
ISBN 13 : 9781315085159
Total Pages : pages
Book Rating : 4.0/5 (851 download)

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Book Synopsis The Structure and Limits of Criminal Law by : Paul H. Robinson

Download or read book The Structure and Limits of Criminal Law written by Paul H. Robinson and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Introduction to Law

Author : Jaap Hage
Publisher : Springer
ISBN 13 : 3319572520
Total Pages : 396 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Introduction to Law by : Jaap Hage

Download or read book Introduction to Law written by Jaap Hage and published by Springer. This book was released on 2017-08-07 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.

The Upper Limit

Author : François Bonnet
Publisher : Univ of California Press
ISBN 13 : 0520973305
Total Pages : 198 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis The Upper Limit by : François Bonnet

Download or read book The Upper Limit written by François Bonnet and published by Univ of California Press. This book was released on 2019-08-27 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1993, crime in the United States has fallen to historic lows, seeming to legitimize the country’s mix of welfare reform and mass incarceration. The Upper Limit explains how this unusual mix came about, examining how, beginning in the 1970s, declining living standards for the poor have defined social and penal policy in the United States, making welfare more restrictive and punishment harsher. François Bonnet shows how low-wage work sets the upper limit of social and penal policy, where welfare must be less attractive than low-wage work and criminal life must be less attractive than welfare. In essence, the living standards of the lowest class of workers in a society determine the upper limit for the generosity of welfare and for the humanity of punishment in that society. The Upper Limit explores the local consequences of this punitive adjustment in East New York, a Brooklyn neighborhood where crime fell in the 1990s. Bonnet argues that no meaningful penal reform can happen unless living standards and the minimum wage rise again. Enlightening and provocative, The Upper Limit provides a comprehensive theory of the evolution of social and penal policy.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
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.