Personal Autonomy, the Private Sphere and Criminal Law

Personal Autonomy, the Private Sphere and Criminal Law PDF Author: Peter Alldridge
Publisher: Bloomsbury Publishing
ISBN: 1847310028
Category : Law
Languages : en
Pages : 300

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Book Description
This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.

Personal Autonomy, the Private Sphere and Criminal Law

Personal Autonomy, the Private Sphere and Criminal Law PDF Author: Peter Alldridge
Publisher: Bloomsbury Publishing
ISBN: 1847310028
Category : Law
Languages : en
Pages : 300

Get Book Here

Book Description
This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.

Personal Autonomy, the Private Sphere, and the Criminal Law

Personal Autonomy, the Private Sphere, and the Criminal Law PDF Author: Peter Alldridge
Publisher:
ISBN: 9781472559050
Category : Criminal law
Languages : en
Pages : 274

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Book Description
This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism

Personal Autonomy, the Private Sphere and Criminal Law

Personal Autonomy, the Private Sphere and Criminal Law PDF Author: Peter Alldridge
Publisher: Hart Publishing
ISBN: 1901362825
Category : Law
Languages : en
Pages : 301

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Book Description
This study compares legal cultures and underlying assumptions about privacy, personal autonomy, and justifications for state intervention in individual behavior through criminal law, focusing primarily on England, Wales, and continental Europe. In theory , at least, Europeans increasingly share a common culture of basic individual rights and of standards against which to measure the legitimacy of state interference with them, as expressed by the European Convention on Human Rights and Fundamental Freedoms. At the same time, the development of a supra-national economic and social order is pushing national criminal justice systems further toward a shared instrumentalist perception of criminal law. Distributed by ISBS. c. Book News Inc.

Defining Rape: Emerging Obligations for States Under International Law?

Defining Rape: Emerging Obligations for States Under International Law? PDF Author: Maria Eriksson
Publisher: Martinus Nijhoff Publishers
ISBN: 9004202633
Category : Law
Languages : en
Pages : 625

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Book Description
The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor.

Scots Criminal Law

Scots Criminal Law PDF Author: Pamela R Ferguson
Publisher: Edinburgh University Press
ISBN: 0748695834
Category : Law
Languages : en
Pages : 798

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Book Description
Scots Criminal Law "e; A Critical Analysis provides a clear statement of the current law for students and practitioners, with a theoretical and critical focus. This new edition has been updated to reflect changes in the law since the first edition publishe

Setting the Watch

Setting the Watch PDF Author: Beatrice von Silva-Tarouca Larsen
Publisher: Bloomsbury Publishing
ISBN: 1847316263
Category : Law
Languages : en
Pages : 226

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Book Description
Many liberals consider CCTV surveillance in public places - particularly when it is as extensive as it is in England - to be an infringement of important privacy-based rights. An influential report by the House of Lords in 2009 also took this view. However there has been little public, or academic, discussion of the underlying principles and ethical issues. What rights of privacy or anonymity do people have when abroad in public space? What is the rationale for these rights? In what respect does CCTV surveillance compromise them? To what extent does the state's interest in crime prevention warrant encroachment upon such privacy and anonymity rights? This book offers the first extended, systematic treatment of these issues. In it, the author develops a theory concerning the rationale for the entitlement to privacy and anonymity in public space, based on notions of liberty and dignity. She examines how CCTV surveillance may compromise these rights, drawing on everyday conventions of civil inattention among people in the public domain. She also considers whether and to what extent crime-control concerns could justify overriding these entitlements. The author's conclusion is that CCTV surveillance should be appropriate only in certain restrictively-defined situations. The book ends with a proposal for a scheme of CCTV surveillance that reflects this conclusion.

Values in Criminology and Community Justice

Values in Criminology and Community Justice PDF Author: Cowburn, Malcolm
Publisher: Policy Press
ISBN: 1447320638
Category : Social Science
Languages : en
Pages : 408

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Book Description
The way we think about crime and the way that society responds to it are imbued with values that can determine what is considered important and what gets attention. Sometimes values that are claimed may not be the values expressed in practice, as we see in the multiple and confusing discourses about victims and offenders, punishment and protection, rights and responsibilities. This collection of writings considers values in crime theory, criminal justice and research practice, uncovering the many different 'sides' – to echo Howard Becker's famous phrase – that criminologists, policy makers and researchers take. It spans Marxist, postmodernist and feminist perspectives on criminology, analyses of the dynamics of race, gender and age, research methods and ethics, the working of the criminal justice system and engages with current debates about new challenges for criminology, such as the green movement and Islamophobia. This is a timely and thought-provoking collection which will be of interest to academics and students in criminology and criminal justice, and on professional courses, such as probation and youth justice practice.

Criminal Evidence

Criminal Evidence PDF Author: Paul Roberts
Publisher: Oxford University Press
ISBN: 0199231648
Category : Language Arts & Disciplines
Languages : en
Pages : 772

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Book Description
Based on Adrian Zuckerman's 'The Principles of Criminal Evidence', this book presents a comprehensive treatment of the fundamental principles & underlying logic of the law of criminal evidence. It includes changes relating to presumption of innocence, privilege against self-incrimination, character, & the law of corroboration.

Privacy and the Criminal Law

Privacy and the Criminal Law PDF Author: Erik Claes
Publisher: Intersentia nv
ISBN: 9050955452
Category : Criminal law
Languages : en
Pages : 211

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Book Description


Making the Modern Criminal Law

Making the Modern Criminal Law PDF Author: Lindsay Farmer
Publisher: Oxford University Press
ISBN: 0191058599
Category : Law
Languages : en
Pages : 353

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Book Description
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.