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Author: A. P. Simester
Publisher:
ISBN:
Category : Criminal liability
Languages : en
Pages : 286
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Book Description
This book of essays, including Anglo-American and European perspectives, considers strict liability in criminal law : that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault.
Author: A. P. Simester
Publisher:
ISBN:
Category : Criminal liability
Languages : en
Pages : 286
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Book Description
This book of essays, including Anglo-American and European perspectives, considers strict liability in criminal law : that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault.
Author: Faizan Mustafa
Publisher:
ISBN:
Category : Criminal liability
Languages : en
Pages : 144
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Book Description
Author: A. P. Simester
Publisher: Oxford Monographs on Criminal
ISBN: 9780199278510
Category : Law
Languages : en
Pages : 0
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Book Description
Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mensrea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions'they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent.Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of thefundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rulesof strict liability and evidential presumptions.The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.
Author: Jonathan Herring
Publisher: Oxford University Press
ISBN: 0198811810
Category : Criminal law
Languages : en
Pages : 945
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Book Description
Jonathan Herring's unique and bestselling approach of separating out the doctrinal and theoretical aspects of the law, alongside expertly selected extracts, makes this book enduringly popular with students and teachers.
Author: Jonathan (Professor of Law Herring, Exeter College Oxford)
Publisher:
ISBN: 0198848471
Category : Criminal law
Languages : en
Pages : 983
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Book Description
Criminal Law: Text, Cases, and Materials offers comprehensive legal coverage and insightful analysis alongside expertly selected extracts from key cases and academic sources.The effective two-part structure of each chapter in the book - the first part explaining the law as it is, the second examining the theoretical aspects of the law - ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of thesurrounding philosophical and ethical debates. Important theoretical material is made accessible to students through a particularly engaging writing style. The author's clarity of expression brings the subject to life and places the law in context.This text is an essential and complete resource for all those wanting to get to grips with the fascinating and sometimes challenging area of criminal law.Online ResourcesThis book is accompanied by online resources, including:DT An introductory video from the author DT Multiple choice questions DT Guidance on selected questions from the book DT Key case flashcards DT Useful web links DT A full bibliography
Author: Herring Jonathan
Publisher: Oxford University Press
ISBN: 0198904673
Category :
Languages : en
Pages : 961
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Book Description
Author: Jonathan Herring
Publisher: Bloomsbury Publishing
ISBN: 1352010240
Category : Law
Languages : en
Pages : 283
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Book Description
This textbook is an introduction to more advanced writings on criminal law, primarily designed to allow students to think critically and analyse specific topics. Each chapter is structured around key questions and debates that provoke deeper thought. It asks questions such as: Why do we have the laws that we have? Could the criminal law look differently? How should the law be applied to novel situations? Does the law in fact reflect prejudices? The aim of the book is not to present a complete overview of theoretical issues in criminal law, but rather to illustrate the current debates among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. New to this Edition: - A new debate on the law on body modification - Fresh discussion of the law on dishonesty - Important new case law on causation - Detailed discussion of developments on the law on accessory - Significant developments on the law on sexual offences
Author:
Publisher: Oxford University Press
ISBN: 0198898606
Category :
Languages : en
Pages : 1264
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Book Description
Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
ISBN: 3642137148
Category : Law
Languages : en
Pages : 216
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Book Description
This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.
Author: Andrew Simester
Publisher: Oxford University Press
ISBN: 0192594605
Category : Law
Languages : en
Pages : 544
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Book Description
Written by a noted expert in criminal law, 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. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in criminal law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations. This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike.
