Author: Alan Norrie
Publisher: Cambridge University Press
ISBN: 9780521606011
Category : Law
Languages : en
Pages : 308
Book Description
This work provides a challenging approach to the study of criminal law, offering a critical introduction to the law's general principles and, in contrast to orthodox criminal law texts, emphasizes the tensions and contradictions that lie at their heart.
Crime, Reason and History
Author: Alan Norrie
Publisher: Cambridge University Press
ISBN: 9780521606011
Category : Law
Languages : en
Pages : 308
Book Description
This work provides a challenging approach to the study of criminal law, offering a critical introduction to the law's general principles and, in contrast to orthodox criminal law texts, emphasizes the tensions and contradictions that lie at their heart.
Publisher: Cambridge University Press
ISBN: 9780521606011
Category : Law
Languages : en
Pages : 308
Book Description
This work provides a challenging approach to the study of criminal law, offering a critical introduction to the law's general principles and, in contrast to orthodox criminal law texts, emphasizes the tensions and contradictions that lie at their heart.
Crime, Reason and History
Author: Alan Norrie
Publisher: Cambridge University Press
ISBN: 0521516463
Category : Law
Languages : en
Pages : 451
Book Description
This book provides a challenging, alternative, critical approach to every other text which deals with the criminal law's general principles.
Publisher: Cambridge University Press
ISBN: 0521516463
Category : Law
Languages : en
Pages : 451
Book Description
This book provides a challenging, alternative, critical approach to every other text which deals with the criminal law's general principles.
The Crime of Reason
Author: Robert B Laughlin
Publisher: Basic Books
ISBN: 0786726318
Category : Science
Languages : en
Pages : 194
Book Description
We all agree that the free flow of ideas is essential to creativity. And we like to believe that in our modern, technological world, information is more freely available and flows faster than ever before. But according to Nobel Laureate Robert Laughlin, acquiring information is becoming a danger or even a crime. Increasingly, the really valuable information is private property or a state secret, with the result that it is now easy for a flash of insight, entirely innocently, to infringe a patent or threaten national security. The public pays little attention because this vital information is "technical" -- but, Laughlin argues, information is often labeled technical so it can be sequestered, not sequestered because it's technical. The increasing restrictions on information in such fields as cryptography, biotechnology, and computer software design are creating a new Dark Age: a time characterized not by light and truth but by disinformation and ignorance. Thus we find ourselves dealing more and more with the Crime of Reason, the antisocial and sometimes outright illegal nature of certain intellectual activities. The Crime of Reason is a reader-friendly jeremiad, On Bullshit for the Slashdot and Creative Commons crowd: a short, fiercely argued essay on a problem of increasing concern to people at the frontiers of new ideas.
Publisher: Basic Books
ISBN: 0786726318
Category : Science
Languages : en
Pages : 194
Book Description
We all agree that the free flow of ideas is essential to creativity. And we like to believe that in our modern, technological world, information is more freely available and flows faster than ever before. But according to Nobel Laureate Robert Laughlin, acquiring information is becoming a danger or even a crime. Increasingly, the really valuable information is private property or a state secret, with the result that it is now easy for a flash of insight, entirely innocently, to infringe a patent or threaten national security. The public pays little attention because this vital information is "technical" -- but, Laughlin argues, information is often labeled technical so it can be sequestered, not sequestered because it's technical. The increasing restrictions on information in such fields as cryptography, biotechnology, and computer software design are creating a new Dark Age: a time characterized not by light and truth but by disinformation and ignorance. Thus we find ourselves dealing more and more with the Crime of Reason, the antisocial and sometimes outright illegal nature of certain intellectual activities. The Crime of Reason is a reader-friendly jeremiad, On Bullshit for the Slashdot and Creative Commons crowd: a short, fiercely argued essay on a problem of increasing concern to people at the frontiers of new ideas.
Manifest Madness
Author: Arlie Loughnan
Publisher: Oxford University Press, USA
ISBN: 0199698597
Category : Law
Languages : en
Pages : 307
Book Description
Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.
Publisher: Oxford University Press, USA
ISBN: 0199698597
Category : Law
Languages : en
Pages : 307
Book Description
Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.
Understanding Criminal Law
Author: Christopher M. V. Clarkson
Publisher: Sweet & Maxwell
ISBN: 9780421900905
Category : Law
Languages : en
Pages : 350
Book Description
This study seeks to present the key principles of criminal law in a comprehensive and readable style. Concentrating on the more theoretical issues, the main focus is on the general principles of criminal liability.
