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Author: Jeremy Horder
Publisher: Oxford University Press on Demand
ISBN: 9780198256960
Category : Law
Languages : en
Pages : 208
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Book Description
Provocation and Responsibility breaks new ground by drawing on historical and philosophical sources not normally linked in analysis of the criminal law, to provide the first detailed study of the effect of provocation on culpability in morality and law. It traces the fascinating history and colourful development of the legal doctrine of provocation, right up to present-day controversies over the scope of the doctrine's application in murder cases. These developments are illuminated throughout by setting them in the context of the changing moral and philosophical understanding of anger, its effect on responsibility and the role it plays in the human character.
Author: Jeremy Horder
Publisher: Oxford University Press on Demand
ISBN: 9780198256960
Category : Law
Languages : en
Pages : 208
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Book Description
Provocation and Responsibility breaks new ground by drawing on historical and philosophical sources not normally linked in analysis of the criminal law, to provide the first detailed study of the effect of provocation on culpability in morality and law. It traces the fascinating history and colourful development of the legal doctrine of provocation, right up to present-day controversies over the scope of the doctrine's application in murder cases. These developments are illuminated throughout by setting them in the context of the changing moral and philosophical understanding of anger, its effect on responsibility and the role it plays in the human character.
Author: David O. Brink
Publisher: Oxford University Press
ISBN: 0192603191
Category : Philosophy
Languages : en
Pages : 360
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Book Description
Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a prior and independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. As a result, we can study responsibility by understanding excuses. We excuse misconduct when an agent's capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities - normative competence - and a fair opportunity to exercise these capacities free from undue interference - situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.
Author: Professor Alan Reed
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497828
Category : Law
Languages : en
Pages : 411
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Book Description
This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.
Author: Alan Reed
Publisher: Routledge
ISBN: 1317103300
Category : Law
Languages : en
Pages : 410
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Book Description
This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.
Author: Józef Mackiewicz
Publisher: Yale University Press
ISBN: 0300145705
Category : Political Science
Languages : en
Pages : 255
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Book Description
This political treatise examines the history and nature of Communism as it developed in the Soviet Union and in Poland. The author argues that accommodation with the Communists simply helped them to impose their vision of the world and pursue their goal of global domination.
Author: Jonathan Herring
Publisher: Oxford University Press
ISBN: 0198811810
Category : 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: Ferdinand David Schoeman
Publisher: Cambridge University Press
ISBN: 9780521339513
Category : Philosophy
Languages : en
Pages : 370
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Book Description
An examination of the responsibility individuals have for their actions and characters.
Author: Kate Fitz-Gibbon
Publisher: Routledge
ISBN: 1317550617
Category : Law
Languages : en
Pages : 199
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Book Description
The crime of homicide has long animated academic debate, community concern and political attention. The discussion has often centered on the perceived (in)adequacy of legal responses to homicide, questions of culpability, and divergent representations of victims and offenders. Within this, notions of gender, responsibility and justice are pivotal. This edited collection builds on existing scholarship by examining these concerns not only in the context of the ‘private’ world of domestic murder but also in the more ‘public’ world of the state, the corporation, war, and genocide. In so doing this book draws from key frameworks of criminological thought, legal analysis and empirical evidence to critically examine the relationship between homicide, gender and responsibility. Bringing together leading international criminology and legal scholars, this collection provides a unique contribution to the academic and policy engagement with what is, more often than not, an ordinary and mundane crime. Analysing the crime in a variety of different social contexts alongside an in-depth and critical analysis of the interconnections between the ordinary act of lethal violence, gender and notions of responsibility, this book will be of interest to students, scholars and policymakers working in criminology and socio-legal studies.
Author: John Deigh
Publisher: Oxford University Press
ISBN: 0195314859
Category : Law
Languages : en
Pages : 540
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Book Description
This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
Author: Kimberley White
Publisher: UBC Press
ISBN: 0774858230
Category : Social Science
Languages : en
Pages : 202
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Book Description
The meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases. Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which common sense about crime, punishment, criminality, and human nature shaped the boundaries of expert knowledge at every stage of the judicial process. Negotiating Responsibility fills a void in Western socio-legal history scholarship and provides an essential point of reference from which to evaluate current criminal law practices and law reform initiatives in Canada.
