A Modern Treatise on the Law of Criminal Complicity PDF Download
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Author: Keith John Michael Smith
Publisher: Oxford University Press, USA
ISBN: 9780198252382
Category : Accomplices
Languages : en
Pages : 277
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Book Description
Complicity is both structurally and conceptually a complex area of criminal law. This book seeks to explore and articulate complicity's theoretical foundations as a relatively self-contained criminalizing mechanism and to review its coherence within more general criminal law theory. Although the study's principal focus is English law, American and Commonwealth jurisdictions figure prominently to facilitate and inform discussion. This book will be of interest to criminal lawyers, both practioners and academics, as well as to students and scholars of criminal law.
Author: Keith John Michael Smith
Publisher: Oxford University Press, USA
ISBN: 9780198252382
Category : Accomplices
Languages : en
Pages : 277
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Book Description
Complicity is both structurally and conceptually a complex area of criminal law. This book seeks to explore and articulate complicity's theoretical foundations as a relatively self-contained criminalizing mechanism and to review its coherence within more general criminal law theory. Although the study's principal focus is English law, American and Commonwealth jurisdictions figure prominently to facilitate and inform discussion. This book will be of interest to criminal lawyers, both practioners and academics, as well as to students and scholars of criminal law.
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 0101708424
Category : Law
Languages : en
Pages : 236
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Book Description
This is the second of two Commission reports which examine options for reform of the law relating to criminal liability for encouraging or assisting another person to commit an offence (the previous report 'Inchoate liability for assisting and encouraging crime' was published in July 2006 as Cm. 6878 (Law Com. no. 300, ISBN 9780101687829). This report focuses on the law of secondary liability and examines the problems with the law as it currently stands; the differences between inchoate liability and secondary liability; recommendations to introduce statutory schemes of secondary liability and of innocent agency and a new offence of causing the commission of a no fault offence; defences and exemptions; and extra-territorial jurisdiction. It includes the text of two draft bills: Participating in Crime Bill and Participating in Crime (Jurisdiction, Procedure and Consequential Provisions) Bill. Taken together, the recommendations contained in both reports seek to establish a system whereby inchoate and secondary liability will support and supplement each other in a way that is rational and fair.
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: Larry Alexander
Publisher: Springer Nature
ISBN: 3030228118
Category : Philosophy
Languages : en
Pages : 794
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Book Description
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Author: Jeremy Horder
Publisher: Oxford University Press, USA
ISBN: 0198777663
Category : Law
Languages : en
Pages : 583
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Book Description
Ashworth's Principles of Criminal Law, now in its ninth edition, takes a distinctive approach to the subject of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to enlighten the reader as to the underlying principles and theoretical foundations of the criminal law, critically engaging readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. Online Resources The text is accompanied by online resources housing a full bibliography as well as a selection of useful web links.
Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1509926674
Category : Law
Languages : en
Pages : 1057
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Book Description
This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. Review of Previous Edition: '... undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart, Criminal Law Review
Author: Leila Nadya Sadat
Publisher: Cambridge University Press
ISBN: 1139495828
Category : Law
Languages : en
Pages : 595
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Book Description
Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.
Author: Lisa Rodensky
Publisher: Oxford University Press
ISBN: 0198034350
Category : Literary Criticism
Languages : en
Pages : 284
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Book Description
This interdisciplinary study of legal and literary narratives argues that the novel's particular power to represent the interior life of its characters both challenges the law's definitions of criminal responsibility and reaffirms them. By means of connecting major novelists with prominent jurists and legal historians of the era, it offers profound new ways of thinking about the Victorian period.
Author: Paul S Davies
Publisher: Bloomsbury Publishing
ISBN: 1849469571
Category : Law
Languages : en
Pages : 549
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Book Description
Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.
Author: Sangkul Kim
Publisher: Springer
ISBN: 946265123X
Category : Law
Languages : en
Pages : 242
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Book Description
Tackling one of the most confusing and controversial issues in the field of international criminal law — i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the ‘conduct level’ and ‘context level’, it detects the genocidal intent element at the ‘context level’. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The author argues that the crime of genocide is not a ‘crime of mens rea’. Collective genocidal intent at the ‘context level’ operates in a way that renders the crime of genocide itself a criminal enterprise. The idea of genocide as a criminal enterprise also suggests that genocide is a leadership crime in respect of which only the high-level actors can be labeled as principals (as opposed to accessories). The book criticizes the dominant individualistic approaches to genocidal intent (in particular: the knowledge-based approach) which have thus far governed the relevant jurisprudential and academic analysis. It further demonstrates that the hidden notion of ‘collective genocide’ silently governs the relevant international jurisprudence. Practitioners and academics in the field of international criminal law and related disciplines will find in this book a new approach to the crime of genocide. The text is the first-ever book-length exposition of a collective account of genocidal intent. Its accessibility is highly enhanced by relevant footnotes.Sangkul Kim is Lecturer at Korea University in Seoul and Research Fellow with the Centre for International Law Research and Policy (CILRAP).He served as Associate Legal Adviser at the Office of the Prosecutor of the International Criminal Court (2004-2008). He earned law degrees from Korea University and Georgetown University Law Center.
