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Author: Nathan Tamblyn
Publisher: Routledge
ISBN: 1351581449
Category : Law
Languages : en
Pages : 522
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Book Description
The language of duress and necessity is found in crime, tort and contract. This book explores those pleas, in both case law and theory, across the subject boundaries, and across jurisdictions. In doing so, it seeks to identify the lessons which each area of law can learn from the others, and to tease out common themes while demarcating important differences. The overall outcome is a law more coherent and understood in sharper detail. This book considers the law of England and Wales, Australia, New Zealand, Hong Kong and Canada, as well as the American tortious defence of necessity.
Author: Nathan Tamblyn
Publisher: Routledge
ISBN: 1351581449
Category : Law
Languages : en
Pages : 522
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Book Description
The language of duress and necessity is found in crime, tort and contract. This book explores those pleas, in both case law and theory, across the subject boundaries, and across jurisdictions. In doing so, it seeks to identify the lessons which each area of law can learn from the others, and to tease out common themes while demarcating important differences. The overall outcome is a law more coherent and understood in sharper detail. This book considers the law of England and Wales, Australia, New Zealand, Hong Kong and Canada, as well as the American tortious defence of necessity.
Author: Nathee Vadtanakovint
Publisher:
ISBN:
Category : Duress (Law)
Languages : en
Pages : 116
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Book Description
Author: Arnold N. Enker
Publisher:
ISBN:
Category : Criminal law (Jewish law)
Languages : en
Pages : 256
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Book Description
Author: John Patrick Mee
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 450
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Book Description
Author: Eimear Spain
Publisher: Cambridge University Press
ISBN: 1139503103
Category : Law
Languages : en
Pages :
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Book Description
The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
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Book Description
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.
Author: Arnold H. Loewy
Publisher:
ISBN: 9780314585295
Category : Law
Languages : en
Pages : 388
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Book Description
Punishment; Homicides, Degrees of Homicide; Felony Murder; Causation; Assault; Battery; Mayhem; Rape; Statutory Rape; Kidnapping; Self-Defense; Retreat Rule; Imperfect Self-Defense; Defense of Others; Resisting Arrest; Protecting Property; Larceny; Embezzlement; False Pretenses: Forgery; Receiving Stolen Goods; Robbery; Extortion; Burglary; Arson; Mens Rea; Strict Liability; Mistake of Fact and Law; Actus Reus; Voluntariness; Omissions; Insanity; Different Tests for Insanity; Insanity vs. Automatism; Infancy; Intoxication; Duress; Necessity; Cruel and Unusual Punishment; Entrapment; Burden of Proof; Presumptions; Attempt; Attempt Mens Rea; Attempt Actus Reus; Abandonment; Solicitation; Vagrancy; Parties to Crime; Parties Actus Reus; Parties Mens Rea; Conspiracy; RICO; Vagueness; Ex-Post-Facto Laws; Common Law Crimes; Victimless Crimes.
Author: Robert F. Schopp
Publisher: Cambridge University Press
ISBN: 0521622115
Category : Law
Languages : en
Pages : 224
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Book Description
This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.
Author: Penny Crofts
Publisher: Routledge
ISBN: 1136703128
Category : History
Languages : en
Pages : 321
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Book Description
The criminal legal system defines and authoritatively enacts the boundaries of permissible and impermissible behaviour, with a focus on that which is prohibited or transgressive. Wickedness and Crime: Laws of Homicide and Malice seeks to expose the ways in which criminal law communicates and sanctions particular models of wickedness. This book illuminates the intimate relationship of crime and definitions of wrongdoing. A central contention of the book is that if a criminal legal system empty of normative content is undesirable and implausible, then we must think critically about the types of models of wickedness that are communicated by criminal legal doctrine. Through historical and contemporary analysis of the legal concept of malice, Penny Crofts examines the types of models of wickedness that are established through criminal legal doctrine. The book draws upon literature, philosophy and jurisprudence to place wickedness at the centre of an account of criminal law. Arguing that the current dominant idea of wickedness communicated in criminal law lacks nuance and clarity, this book examines the implications in terms of the legal subject, social responsibility and the jurisdiction of the legal system. Through historical accounts of malice the book provides resources to enrich a contemporary jurisprudence of blaming. A fascinating contribution to the study of law, this book will interest criminal legal scholars who seek a deeper understanding of the complexity of the relationship between law and morality. The book also provides a resource for legal theorists and philosophers of wickedness, supplying a sustained example and analysis of the implications of types of models of culpability.
Author: Fiona Leverick
Publisher: Oxford University Press, USA
ISBN: 019928346X
Category : Law
Languages : en
Pages : 246
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Book Description
In what circumstances should we be allowed to kill an intruder who breaks into our home? Should battered women be forgiven for killing their husbands? This book analyses the questions raised by the argument of self-defence, and offers a theoretical framework for understanding the defence in the context of human rights norms.
