Offences and Defences PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Offences and Defences PDF full book. Access full book title Offences and Defences by John Gardner. Download full books in PDF and EPUB format.
Author: John Gardner
Publisher: OUP Oxford
ISBN: 0191566616
Category : Law
Languages : en
Pages : 304
Get Book
Book Description
John Gardner's writings on the theory of criminal law have had a significant impact on the way that this subject is understood by legal scholars and philosophers. This book collects together a selection of his best-known and most provocative pieces. John Gardner tackles persistent and troublesome questions about the philosophical foundations of the criminal law. Which wrongs are suitable to be crimes and why? What are the conditions of criminal responsibility, and how do they relate to the conditions of moral responsibility? What does it take to be complicit in another's wrongdoing? Should crimes ever be excused, and if so, on what basis? How, if at all, should the criminal law adapt to conditions of social and cultural diversity? The issues raised in these essays have a significance extending beyond the law. What does it mean to be a responsible agent and why does it matter? Is my moral character only or mostly my own business? Is there a difference between being reasonable and being rational? These and many other moral problems lurk in the background of the criminal law, and the pieces in this book bring them into the foreground. Theoretical writings on the criminal law have often been dominated by a preoccupation with the justification of criminal punishment. This work is different. 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. In particular, Gardner argues that the criminal law provides an important forum for people to explain themselves. Such a forum would be important, argues Gardner, even if criminal punishment were to be abolished.
Author: John Gardner
Publisher: OUP Oxford
ISBN: 0191566616
Category : Law
Languages : en
Pages : 304
Get Book
Book Description
John Gardner's writings on the theory of criminal law have had a significant impact on the way that this subject is understood by legal scholars and philosophers. This book collects together a selection of his best-known and most provocative pieces. John Gardner tackles persistent and troublesome questions about the philosophical foundations of the criminal law. Which wrongs are suitable to be crimes and why? What are the conditions of criminal responsibility, and how do they relate to the conditions of moral responsibility? What does it take to be complicit in another's wrongdoing? Should crimes ever be excused, and if so, on what basis? How, if at all, should the criminal law adapt to conditions of social and cultural diversity? The issues raised in these essays have a significance extending beyond the law. What does it mean to be a responsible agent and why does it matter? Is my moral character only or mostly my own business? Is there a difference between being reasonable and being rational? These and many other moral problems lurk in the background of the criminal law, and the pieces in this book bring them into the foreground. Theoretical writings on the criminal law have often been dominated by a preoccupation with the justification of criminal punishment. This work is different. 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. In particular, Gardner argues that the criminal law provides an important forum for people to explain themselves. Such a forum would be important, argues Gardner, even if criminal punishment were to be abolished.
Author: Paul A. Fairall
Publisher:
ISBN: 9780409339062
Category : Criminal liability
Languages : en
Pages : 0
Get Book
Book Description
"[This book analyzes] the defences to criminal prosecutions both at common law and under statute in all jurisdictions of Australia. The various defences are described...together with the circumstances under which they can be raised and how several defences can be combined. The inter-relationship of the defences is also fully explored, with an eye to jurisdictional differences. It also includes additional analysis of Infanticide and Infancy as well as touching upon the Commonwealth Criminal Code."--
Author: Professor Alan Reed
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472433351
Category : Law
Languages : en
Pages : 361
Get Book
Book Description
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform.
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 1020
Get Book
Book Description
Author: Andrew Simester
Publisher: Oxford University Press, USA
ISBN: 0198853149
Category : Law
Languages : en
Pages : 537
Get Book
Book Description
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.
Author: Charles C. Jalloh
Publisher: Cambridge University Press
ISBN: 110842273X
Category : History
Languages : en
Pages : 1199
Get Book
Book Description
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.
Author: John Davison Lawson
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 1126
Get Book
Book Description
Author: Andrew Dyson
Publisher: Bloomsbury Publishing
ISBN: 1782255427
Category : Law
Languages : en
Pages : 452
Get Book
Book Description
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Author: R A Duff
Publisher: Bloomsbury Publishing
ISBN: 1847317170
Category : Law
Languages : en
Pages : 342
Get Book
Book Description
In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.
Author: Great Britain. Law Commission
Publisher:
ISBN:
Category : Defense (Criminal procedure)
Languages : en
Pages : 62
Get Book
Book Description
