An Inquiry Into Criminal Guilt
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An Inquiry Into Criminal Guilt
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Author : Peter Brett
language : en
Publisher:
Release Date : 1963
An Inquiry Into Criminal Guilt written by Peter Brett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Criminal law categories.
Harmful Thoughts
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Author : Meir Dan-Cohen
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
Harmful Thoughts written by Meir Dan-Cohen and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Philosophy categories.
In these writings by one of our most creative legal philosophers, Meir Dan-Cohen explores the nature of the self and its response to legal commands and mounts a challenge to some prevailing tenets of legal theory and the neighboring moral, political, and economic thought. The result is an insider's critique of liberalism that extends contemporary liberalism's Kantian strand, combining it with postmodernist ideas about the contingent and socially constructed self to build a thoroughly original perspective on some of the most vital concerns of legal and moral theory. Dan-Cohen looks first at the ubiquity of legal coercion and considers its decisive impact on the nature of legal discourse and communication, on law's normative aspirations and claim to obedience, and on the ideal of the rule of law. He moves on to discuss basic values, stressing the preeminence of individual identity and human dignity over the more traditional liberal preoccupations with preference-based choice and experiential harm. Dan-Cohen then focuses more directly on the normative ramifications of the socially constructed self. Fundamental concepts such as responsibility and ownership are reinterpreted to take account of the constitutive role that social practices--particularly law and morality--play in the formation of the self. Throughout, Dan-Cohen draws on a uniquely productive mix of philosophical traditions and subjects, blending the methods of analytic philosophy with the concerns of Continental philosophers to reconceive the self and its relation to ethics and the law.
Taming The Presumption Of Innocence
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Author : Richard L. Lippke
language : en
Publisher: Oxford University Press
Release Date : 2016-02-01
Taming The Presumption Of Innocence written by Richard L. Lippke and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-01 with Social Science categories.
The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
An Inquiry Into Criminal Guilt
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Author : Peter Brett
language : en
Publisher:
Release Date : 1963
An Inquiry Into Criminal Guilt written by Peter Brett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Criminal law categories.
The Construction Of Guilt In China
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Author : Yu Mou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-02
The Construction Of Guilt In China written by Yu Mou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.
Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.
Criminal Law And Precrime
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Author : Richard Jochelson
language : en
Publisher: Routledge
Release Date : 2017-07-06
Criminal Law And Precrime written by Richard Jochelson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-06 with Social Science categories.
In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.
An Inquiry Into Innocence
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Author : R N Cogley
language : en
Publisher: Cranthorpe Millner Publishers
Release Date : 2024-01-23
An Inquiry Into Innocence written by R N Cogley and has been published by Cranthorpe Millner Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-23 with Fiction categories.
"The judge described my crime as 'the most heinous' he had seen in his career on the bench. I wanted to shout, cry out and protest my innocence as my sentence was handed down. But honestly, I couldn't." Convicted of a crime he has no memory of committing, Eli Kelly is serving a life sentence in Stoutbliss Prison. After seven years as an inmate, Eli is resigned to his fate, but when a solicitor is sent to Stoutbliss as part of a government scheme to investigate potential miscarriages of justice, he finds himself contemplating a future beyond his prison cell. Working with a psychiatrist, Eli revisits his traumatic past, and as they delve deeper into his memories, Eli realises that, regardless of his guilt or innocence, he is yet another victim whose cries for help were ignored by the very services supposed to keep him safe. Will Eli finally remember what happened on that fateful night? Is he guilty? Or innocent? And given the circumstances, does it matter?
Free Hands And Minds
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Author : Susan Bartie
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-19
Free Hands And Minds written by Susan Bartie and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-19 with Law categories.
Peter Brett (1918–1975), Alice Erh-Soon Tay (1934–2004) and Geoffrey Sawer (1910–1996) are key, yet largely overlooked, members of Australia's first community of legal scholars. This book is a critical study of how their ideas and endeavours contributed to Australia's discipline of law and the first Australian legal theories. It examines how three marginal figures – a Jewish man (Brett), a Chinese woman (Tay), and a war orphan (Sawer) – rose to prominence during a transformative period for Australian legal education and scholarship. Drawing on in-depth interviews with former colleagues and students, extensive archival research, and an appraisal of their contributions to scholarship and teaching, this book explores the three professors' international networks and broader social and historical milieux. Their pivotal leadership roles in law departments at the University of Melbourne, University of Sydney, and the Australian National University are also critically assessed. Ranging from local experiences and the concerns of a nascent Australian legal academy to the complex transnational phenomena of legal scholarship and theory, Free Hands and Minds makes a compelling case for contextualising law and legal culture within society. At a time of renewed crisis in legal education and research in the common law world, it also offers a vivid, nuanced and critical account of the enduring liberal foundations of Australia's discipline of law.
Reform Of The Federal Criminal Laws
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures
language : en
Publisher:
Release Date : 1971
Reform Of The Federal Criminal Laws written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Criminal law categories.
Guilty Acts Guilty Minds
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Author : Stephen P. Garvey
language : en
Publisher: Oxford University Press
Release Date : 2020-05-25
Guilty Acts Guilty Minds written by Stephen P. Garvey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-25 with Law categories.
When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.