Publisher: Sweet & Maxwell
ISBN: 9780421900905
Category : Law
Languages : en
Pages : 350
Book Description
This study seeks to present the key principles of criminal law in a comprehensive and readable style. Concentrating on the more theoretical issues, the main focus is on the general principles of criminal liability.
Corporate Criminality and Liability for Fraud
Author: Alison Cronin
Publisher: Routledge
ISBN: 1351716840
Category : Business & Economics
Languages : en
Pages : 225
Book Description
Through a rational reconstruction of orthodox legal principles, and reference to cutting-edge neuro-science, this book reveals some startling truths about the criminal law, its history and the fundamental doctrines that underpin the attribution of criminal fault. While this has important implications for the criminal law generally, the focus of this work is the development of a theory of corporate criminality that accords with modern theory of group agency, itself informed by advancements in contemporary philosophy and social science. The innovation it proposes is the theoretical and practical means by which criminal fault can be attributed directly to the corporate actor, where liability cannot or should not be reduced to its individual members.
Publisher: Routledge
ISBN: 1351716840
Category : Business & Economics
Languages : en
Pages : 225
Book Description
Through a rational reconstruction of orthodox legal principles, and reference to cutting-edge neuro-science, this book reveals some startling truths about the criminal law, its history and the fundamental doctrines that underpin the attribution of criminal fault. While this has important implications for the criminal law generally, the focus of this work is the development of a theory of corporate criminality that accords with modern theory of group agency, itself informed by advancements in contemporary philosophy and social science. The innovation it proposes is the theoretical and practical means by which criminal fault can be attributed directly to the corporate actor, where liability cannot or should not be reduced to its individual members.
Central Issues in Criminal Theory
Author: William Wilson
Publisher: Bloomsbury Publishing
ISBN: 1847311334
Category : Law
Languages : en
Pages : 390
Book Description
Coercive rules and their implementation are,in liberal democratic societies at least, subject to ethical constraints. The state's moral authority requires these constraints to be both cogent and effectively realised in doctrine. In short, the enterprise of subjecting individuals to coercive rules must be consistent with the delivery of criminal justice. Contemporary criminal theory is much exercised by the apparent contradictions and ambiguities characterising criminal law doctrine. Is this an inevitable part of the territory leading us to question the very possibility of criminal law delivering justice? Or, as the author prefers, is criminal justice an achievement in which one of the tasks of criminal theory is to set goals and identify deficiencies in a constant effort to improve the form and content of rules and procedures? Informed by this premise the book explores some of the key questions in criminal theory, addressing first the ethics of criminalisation and punishment. It continues with an examination of the structure of criminal liability with its emphasis on separating consideration of the objective conditions of wrongdoing from the features which make a person responsible for it. Finally it examines attempts and accessoryship with a view to exploring the doctrinal tensions which may arise when competing justifications for criminalisation and punishment collide. The book gives an account of the present state of criminal theory in an accessible style which will welcomed by those embarking upon courses in advanced criminal law and criminal theory, teachers, and more generally by practitioners and scholars.
Publisher: Bloomsbury Publishing
ISBN: 1847311334
Category : Law
Languages : en
Pages : 390
Book Description
Coercive rules and their implementation are,in liberal democratic societies at least, subject to ethical constraints. The state's moral authority requires these constraints to be both cogent and effectively realised in doctrine. In short, the enterprise of subjecting individuals to coercive rules must be consistent with the delivery of criminal justice. Contemporary criminal theory is much exercised by the apparent contradictions and ambiguities characterising criminal law doctrine. Is this an inevitable part of the territory leading us to question the very possibility of criminal law delivering justice? Or, as the author prefers, is criminal justice an achievement in which one of the tasks of criminal theory is to set goals and identify deficiencies in a constant effort to improve the form and content of rules and procedures? Informed by this premise the book explores some of the key questions in criminal theory, addressing first the ethics of criminalisation and punishment. It continues with an examination of the structure of criminal liability with its emphasis on separating consideration of the objective conditions of wrongdoing from the features which make a person responsible for it. Finally it examines attempts and accessoryship with a view to exploring the doctrinal tensions which may arise when competing justifications for criminalisation and punishment collide. The book gives an account of the present state of criminal theory in an accessible style which will welcomed by those embarking upon courses in advanced criminal law and criminal theory, teachers, and more generally by practitioners and scholars.
