Humanistic Foundation Of Criminal Law
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Humanistic Foundation Of Criminal Law
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Author : Xingliang Chen
language : en
Publisher: Springer Nature
Release Date : 2023-03-04
Humanistic Foundation Of Criminal Law written by Xingliang Chen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-04 with Law categories.
This book uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.
Philosophical Foundations Of Criminal Law
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Author : R. A. Duff
language : en
Publisher: OUP Oxford
Release Date : 2013-01-24
Philosophical Foundations Of Criminal Law written by R. A. Duff and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-24 with Law categories.
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
Foundations Of Criminal Law
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Author : Leo Katz
language : en
Publisher: Oxford University Press, USA
Release Date : 1999
Foundations Of Criminal Law written by Leo Katz 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 1999 with Law categories.
"I came upon some excellent readings for the first time in this book....[It] could admirably serve its intended purpose as supplementary readings in a law school course in the hands of an instructor who wishes to emphasize the philosophical analysis of criminal law."--Law and Politics Book Review
The Ethical Foundations Of Criminal Justice
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Author : Richard A. Spurgeon Hall
language : en
Publisher: CRC Press
Release Date : 1999-09-24
The Ethical Foundations Of Criminal Justice written by Richard A. Spurgeon Hall and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-09-24 with Law categories.
Ideal for anyone involved in the study of criminal justice, this book acquaints students with the philosophical concepts upon which ethical theory is based. It applies these ideas to specific issues and dilemmas within the criminal justice system. Its ultimate goal is to acquaint students with basic concepts of ethics in criminal justice and to train the mind to solve moral issues independently. The Ethical Foundations of Criminal Justice offers a comprehensive definition of ethics, and elucidates its unique language and logic. The book explores the major ethical theories, with extensive discussion of authorities like Kant, Aristotle, Mill, and Hobbes. Chapters investigate normative ethics, teleological theories, deontological theories, and the alternative theories of ethics. The author exhibits the practice of these theories in actual matters of rights, the law, and the behavior of the courts. This book addresses ethics in the context of civil liability, police corruption, and abuse of police power, and includes numerous case studies and references to other relevant works. Criminal justice majors, criminology and law school students, and even police academy cadets will find this text an invaluable source of information both for academic studies and real-world applications.
The Christian Foundations Of Criminal Responsibility
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Author : J. M. B. Crawford
language : en
Publisher:
Release Date : 1991
The Christian Foundations Of Criminal Responsibility written by J. M. B. Crawford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
A treatise on the medieval and Christian foundation of common law, this work argues that intellectual sources for the concept known in criminal law as intention, or mens rea, owe a debt to various Christian writings and philosophy.
The Theoretical And Philosophical Foundations Of Criminal Law
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Author : David Dolinko
language : en
Publisher: Routledge
Release Date : 2014
The Theoretical And Philosophical Foundations Of Criminal Law written by David Dolinko and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Criminal law categories.
This volume offers a selection of significant and influential research articles from the contemporary philosophical debate over the fundamental concepts and structures of Anglo-American criminal law. The articles consider the moral legitimacy of punishment, excuse and justification defenses and the conundrums of attempt liability, the bases of culpability and criminal responsibility and the appropriate limits of the criminal law. The introduction clarifies the contexts in which these subjects are discussed, and the volume includes an extensive bibliography.
Criminal Law
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Author : Charles P. Nemeth
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30
Criminal Law written by Charles P. Nemeth and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.
Criminal Law: Historical, Ethical, and Moral Foundations, 3rd edition, blends legal and moral reasoning in the examination of crimes and explores the history relating to jurisprudence and roots of criminal law. In order to fully grasp criminal law concepts, students must go beyond mere rote memorization of the penal code and endeavor to understand where the laws originate from and how they have developed. This book fosters discussions of controversial issues and delivers abridged case law decisions that target the essence of appellate rulings. Grounded in the Model Penal Code, making the text national in scope, this volume examines: Why the criminal codes originated, and the moral, religious, spiritual, and human influences that led to our present system How crimes are described in the modern criminal justice model The two essential elements necessary for criminal culpability: actus reus (the act committed or omitted) and mens rea (the mind and intent of the actor) Offenses against the body resulting in death, including murder, manslaughter, felony murder, and negligent homicide Non-terminal criminal conduct against the body, including robbery, kidnapping, false imprisonment, assault, and hate crimes Sexual assault, rape, necrophilia, incest, and child molestation Property offenses, such as larceny/theft, bribery, forgery, and embezzlement Crimes against the home, including burglary, trespassing, arson, and vandalism The book also examines controversial public morality issues such as prostitution, drug legalization, obscenity, and pornography. The final two chapters discuss inchoate offenses, where the criminal act has not been completed, and various criminal defenses, such as legal insanity, entrapment, coercion, self-defense, and mistake of fact or law. Important keywords introduce each chapter, and discussion questions and suggested readings appear at the end of each chapter, prompting lively debate and further inquiry into a fascinating subject area that continues to evolve. Updated to include the latest developments in the law, this book is appropriate for undergraduate students in criminal law and related courses.
The Global Justice Reader
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Author : Thom Brooks
language : en
Publisher: John Wiley & Sons
Release Date : 2008-03-10
The Global Justice Reader written by Thom Brooks and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-10 with Philosophy categories.
The Global Justice Reader is a first-of-its kind collection that brings together key foundational and contemporary writings on this important topic in moral and political philosophy. Brings together key foundational and contemporary writings on this important topic in moral and political philosophy Offers a brief introduction followed by important readings on subjects ranging from sovereignty, human rights, and nationalism to global poverty, terrorism, and international environmental justice Presents the writings of key figures in the field, including Thomas Hobbes, Immanuel Kant, John Rawls, Thomas Pogge, Peter Singer, and many others
The Constitution Of The Criminal Law
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Author : Lindsay Farmer
language : en
Publisher: Oxford University Press
Release Date : 2013-01-31
The Constitution Of The Criminal Law written by Lindsay Farmer 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 2013-01-31 with Law categories.
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Action And Value In Criminal Law
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Author : Stephen Shute
language : en
Publisher:
Release Date : 1993
Action And Value In Criminal Law written by Stephen Shute and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, reveal hidden truths, and establish new patterns of thought. Their always illuminating and sometimes startling conclusions makes this essential reading for all those interested in the philosophy of criminal law.