Criminal Responsibility And Partial Excuses
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Criminal Responsibility And Partial Excuses
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Author : George Mousourakis
language : en
Publisher: Routledge
Release Date : 2018-12-17
Criminal Responsibility And Partial Excuses written by George Mousourakis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-17 with Law categories.
Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.
Excusing Crime
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Author : Jeremy Horder
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
Excusing Crime written by Jeremy Horder and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. Setting himself against the 'classical' view of excuses, which has a long heritage, and is enshrined in different forms in many of the world's criminal codes, both liberal and non-liberal; Jeremy Horder argues that it is now time to move forwards. He contends that a wider range of excuses--'diminished capacity', 'due diligence' and 'demands of conscience'--should be recognised in law.
Great Debates In Criminal Law
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Author : Jonathan Herring
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-06-01
Great Debates In Criminal Law written by Jonathan Herring and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-01 with Law categories.
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
Loss Of Control And Diminished Responsibility
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Author : Professor Alan Reed
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
Loss Of Control And Diminished Responsibility written by Professor Alan Reed and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
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.
Moral Puzzles And Legal Perplexities
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Author : Heidi M. Hurd
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-22
Moral Puzzles And Legal Perplexities written by Heidi M. Hurd and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-22 with Law categories.
Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Criminal Law
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Author : Jonathan Herring
language : en
Publisher: Oxford University Press
Release Date : 2018
Criminal Law written by Jonathan Herring 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 2018 with Criminal law categories.
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.
Partial Excuses To Murder
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Author : Stanley Meng Heong Yeo
language : en
Publisher: Wm Gaunt & Sons
Release Date : 1990
Partial Excuses To Murder written by Stanley Meng Heong Yeo and has been published by Wm Gaunt & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Social Science categories.
Sixteen papers on provocation, diminished responsibility, excessive self-defence and intoxication described in the Adelaide Law Review as: "a comprehensive and illuminating view of the four defences" Other publications agree: "Those of us who must defend in the cold aftermath of a killing would do well to have a copy of this book handy."ACT Law Society Newsletter "There is a healthy balance between theoretical perspective and practical application."Victorian Law Institute Journal
The Insanity Defence
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Author : Ronnie Mackay
language : en
Publisher: Oxford University Press
Release Date : 2022-12-01
The Insanity Defence written by Ronnie Mackay 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 2022-12-01 with Law categories.
More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.
J L Austin And The Law
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Author : Daniel Brian Yeager
language : en
Publisher: Bucknell University Press
Release Date : 2006
J L Austin And The Law written by Daniel Brian Yeager and has been published by Bucknell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
In investigating the relationship between accusation and excuse, this study uncovers something about the criminal law's peculiar way of interpreting human action. Identifying that something can move us a little closer to discovery or agreement and just what it is that is staked in criminal law. What is staked in any discussion of criminal law is the meaning and operation of responsibility, which makes human action and its consequences so tragic. The author confronts the idea of responsibility by mapping the work of J. L. Austin onto the criminal law.
Tort Law Defences
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Author : James Goudkamp
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Tort Law Defences written by James Goudkamp and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.