History and Morality
Author: Donald Bloxham
Publisher: Oxford University Press
ISBN: 0192602322
Category : History
Languages : en
Pages : 407
Book Description
Against majority opinion within his profession, Donald Bloxham argues that it is legitimate, often unavoidable, and frequently important for historians to make value judgements about the past. History and Morality draws on a wide range of historical examples, and its author's insights as a practicing historian. Examining concepts like impartiality, neutrality, contextualisation, and the use and abuse of the idea of the past as a foreign country, Bloxham's book investigates how far tacit moral judgements infuse works of history, and how strange those histories would look if the judgements were removed. The author argues that rather than trying to eradicate all judgemental elements from their work, historians need to think more consistently about how, and with what justification, they make the judgements that they do. The importance of all this lies not just in the responsibilities that historians bear towards the past - responsibilities to take historical actors on those actors' own terms and to portray the impact of those actors' deeds - but also in the role of history as a source of identity, pride, and shame in the present. The account of moral thought in History and Morality has ramifications far beyond the activities of vocational historians.
Publisher: Oxford University Press
ISBN: 0192602322
Category : History
Languages : en
Pages : 407
Book Description
Against majority opinion within his profession, Donald Bloxham argues that it is legitimate, often unavoidable, and frequently important for historians to make value judgements about the past. History and Morality draws on a wide range of historical examples, and its author's insights as a practicing historian. Examining concepts like impartiality, neutrality, contextualisation, and the use and abuse of the idea of the past as a foreign country, Bloxham's book investigates how far tacit moral judgements infuse works of history, and how strange those histories would look if the judgements were removed. The author argues that rather than trying to eradicate all judgemental elements from their work, historians need to think more consistently about how, and with what justification, they make the judgements that they do. The importance of all this lies not just in the responsibilities that historians bear towards the past - responsibilities to take historical actors on those actors' own terms and to portray the impact of those actors' deeds - but also in the role of history as a source of identity, pride, and shame in the present. The account of moral thought in History and Morality has ramifications far beyond the activities of vocational historians.
Infanticide
Author: Rachel Dixon
Publisher: Routledge
ISBN: 1000474143
Category : History
Languages : en
Pages : 230
Book Description
Infanticide examines medical expert evidence in infanticide cases, focusing specifically on the shifting notion of "certainty" in medical testimony. Beginning in the Early Modern period and concluding in the mid-twentieth century, it considers how courts determined whether an infant died from natural causes or other reasons, including violence. The book explores expert evidence in cases of infanticide and examines the extent of certainty created by medical specialists who founded their testimony on anatomical exploration and science. As the book progresses, it becomes clear that medical specialists were unable to scientifically establish cause of death and in doing so conveyed uncertainty in court proceedings. Rather than being regarded as a professional failing, Dixon argues that the uncertainty created by medical specialists redirected the outcomes of infanticide cases. The combination of uncertainty and the changing perceptions of infanticidal women by the court lead juries to find infanticidal women not guilty of a capital offence in many cases. This book will be of great interest to students and scholars of Criminology, Law and History.
Publisher: Routledge
ISBN: 1000474143
Category : History
Languages : en
Pages : 230
Book Description
Infanticide examines medical expert evidence in infanticide cases, focusing specifically on the shifting notion of "certainty" in medical testimony. Beginning in the Early Modern period and concluding in the mid-twentieth century, it considers how courts determined whether an infant died from natural causes or other reasons, including violence. The book explores expert evidence in cases of infanticide and examines the extent of certainty created by medical specialists who founded their testimony on anatomical exploration and science. As the book progresses, it becomes clear that medical specialists were unable to scientifically establish cause of death and in doing so conveyed uncertainty in court proceedings. Rather than being regarded as a professional failing, Dixon argues that the uncertainty created by medical specialists redirected the outcomes of infanticide cases. The combination of uncertainty and the changing perceptions of infanticidal women by the court lead juries to find infanticidal women not guilty of a capital offence in many cases. This book will be of great interest to students and scholars of Criminology, Law and History.
