Author: Alan Reed
Publisher: Taylor & Francis
ISBN: 1000630528
Category : Law
Languages : en
Pages : 341
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Book Description
This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.
Author: Stanley Meng Heong Yeo
Publisher: Federation Press
ISBN: 9781862872752
Category : Law
Languages : en
Pages : 332
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Book Description
Yeo's work examines the laws of England, Australia and India pertaining to the fault elements required for the crimes of murder and manslaughter. It contends that the Indian laws are superior and suggests a set of draft provisions which could comprise a viable model for reform of the English and Australian laws. The work is directly relevant to issues being considered in the development of the Model Criminal Code.
Author: Mojeed Adekemi Odujirin
Publisher:
ISBN: 9780802081322
Category : Criminal law
Languages : en
Pages : 0
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Book Description
While a functional concept of crime under the common law has ancient roots, theoretical and doctrinal formulations emerged only in the 19th century. Here, scholar Adekemi Odujirin interweaves two narratives relating to crime--one contextual and functional, the other jurisprudential and theoretical. The result transcends traditional inquiry by identifying and exploring the normative conclusions embodied in the concept of crime.
Author: Tony Honoré
Publisher: Hart Publishing
ISBN: 1841130052
Category : Law
Languages : en
Pages : 172
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Book Description
Honore (formerly civil law, Oxford U.) develops themes implicit in his and Herbert Hart's 1985 Causation in the Law. In seven essays, he proposes a theory of outcome responsibility that finds intervening in the world to be sufficient to make someone responsible. To act and be responsible is to take risks, he says, so that responsibility can be a matter of luck rather than fault or merit. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Alan Reed
Publisher: Routledge
ISBN: 1351016296
Category : Law
Languages : en
Pages : 370
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Book Description
This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems’ approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Author: Peter Cane
Publisher:
ISBN: 9780511556630
Category : Accident law
Languages : en
Pages : 514
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Book Description
A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.
Author: Alan Reed
Publisher: Routledge
ISBN: 1317084004
Category : Social Science
Languages : en
Pages : 736
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Book Description
Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.
Author: Andrew Ashworth
Publisher: A&C Black
ISBN: 1782253424
Category : Law
Languages : en
Pages : 375
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Book Description
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
Author: Amy J. Sepinwall
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
There is in the criminal law perhaps no principle more canonical than the fault principle, which holds that one may be punished only where one is blameworthy, and one is blameworthy only where one is at fault. Courts, criminal law scholars, moral philosophers and textbook authors all take the fault principle to be the foundational requirement for a just criminal law. Indeed, perceived threats to the fault principle in the mid-Twentieth Century yielded no less an achievement than the drafting of the Model Penal Code, which had as its guiding purpose an effort to safeguard faultless conduct from criminal condemnation. Yet notwithstanding its pedigree and predominance, I believe that the fault principle is false: Fault is not in fact necessary for one to deserve blame and punishment. Instead, and as made plain by the broader account of guilt I shall articulate here, one can be blameworthy, and so deserve punishment, even if one committed no element of the crime, and merely because one bears a particular kind of relationship to the criminal. Just when and why relationships, rather than fault, ought to ground criminal liability is what I seek to elucidate here. To that end, the Article first interrogates the (very few) arguments made on behalf of the fault principle and finds these wanting. The Article then presents cases and examples that illustrate how it is that one could be blameworthy even though one is not at fault. Finally, the Article considers the criminal law implications for individuals who are blameworthy without fault, and it concludes that at least some of these individuals deserve prosecution and punishment. This conclusion should not only shift our thinking about the conceptual relationships between blame, fault, guilt, culpability and criminal liability. It should also awaken us to salutary practical possibilities. For the Article's account, we shall see, ultimately provides a way to prosecute individuals who are widely regarded as deserving criminal punishment (e.g., executives at banks responsible for the financial crisis) but whom the fault principle currently places outside of the criminal law's reach. [The Article's positive account begins in Part IV. Readers pressed for time might read the Introduction and then skip the arguments and preliminaries set forth in Parts I-III.].
Author: C.T. Sistare
Publisher: Springer Science & Business Media
ISBN: 9400924402
Category : Philosophy
Languages : en
Pages : 186
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Book Description
autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.