Rationale Based Defences In Criminal Law

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Rationale-Based Defences in Criminal Law

Author : Mark Dsouza
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902961
Total Pages : 345 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Rationale-Based Defences in Criminal Law by : Mark Dsouza

Download or read book Rationale-Based Defences in Criminal Law written by Mark Dsouza and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.

Rationale-Based Defences in Criminal Law

Author : Mark Dsouza
Publisher : Bloomsbury Publishing
ISBN 13 : 150990297X
Total Pages : 213 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Rationale-Based Defences in Criminal Law by : Mark Dsouza

Download or read book Rationale-Based Defences in Criminal Law written by Mark Dsouza and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.

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.

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.

Rethinking Self-Defence

Author : T Markus Funk
Publisher : Bloomsbury Publishing
ISBN 13 : 1509934170
Total Pages : 305 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Rethinking Self-Defence by : T Markus Funk

Download or read book Rethinking Self-Defence written by T Markus Funk and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - University of Oxford, 2019) issued under title: Questions of value: an evaluative study of self-defense theory and practice in Germany, England, and the United States.

Criminal Law & Criminal Justice

Author : Noel Cross
Publisher : SAGE
ISBN 13 : 1446248194
Total Pages : 241 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis Criminal Law & Criminal Justice by : Noel Cross

Download or read book Criminal Law & Criminal Justice written by Noel Cross and published by SAGE. This book was released on 2009-12-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible text enables criminology and criminal justice students to understand and critically evaluate criminal law in the context of criminal justice and wider social issues. The book explains criminal law comprehensively, covering both general principles and specific types of criminal offences. It examines criminal law in its social context, as well as considering how it is used by the criminal justice processes and agencies which enforce it in practice. Covering all the different theoretical approaches that the student of criminology and criminal justice will need to understand, the book provides learning tools such as: -chapter objectives - making the structure of the book easy to follow for students -questions for discussion and student exercises - helping students to think critically about the ideas and concepts in each chapter, and to undertake further independent and reflective study -′definition boxes′ explaining key concepts - helping students who are not familiar with specialist criminal law terminology to understand what the key basic concepts in criminal law really mean in practice -a companion Website which incorporates a range of resources for lecturers and students.

Allowing for Exceptions

Author : Luís Duarte d'Almeida
Publisher : Oxford University Press (UK)
ISBN 13 : 0199685789
Total Pages : 321 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Allowing for Exceptions by : Luís Duarte d'Almeida

Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by Oxford University Press (UK). This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.

The African Court of Justice and Human and Peoples' Rights in Context

Author : Charles C. Jalloh
Publisher : Cambridge University Press
ISBN 13 : 110842273X
Total Pages : 1199 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The African Court of Justice and Human and Peoples' Rights in Context by : Charles C. Jalloh

Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Fundamentals of Criminal Law

Author : Andrew Simester
Publisher : Oxford University Press, USA
ISBN 13 : 0198853149
Total Pages : 537 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Fundamentals of Criminal Law by : Andrew Simester

Download or read book Fundamentals of Criminal Law written by Andrew Simester and published by Oxford University Press, USA. This book was released on 2021-02-04 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.

ABA Standards for Criminal Justice

Author : American Bar Association
Publisher :
ISBN 13 : 9781570737138
Total Pages : 151 pages
Book Rating : 4.7/5 (371 download)

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Book Synopsis ABA Standards for Criminal Justice by : American Bar Association

Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Offences and Defences

Author : John Gardner
Publisher : Oxford University Press, USA
ISBN 13 : 0199239355
Total Pages : 303 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Offences and Defences by : John Gardner

Download or read book Offences and Defences written by John Gardner and published by Oxford University Press, USA. This book was released on 2007-11-08 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A selection of some of the author's best-known and most provocative writings on criminal law. Although it discusses the legitimacy of criminal punishment, it proceeds on the footing that the criminal law does many important things apart from punishing people.

Self-Defence in Criminal Law

Author : Boaz Sangero
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312748
Total Pages : 394 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Self-Defence in Criminal Law by : Boaz Sangero

Download or read book Self-Defence in Criminal Law written by Boaz Sangero and published by Bloomsbury Publishing. This book was released on 2006-07-24 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.

Deserved Criminal Sentences

Author : Andreas von Hirsch
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902678
Total Pages : 217 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Deserved Criminal Sentences by : Andreas von Hirsch

Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

Core Concepts in Criminal Law and Criminal Justice

Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Defense Perspectives on International Criminal Justice

Author : Colleen Rohan
Publisher : Cambridge University Press
ISBN 13 : 1108161642
Total Pages : 629 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Defense Perspectives on International Criminal Justice by : Colleen Rohan

Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.

The Fundamental Concept of Crime in International Criminal Law

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
ISBN 13 : 3642282466
Total Pages : 311 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Fundamental Concept of Crime in International Criminal Law by : Iryna Marchuk

Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

NATO Rules of Engagement

Author : Camilla Guldahl Cooper
Publisher : BRILL
ISBN 13 : 9004401687
Total Pages : 498 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis NATO Rules of Engagement by : Camilla Guldahl Cooper

Download or read book NATO Rules of Engagement written by Camilla Guldahl Cooper and published by BRILL. This book was released on 2019-12-02 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment. Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.