Name, Shame and Blame
Author: Christine Stewart
Publisher: ANU Press
ISBN: 192502122X
Category : Social Science
Languages : en
Pages : 395
Book Description
Papua New Guinea is one of the many former British Commonwealth colonies which maintain the criminalisation of the sexual activities of two groups, despite the fact that the sex takes place between consenting adults in private: sellers of sex and males who have sex with males. The English common law system was imposed on the colonies with little regard for the social regulation and belief systems of the colonised, and in most instances, was retained and developed post-Independence, regardless of the infringements of human rights involved. Now the HIV pandemic has thrown a spotlight, not altogether welcome, on the sexual activities of these two groups. In Papua New Guinea, a growing body of behavioural research has focused on such matters as individual sexual partnering, condom use and awareness of HIV. My work, however, has a different purpose. I chose the terms in the title to highlight a nexus which I believe exists between the criminal law and negative attitudes of society. At an international level, the argument has been put that decriminalising sex work and sodomy will facilitate HIV epidemic management, reducing the stigma and discrimination these groups encounter and making them easier to reach. I undertook my research therefore with the aim of gaining deeper understanding of the effects the current situation of criminalisation might have on the social lives of these criminalised people today, in the country generally and in Port Moresby the capital in particular, and whether these effects might provide evidence to support the argument for law reform. This is a rich and well-researched study of the legal, social and moral issues surrounding the criminalisation of two forms of consensual sex…. A very impressive piece of work, it is extensively documented, relies on a wide range of material and makes a clear and coherent argument about the place of law in producing identities and exclusions…. The attention to change over time and the complexity of the ways in which sexual behaviour is enacted and punished is a particular strength of the book. —Professor Sally Engle Merry, Anthropology, Law and Society, New York University This book is an exceptional contribution to our knowledge of the nexus between the criminal law and negative attitudes of society, and what effects criminalization has on the social lives of prostitutes and males who have sex with males, and whether these effects might provide evidence to support the argument for law reform…. The author’s experience of Papua New Guinea allows her to comment in depth on such matters as the United Nations’ human rights approach to the HIV epidemic and their call to decriminalize all sexual acts between consenting adults…. She shows that criminal laws—with the help of the normative discourse of religion and media—underpin and legitimize high levels of stigma, discrimination and abuse of prostitutes and males who have sex with males…. The quality of the writing and general presentation are exceptional. —Laura Zimmer-Tamakoshi, Truman State University (retired)
Publisher: ANU Press
ISBN: 192502122X
Category : Social Science
Languages : en
Pages : 395
Book Description
Papua New Guinea is one of the many former British Commonwealth colonies which maintain the criminalisation of the sexual activities of two groups, despite the fact that the sex takes place between consenting adults in private: sellers of sex and males who have sex with males. The English common law system was imposed on the colonies with little regard for the social regulation and belief systems of the colonised, and in most instances, was retained and developed post-Independence, regardless of the infringements of human rights involved. Now the HIV pandemic has thrown a spotlight, not altogether welcome, on the sexual activities of these two groups. In Papua New Guinea, a growing body of behavioural research has focused on such matters as individual sexual partnering, condom use and awareness of HIV. My work, however, has a different purpose. I chose the terms in the title to highlight a nexus which I believe exists between the criminal law and negative attitudes of society. At an international level, the argument has been put that decriminalising sex work and sodomy will facilitate HIV epidemic management, reducing the stigma and discrimination these groups encounter and making them easier to reach. I undertook my research therefore with the aim of gaining deeper understanding of the effects the current situation of criminalisation might have on the social lives of these criminalised people today, in the country generally and in Port Moresby the capital in particular, and whether these effects might provide evidence to support the argument for law reform. This is a rich and well-researched study of the legal, social and moral issues surrounding the criminalisation of two forms of consensual sex…. A very impressive piece of work, it is extensively documented, relies on a wide range of material and makes a clear and coherent argument about the place of law in producing identities and exclusions…. The attention to change over time and the complexity of the ways in which sexual behaviour is enacted and punished is a particular strength of the book. —Professor Sally Engle Merry, Anthropology, Law and Society, New York University This book is an exceptional contribution to our knowledge of the nexus between the criminal law and negative attitudes of society, and what effects criminalization has on the social lives of prostitutes and males who have sex with males, and whether these effects might provide evidence to support the argument for law reform…. The author’s experience of Papua New Guinea allows her to comment in depth on such matters as the United Nations’ human rights approach to the HIV epidemic and their call to decriminalize all sexual acts between consenting adults…. She shows that criminal laws—with the help of the normative discourse of religion and media—underpin and legitimize high levels of stigma, discrimination and abuse of prostitutes and males who have sex with males…. The quality of the writing and general presentation are exceptional. —Laura Zimmer-Tamakoshi, Truman State University (retired)