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Author: Stephen Shute
Publisher: Oxford University Press, USA
ISBN: 9780199243495
Category : Law
Languages : en
Pages : 356
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Book Description
Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 0521518776
Category : Law
Languages : en
Pages : 375
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Book Description
This book presents a comprehensive theory of a culpability-based criminal law.
Author: Stephen Shute
Publisher: Oxford University Press, USA
ISBN: 9780199243495
Category : Law
Languages : en
Pages : 356
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Book Description
Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.
Author: Michael S. Moore
Publisher:
ISBN: 0199599505
Category : Criminal act
Languages : en
Pages : 433
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Book Description
In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.
Author: A. P. Simester
Publisher: Hart Publishing Limited
ISBN: 9781841133645
Category : Criminal law
Languages : en
Pages : 0
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Book Description
Aimed at undergraduate law students seeking a firm grasp of doctrine and principle, this text combines theoretical precision and depth with a detailed exposition of the law.
Author: A P Simester
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 776
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Book Description
The book offers a sophisticated account of English criminal law combining theoretical precision and depth with an authoritative exposition of the law.
Author: Francois Tanguay-Renaud
Publisher: Bloomsbury Publishing
ISBN: 1847319041
Category : Law
Languages : en
Pages : 334
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Book Description
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
Author: William Wilson
Publisher: Longman Publishing Group
ISBN:
Category : Law
Languages : en
Pages : 682
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Book Description
This text provides a substantial survey of criminal law, covering key topic areas as well as extensive analysis and evaluation. It emphasizes the dynamic nature of the law and the reasoning and rationale behind judges' interpretations.
Author: Michael S. Moore
Publisher:
ISBN: 0199599491
Category : Criminal law
Languages : en
Pages : 873
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Book Description
This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.
Author: A P Simester
Publisher: Hart Publishing
ISBN: 9781841139227
Category : Law
Languages : en
Pages : 0
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Book Description
“We wanted to write a text on the substantive criminal law which has depth as well as breadth, a book that takes the detail seriously as well as the underlying principles. Our aim was to show the criminal law as a process of argument, not simplistic answers - to write a book that can be read, not merely consulted.” Professor Andrew Simester and Professor Bob Sullivan. This is the fourth edition of the leading textbook on criminal law by Professors Simester and Sullivan. Established as an outstanding modern account of English criminal law, it combines detailed, authoritative exposition of the law with careful exploration of its theoretical underpinnings. It is designed for use in undergraduate teaching, and previous editions have proved very popular with recent cohorts of students. The book has also established itself as a major point of reference in academic writing, here and abroad, and has been cited in appellate courts throughout the world, including the House of Lords, the High Court of Australia, the Supreme Court of Canada, and the Special Tribunal for the former Yugoslavia. This edition features coverage of major new developments including: the Serious Crime Act 2007; the Criminal Justice and Immigration Act 2008 provisions on self-defence and sentencing; the Corporate Manslaughter and Homicide Act 2007; and The Coroners and Criminal Justice Act 2009, including full treatment of the new law on provocation and diminished responsibility brought in by this Act. There is also a discussion of recent homicide law reform initiatives and of reform proposals in conspiracy, attempts, and complicity law.
Author: Shin Matsuzawa
Publisher: Nomos Verlag
ISBN: 3748904754
Category : Law
Languages : en
Pages : 236
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Book Description
In dem Band wird erörtert, ob die Strafrechtstheorie (bzw. die allgemeine Rechtstheorie) als ein Zweig der Wissenschaft angesehen werden kann. Dabei werden folgende Fragen behandelt: In welchem Sinne ist die Strafrechtslehre eine Form der Wissenschaft? Kann es systemische Entwicklungen in der Strafrechtstheorie geben? Die Frage nach dem Wesen der strafrechtlichen Erkenntnis ist eng verknüpft mit der Frage, was Rechtswissenschaft im Allgemeinen ausmacht. Eine Diskussion im Bereich des Strafrechts kann einen Beitrag zur allgemeinen Diskussion in der Rechtstheorie leisten und deutlich machen, wo die Strafrechtstheorie steht, wenn die juristische Forschung mit den Herausforderungen der Interdisziplinarität konfrontiert wird. Mit Beiträgen von Petter Asp, Thomas Elholm, Liang Genlin, Luís Greco, Eric Hilgendorf, Jørn Jacobsen, Heike Jung, Massimiliano Lanzi, Shin Matsuzawa, Kimmo Nuotio und Michael Pawlik.
